Air Plan Approval; AK: Fine Particulate Matter Infrastructure Requirements, 3101-3108 [2018-01165]

Download as PDF Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 for airspace redesign by modifying Class D airspace to a 4.6-mile radius (from a 4.5-mile radius) of the airport from the airport 297° bearing clockwise to the airport 164° bearing, thence direct to the point of beginning. This modification would provide additional Class D airspace south of the airport and would remove Class D airspace southwest and northwest of the airport, thereby containing instrument IFR departure aircraft until reaching 700 feet above the surface, and removing airspace not required by IFR operations. Also, this action would remove the reference to the El Nido VOR/DME in the legal description due to its planned decommissioning as the FAA transitions from ground-based to satellite-based navigation. Class E airspace extending upward from 700 feet above the surface would be modified to a 7.2-mile (from a 7-mile) radius of the airport, and would remove the 23-mile extension northwest of the airport. Additionally, the airport’s geographic coordinates would be updated to match the FAA’s aeronautical database for the Class D and Class E airspace areas. An editorial change also would be made to the Class E surface area airspace legal description replacing ‘‘Airport/Facility Directory’’ with the term ‘‘Chart Supplement’’. These actions are necessary for the safety and management of IFR operations at this airport. Class E airspace designations are published in paragraph 6002, and 6005, respectively, of FAA Order 7400.11B, dated August 3, 2017 and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Regulatory Notices and Analyses The FAA has determined that this proposed regulation only involves an VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 3101 established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is noncontroversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. thence to the point of beginning. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. BILLING CODE 4910–13–P List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * * AWP CA D Atwater, CA [Amended] Castle Airport, CA (Lat. 37°22′50″ N, long. 120°34′06″ W) That airspace extending upward from the surface up to but not including 2,000 feet MSL within a 4.6-mile radius of Castle Airport beginning at the 297° bearing from the airport clockwise to the 164° bearing, PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AWP CA E5 Atwater, CA [Amended] Castle Airport, CA (Lat. 37°2250 N, long. 120°34′06″ W) That airspace extending upward from 700 feet above the surface within a 7.2-mile radius of Castle Airport. Issued in Seattle, Washington, on January 11, 2018. Shawn M. Kozica, Manager, Operations Support Group, Western Service Center. [FR Doc. 2018–01026 Filed 1–22–18; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2017–0597; FRL–9973– 22—Region 10] Air Plan Approval; AK: Fine Particulate Matter Infrastructure Requirements Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is proposing to approve the Alaska State Implementation Plan (SIP) as meeting specific infrastructure requirements for the fine particulate matter (PM2.5) NAAQS. DATES: Comments must be received on or before February 22, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2017–0597, 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 the disclosure of which is SUMMARY: E:\FR\FM\23JAP1.SGM 23JAP1 3102 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.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 sradovich on DSK3GMQ082PROD with PROPOSALS I. Background II. Infrastructure Elements III. EPA Approach To Review of Infrastructure SIP Submissions IV. EPA Evaluation V. Proposed Action VI. Statutory and Executive Orders Review I. Background On July 18, 1997, the EPA promulgated a new 24-hour and a new annual NAAQS for fine particulate matter (PM2.5) (62 FR 38652). Subsequently, on October 17, 2006, the EPA tightened the 24-hour PM2.5 NAAQS from 65 micrograms per cubic meter (mg/m3) to 35 mg/m3, and retained the annual PM2.5 standard at 15 mg/m3 (71 FR 61144). More recently, on December 14, 2012, the EPA lowered the level of the primary annual PM2.5 NAAQS to 12 mg/m3 and retained the remaining particulate matter standards (January 15, 2013, 78 FR 3086). After a new or revised NAAQS is promulgated, the CAA requires states to submit infrastructure SIPs to meet basic elements required to implement, maintain, and enforce the new or revised NAAQS. On March 10, 2016, the Alaska Department of Environmental Conservation (ADEC) submitted a SIP revision to meet the 2012 PM2.5 NAAQS infrastructure requirements, in addition to outstanding 1997 and 2006 PM2.5 NAAQS infrastructure elements not included in prior submissions. VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 Specifically, Alaska’s March 10, 2016, submission addresses the following infrastructure elements: • CAA section 110(a)(2)(A) through (M) for the 2012 PM2.5 NAAQS; • CAA section 110(a)(2)(G) for the 2006 PM2.5 NAAQS; and • CAA section 110(a)(2)(G) for the 1997 PM2.5 NAAQS. We note that Alaska’s March 10, 2016, submission addresses other program areas, such as regional haze, transportation conformity, and nonattainment planning. In this action, we are proposing to approve the portion of the March 10, 2016, submission related to PM2.5 infrastructure requirements only.1 We previously approved other portions of the submission on August 28, 2017 (82 FR 40712) and September 8, 2017 (82 FR 42457), and we intend to address the remainder of the submission in separate, future actions. II. Infrastructure Elements CAA section 110(a)(1) provides the procedure and timing for SIP submissions after a new or revised NAAQS is promulgated. CAA section 110(a)(2) lists specific elements that states must meet related to a newly established or revised NAAQS. The EPA has issued guidance to help states address these requirements, most recently on September 13, 2013 (2013 Guidance).2 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 episodes. • 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. 1 Consistent with past practice, the EPA intends to act on requirements related to the CAA section 110(a)(2)(D)(i)(I) interstate transport provisions in a separate action. See 79 FR 45103 (August 4, 2014). 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. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 • 110(a)(2)(L): Permitting fees. • 110(a)(2)(M): Consultation/ participation by affected local entities. The EPA’s 2013 Guidance restated our interpretation that two elements are not governed by the three-year submission deadline in CAA section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are due on separate schedules, pursuant to CAA section 172 and the various pollutant-specific subparts 2 through 5 of part D. These are submissions required by: (i) 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) CAA section 110(a)(2)(I). As a result, this action does not address CAA section 110(a)(2)(C) with respect to nonattainment new source review (NSR) or CAA section 110(a)(2)(I). The EPA has also determined that the CAA section 110(a)(2)(J) provision on visibility is not 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 proposing to approve Alaska’s March 10, 2016, submission as meeting certain PM2.5 NAAQS infrastructure requirements. Our most recent action on an Alaska infrastructure submission was published on May 12, 2017 (82 FR 22081). In the preamble of the action, we published a discussion of the EPA’s overall approach to review of these types of submissions. Please see our July 20, 2016, proposed rule for this discussion (81 FR 47103, at page 47104). 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 regulations set forth at Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50). The relevant regulations are listed below: • 18 AAC 50.010: Ambient Air Quality Standards. • 18 AAC 50.015: Air Quality Designations, Classifications, and Control Regions. E:\FR\FM\23JAP1.SGM 23JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules • 18 AAC 50.040: Federal Standards Adopted by Reference. • 18 AAC 50.050: Incinerator Emission Standards. • 18 AAC 50.055: Industrial Processes and Fuel Burning Equipment. • 18 AAC 50.065: Open Burning. • 18 AAC 50.070: Marine Vessel Visible Emission Standards. • 18 AAC 50.075: Solid Fuel-Fired Heating Device Visible Emission Standards. • 18 AAC 50.076: Solid Fuel-Fired Heating Device Fuel Requirements; Registration of Commercial Wood Sellers. • 18 AAC 50.077: Standards for Wood-Fired Heating Devices. • 18 AAC 50.301: Permit Continuity. • 18 AAC 50.302: Construction Permits. • 18 AAC 50.306: Prevention of Significant Deterioration (PSD) Permits. • 18 AAC 50.345: Construction, Minor 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. • 18 AAC 50.544: Minor Permits: Content. • 18 AAC 50.546: Minor Permits: Revisions. • 18 AAC 50.560: General Minor Permits. EPA analysis: Alaska regulates emissions of PM2.5 (and nitrogen oxides (NOX) and sulfur dioxide (SO2) as precursors to PM2.5) through its SIPapproved major and minor new source review (NSR) permitting programs, and other rules described below. The EPA recently approved numerous revisions to the Alaska SIP, including updates to 18 AAC 50.010 Ambient Air Quality Standards to reflect the most recent NAAQS revisions—the 2012 PM2.5 and 2015 ozone NAAQS (82 FR 42457, September 8, 2017; 82 FR 40712, August 28, 2017). As a result, Alaska’s ambient air quality standards in 18 AAC 50.010 are up-to-date with current NAAQS. Alaska has no areas designated nonattainment for the 2012 PM2.5 NAAQS. We note, however, that 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. VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 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 rules on August 28, 2017 (82 FR 40712). 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 28, 2015. Alaska regulates minor stationary sources of PM2.5 and precursors through its federally-approved minor NSR permitting program. Alaska’s minor NSR 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 since then. The EPA most recently approved substantive revisions to the Alaska minor NSR rules on September 19, 2014 (79 FR 56268) and August 28, 2017 (82 FR 40712). In addition to permitting requirements, Alaska’s SIP contains rules that limit particulate matter emissions. These controls include incinerator emission standards, emission limits for specific industrial processes and fuel burning equipment, open burning restrictions, visible emission limits on marine vessel emissions, and requirements for installing and operating solid fuel-fired devices. Therefore, we are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(A) for the 2012 PM2.5 NAAQS. 110(a)(2)(B): Ambient Air Quality Monitoring/Data System CAA section 110(a)(2)(B) requires SIPs to include provisions to provide for the 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. Alaska Statutes (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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 3103 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, adopted by reference into the State Air Quality Control Plan at 18 AAC 50.030(4). 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 the adoption of the federal reference and interpretation methods for PM2.5. These methods are used by ADEC in its ambient air quality monitoring program to determine compliance with the standards. EPA analysis: A comprehensive air quality monitoring plan to meet CAA monitoring requirements was originally submitted by Alaska on January 18, 1980 (40 CFR 52.70) and approved by the EPA on April 15, 1981 (46 FR 21994). The plan includes statutory and regulatory authority to establish and operate an air quality monitoring network, including PM2.5 monitoring. Alaska’s SIP-approved regulations in 18 AAC 50 Article 2 govern source-specific monitoring and emissions testing for PM2.5 in accordance with federal reference methods. Alaska regularly assesses the adequacy of the state monitoring network and submits that assessment to the EPA for review. In practice, Alaska operates a comprehensive PM2.5 monitoring network, compiles and analyzes collected data, and submits the data to the EPA’s Air Quality System on a quarterly basis. We are therefore proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(B) for the 2012 PM2.5 NAAQS. 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: With respect to enforcement, 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 E:\FR\FM\23JAP1.SGM 23JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS 3104 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules criminal penalties (AS 46.03.790 Criminal penalties). In addition, the submission references compliance order and enforcement proceeding provisions found at 18 AAC Chapter 95 Administrative Enforcement. With respect to construction of new and modified stationary sources, the submission points to ADEC’s statutory authority 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 originally approved by the EPA on February 16, 1995 (60 FR 8943), and revisions to the program were approved in 2007, 2011, and 2015. Alaska’s regulations for construction of new and modified major sources in attainment and unclassifiable areas (PSD) are found at 18 AAC 50.306, and those for nonattainment areas (nonattainment NSR) are found at 18 AAC 50.311. Minor stationary sources are permitted via minor NSR regulations in 18 AAC 50 Article 5. EPA analysis: 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 2012 PM2.5 NAAQS. To generally meet the requirements of CAA section 110(a)(2)(C) for 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 2012 PM2.5 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. For the PSD portion of element 110(a)(2)(C) (as well as for the PSD portions of elements (D)(i)(II) and (J)) the EPA interprets the CAA to require an infrastructure submission that demonstrates a complete PSD permitting program meeting current requirements for all regulated NSR pollutants. Alaska has a SIP-approved PSD program that incorporates by VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 reference certain federal PSD program requirements at 40 CFR 52.21 and 40 CFR 51.166. We most recently approved updates to the program on August 28, 2017 (82 FR 40712). The Alaska PSD rules meet current requirements for all regulated NSR pollutants—we are therefore proposing to approve element 110(a)(2)(C) for PSD. Turning to the minor NSR requirement, the EPA originally approved Alaska’s minor NSR program into the SIP on July 5, 1983 as meeting federal minor NSR requirements at 40 CFR 51.160 through 40 CFR 51.164 (48 FR 30623). Over the years, we have approved revisions to the program as consistent with the CAA and federal minor NSR requirements, most recently on August 28, 2017 (82 FR 40712). We have determined that the program regulates construction of new and modified minor sources for purposes of the 2012 PM2.5 NAAQS consistent with CAA requirements. Therefore, we are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(C) for the 2012 PM2.5 NAAQS. 110(a)(2)(D)(i): 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)). State submission: Alaska’s March 10, 2016, submission addresses 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, however, we intend to evaluate the requirement in a separate, future action. 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 required measures to protect visibility (prong 4). As noted above for section 110(a)(2)(C), Alaska’s SIP-approved PSD program, last revised on August 28, 2017, incorporates by reference current federal PSD requirements (82 FR 40712). We are therefore 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 2012 PM2.5 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, submitted on March 29, 2011, and approved by the EPA on February 14, 2013 (78 FR 10546). The EPA believes, as noted in the 2013 Guidance, that with respect to the 110(a)(2)(D)(i)(II), 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 for the visibility subelement. 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 2012 PM2.5 NAAQS (prong 4). 110(a)(2)(D)(ii): Interstate and International Transport Provisions CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with the applicable requirements of CAA sections 126 and 115 (relating to interstate and international pollution abatement). CAA section 126 requires notification to neighboring states of potential impacts from a new or modified major stationary source, and specifies how a state may petition the EPA when a major source or group of stationary sources in a state is thought to contribute to certain pollution problems in another state. CAA section 115 governs the process for addressing air pollutants emitted in the United States that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare in a foreign country. State submission: The submission references Alaska’s SIP-approved PSD program and certifies that Alaska has no pending obligations under CAA section 115 or 126. EPA analysis: At 18 AAC 50.306(b), Alaska’s PSD program 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 E:\FR\FM\23JAP1.SGM 23JAP1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS the emissions of sources subject to PSD. As a result, Alaska’s PSD regulations provide for notice consistent with CAA section 126(a) and federal requirements. We confirm that Alaska 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 2012 PM2.5 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 asserts 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), 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. These regulations were previously adopted and approved into the SIP. 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 with the Alaska Public Offices Commission (APOC). These disclosures are publically available through APOC’s Anchorage office. With respect to CAA section 110(a)(2)(E)(iii) and assurances that the VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 state has responsibility for ensuring adequate implementation of the plan where the state has relied on local or regional government agencies, the submission references statutory authority and requirements for establishing local air pollution control programs 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, Fairbanks North Star Borough, 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 Municipality of Anchorage and Fairbanks North Star Borough that allows the local entities to operate air quality control programs in their respective jurisdictions. The South Central Clean Air Authority has been established to aid the Municipality of Anchorage 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. 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 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, we are 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 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 2012 PM2.5 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 3105 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 in AS 46.14 Air Quality Control 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 (18 AAC 50.200) and ambient air quality investigations (18 AAC 50.201). Monitoring protocols and test methods for stationary sources are adopted by reference, including the federal reference and interpretation methods for PM2.5. 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. 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 information requests 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 periodic 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. 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 E:\FR\FM\23JAP1.SGM 23JAP1 3106 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS Inventory System. As required, Alaska reports 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. The EPA compiles the emissions data, supplementing it where necessary, and releases it to the general public through the website 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 2012 PM2.5 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 implement the emergency episode provisions in their SIPs. State submission: We note that Alaska’s submission addresses not only the 2012 PM2.5 NAAQS for this element, but also the 1997 and 2006 PM2.5 NAAQS. Alaska cites statutory authority including 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 references 18 AAC 50.246 Air Quality Episodes and Advisories for PM2.5 which authorizes ADEC to declare an air alert, air warning, or air advisory to notify the public and prescribe and publicize curtailment action, including restrictions on open burning under 18 AAC 50.065 and limits on visible emissions from solid fuel-fired heating devices under 18 AAC 50.075. The submission states that ADEC has also worked with the Fairbanks North Star Borough (FNSB) to develop an emergency episode plan for PM2.5 applicable in the FNSB area. This plan was adopted into the state plan at 18 AAC 50.030. 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. We also find that Alaska’s emergency episode rule at 18 AAC 50.246 Air Quality Episodes and VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 Advisories for PM2.5, in conjunction with 18 AAC 50.065 Open Burning and 18 AAC 50.075 Solid Fuel-Fired Device Visible Emission Standards, most recently approved by the EPA on September 8, 2017 (82 FR 40712), are consistent with the requirements of 40 CFR part 51 subpart H for PM2.5 (prevention of air pollution emergency episodes, sections 51.150 through 51.153). 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 1997, 2006, and 2012 PM2.5 NAAQS. 110(a)(2)(H): Future SIP Revisions CAA section 110(a)(2)(H) requires that SIPs provide for revision of the plan (i) from time to time as may be necessary to take account of revisions of a national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining the standard, and (ii), except as provided in paragraph 110(a)(3)(C), whenever the Administrator finds 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. 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 changes to the NAAQS and other requirements. We have taken action on revisions to the Alaska SIP on many occasions in the past, most recently on September 8, 2017 (82 FR 42457), August 28, 2017 (82 FR 40712), May 19, 2016 (81 FR 31511), March 18, 2015 (80 FR 14038), and September 19, 2014 (79 FR 56268). We are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(H) for the 2012 PM2.5 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 due on a different timeline, pursuant to section 172 and the various pollutant specific subparts 2 through 5 of part D. As a result, this action does not address CAA section 110(a)(2)(C) with respect to PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 with respect to 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 program 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 as per AS 46.14.010 Emission control regulations, paragraph (a). In addition, the submission notes that public notice and public hearing regulations for SIP submission 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. 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 updates to the Alaska PSD program on August 28, 2017 (82 FR 40712). In addition, we most recently approved the Alaska rules that define transportation conformity consultation on September 8, 2015 (80 FR 53735) and regional haze interagency planning on February 14, 2013, (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 E:\FR\FM\23JAP1.SGM 23JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules related to permitting actions. Alaska regularly 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, whose purpose is to understand current and evolving regional air quality issues 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 2012 PM2.5 NAAQS. Section 110(a)(2)(J) also requires the public to 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 website, 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 on its website. We are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(J) for public notification for the 2012 PM2.5 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) and permitting. The EPA most recently approved updates to Alaska’s PSD program on August 28, 2017 (82 FR 40712). As discussed in section 110(a)(2)(C), the program meets current federal requirements. Therefore, we are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(J) for PSD for the 2012 PM2.5 NAAQS. With respect to visibility protection under element (J), 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 VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 of CAA section 110(a)(2)(J) for the 2012 PM2.5 NAAQS. 110(a)(2)(K): Air Quality Modeling/Data CAA section 110(a)(2)(K) requires that SIPs provide for (i) the performance of 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 NAAQS, 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 August 28, 2017, we approved revisions to 18 AAC 50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal Standards Adopted by Reference (82 FR 40712). 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, 2015. Therefore, we are proposing to approve the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(K) for the 2012 PM2.5 NAAQS. 110(a)(2)(L): Permitting Fees CAA section 110(a)(2)(L) directs 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 fullyapproved Alaska’s title V program on July 26, 2001 (66 FR 38940). While PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 3107 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 title V 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 SIP-approved regulations at 18 AAC 50.306(d)(2) and 18 AAC 50.311(d)(2) require fees for purposes of major new source permitting as specified in 18 AAC 50.400 through 18 AAC 50.499. Therefore, we are proposing to conclude that Alaska has satisfied the requirements of CAA section 110(a)(2)(L) for the 2012 PM2.5 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 asserts 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. 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 2012 PM2.5 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 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M). We are also proposing to approve the Alaska SIP as meeting CAA section 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS. E:\FR\FM\23JAP1.SGM 23JAP1 3108 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 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 VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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: January 11, 2018. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2018–01165 Filed 1–22–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648–BH36 Fisheries off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries (HMS FMP); Revisions to the Biennial Management Cycle National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of an amendment to a fishery management plan; request for comments. AGENCY: NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 4 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 4 is to bring descriptions of the management context for highly migratory species (HMS) fisheries up to date, better describe the Council’s role in the process of making stock status determinations including evaluations of the best scientific information available (BSIA), and change the schedule of the Council’s three-meeting biennial management cycle for HMS stocks. The amendment is administrative in nature and is not expected to affect activities authorized under the FMP or their harvest levels. SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Comments on Amendment 4 must be submitted received by March 26, 2018 to be considered in the decision whether to approve, disapprove, or partially approve Amendment 4. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2017–0138, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docket Detail;D=NOAA-NMFS-2017-0138, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Amber.Rhodes@noaa.gov, NMFS West Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ‘‘NOAA–NMFS–2017–0138’’ in the comments. Instructions: Comments must be submitted by one of the above methods to ensure they are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the draft Amendment 4 and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA–NMFS–2017–0138, or contact Amber Rhodes, NMFS West Coast Region, 562–980–3231, Amber.Rhodes@noaa.gov or Heidi Taylor, NMFS West Coast Region, 562– 980–4039, Heidi.Taylor@noaa.gov. FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562–980–3231, Amber.Rhodes@noaa.gov or Heidi Taylor, NMFS, 562–980–4039, Heidi.Taylor@noaa.gov. SUPPLEMENTARY INFORMATION: During the Council’s 2016 biennial management cycle meetings for HMS and considerations for recent revisions to agency guidelines for National Standard 1 (81 FR 71858, October 18, 2016), key DATES: E:\FR\FM\23JAP1.SGM 23JAP1

Agencies

[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Proposed Rules]
[Pages 3101-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0597; FRL-9973- 22--Region 10]


Air Plan Approval; AK: Fine Particulate Matter Infrastructure 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires 
states to submit a plan for the implementation, maintenance, and 
enforcement of the standard, commonly referred to as infrastructure 
requirements. The Environmental Protection Agency (EPA) is proposing to 
approve the Alaska State Implementation Plan (SIP) as meeting specific 
infrastructure requirements for the fine particulate matter 
(PM2.5) NAAQS.

DATES: Comments must be received on or before February 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0597, 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 the disclosure of which is

[[Page 3102]]

restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit, 
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave, Seattle, WA 98101; telephone number: (206) 
553-6357; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Infrastructure Elements
III. EPA Approach To Review of Infrastructure SIP Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review

I. Background

    On July 18, 1997, the EPA promulgated a new 24-hour and a new 
annual NAAQS for fine particulate matter (PM2.5) (62 FR 
38652). Subsequently, on October 17, 2006, the EPA tightened the 24-
hour PM2.5 NAAQS from 65 micrograms per cubic meter 
([micro]g/m\3\) to 35 [micro]g/m\3\, and retained the annual 
PM2.5 standard at 15 [micro]g/m\3\ (71 FR 61144). More 
recently, on December 14, 2012, the EPA lowered the level of the 
primary annual PM2.5 NAAQS to 12 [mu]g/m\3\ and retained the 
remaining particulate matter standards (January 15, 2013, 78 FR 3086).
    After a new or revised NAAQS is promulgated, the CAA requires 
states to submit infrastructure SIPs to meet basic elements required to 
implement, maintain, and enforce the new or revised NAAQS. On March 10, 
2016, the Alaska Department of Environmental Conservation (ADEC) 
submitted a SIP revision to meet the 2012 PM2.5 NAAQS 
infrastructure requirements, in addition to outstanding 1997 and 2006 
PM2.5 NAAQS infrastructure elements not included in prior 
submissions. Specifically, Alaska's March 10, 2016, submission 
addresses the following infrastructure elements:
     CAA section 110(a)(2)(A) through (M) for the 2012 
PM2.5 NAAQS;
     CAA section 110(a)(2)(G) for the 2006 PM2.5 
NAAQS; and
     CAA section 110(a)(2)(G) for the 1997 PM2.5 
NAAQS.
    We note that Alaska's March 10, 2016, submission addresses other 
program areas, such as regional haze, transportation conformity, and 
nonattainment planning. In this action, we are proposing to approve the 
portion of the March 10, 2016, submission related to PM2.5 
infrastructure requirements only.\1\ We previously approved other 
portions of the submission on August 28, 2017 (82 FR 40712) and 
September 8, 2017 (82 FR 42457), and we intend to address the remainder 
of the submission in separate, future actions.
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    \1\ Consistent with past practice, the EPA intends to act on 
requirements related to the CAA section 110(a)(2)(D)(i)(I) 
interstate transport provisions in a separate action. See 79 FR 
45103 (August 4, 2014).
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II. Infrastructure Elements

    CAA section 110(a)(1) provides the procedure and timing for SIP 
submissions after a new or revised NAAQS is promulgated. CAA section 
110(a)(2) lists specific elements that states must meet related to a 
newly established or revised NAAQS. The EPA has issued guidance to help 
states address these requirements, most recently on September 13, 2013 
(2013 Guidance).\2\ The requirements, with their corresponding CAA 
subsection, are listed below:
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    \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.
---------------------------------------------------------------------------

     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 episodes.
     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 2013 Guidance restated our interpretation that two 
elements are not governed by the three-year submission deadline in CAA 
section 110(a)(1) because SIPs incorporating necessary local 
nonattainment area controls are due on separate schedules, pursuant to 
CAA section 172 and the various pollutant-specific subparts 2 through 5 
of part D. These are submissions required by: (i) 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) CAA section 
110(a)(2)(I). As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). The EPA has also determined that the CAA 
section 110(a)(2)(J) provision on visibility is not 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 proposing to approve Alaska's March 10, 2016, submission 
as meeting certain PM2.5 NAAQS infrastructure requirements. 
Our most recent action on an Alaska infrastructure submission was 
published on May 12, 2017 (82 FR 22081). In the preamble of the action, 
we published a discussion of the EPA's overall approach to review of 
these types of submissions. Please see our July 20, 2016, proposed rule 
for this discussion (81 FR 47103, at page 47104).

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 regulations set forth at 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 
50 Air Quality Control (18 AAC 50). The relevant regulations are listed 
below:
     18 AAC 50.010: Ambient Air Quality Standards.
     18 AAC 50.015: Air Quality Designations, Classifications, 
and Control Regions.

[[Page 3103]]

     18 AAC 50.040: Federal Standards Adopted by Reference.
     18 AAC 50.050: Incinerator Emission Standards.
     18 AAC 50.055: Industrial Processes and Fuel Burning 
Equipment.
     18 AAC 50.065: Open Burning.
     18 AAC 50.070: Marine Vessel Visible Emission Standards.
     18 AAC 50.075: Solid Fuel-Fired Heating Device Visible 
Emission Standards.
     18 AAC 50.076: Solid Fuel-Fired Heating Device Fuel 
Requirements; Registration of Commercial Wood Sellers.
     18 AAC 50.077: Standards for Wood-Fired Heating Devices.
     18 AAC 50.301: Permit Continuity.
     18 AAC 50.302: Construction Permits.
     18 AAC 50.306: Prevention of Significant Deterioration 
(PSD) Permits.
     18 AAC 50.345: Construction, Minor 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.
     18 AAC 50.544: Minor Permits: Content.
     18 AAC 50.546: Minor Permits: Revisions.
     18 AAC 50.560: General Minor Permits.
    EPA analysis: Alaska regulates emissions of PM2.5 (and 
nitrogen oxides (NOX) and sulfur dioxide (SO2) as 
precursors to PM2.5) through its SIP-approved major and 
minor new source review (NSR) permitting programs, and other rules 
described below. The EPA recently approved numerous revisions to the 
Alaska SIP, including updates to 18 AAC 50.010 Ambient Air Quality 
Standards to reflect the most recent NAAQS revisions--the 2012 
PM2.5 and 2015 ozone NAAQS (82 FR 42457, September 8, 2017; 
82 FR 40712, August 28, 2017). As a result, Alaska's ambient air 
quality standards in 18 AAC 50.010 are up-to-date with current NAAQS.
    Alaska has no areas designated nonattainment for the 2012 
PM2.5 NAAQS. We note, however, that 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 rules on August 28, 2017 (82 FR 40712). 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 
28, 2015.
    Alaska regulates minor stationary sources of PM2.5 and 
precursors through its federally-approved minor NSR permitting program. 
Alaska's minor NSR 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 since then. The EPA most 
recently approved substantive revisions to the Alaska minor NSR rules 
on September 19, 2014 (79 FR 56268) and August 28, 2017 (82 FR 40712).
    In addition to permitting requirements, Alaska's SIP contains rules 
that limit particulate matter emissions. These controls include 
incinerator emission standards, emission limits for specific industrial 
processes and fuel burning equipment, open burning restrictions, 
visible emission limits on marine vessel emissions, and requirements 
for installing and operating solid fuel-fired devices. Therefore, we 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(A) for the 2012 PM2.5 NAAQS.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for the 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. 
Alaska Statutes (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, adopted by reference into the State Air Quality Control Plan 
at 18 AAC 50.030(4). 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 the 
adoption of the federal reference and interpretation methods for 
PM2.5. These methods are used by ADEC in its ambient air 
quality monitoring program to determine compliance with the standards.
    EPA analysis: A comprehensive air quality monitoring plan to meet 
CAA monitoring requirements was originally submitted by Alaska on 
January 18, 1980 (40 CFR 52.70) and approved by the EPA on April 15, 
1981 (46 FR 21994). The plan includes statutory and regulatory 
authority to establish and operate an air quality monitoring network, 
including PM2.5 monitoring. Alaska's SIP-approved 
regulations in 18 AAC 50 Article 2 govern source-specific monitoring 
and emissions testing for PM2.5 in accordance with federal 
reference methods. Alaska regularly assesses the adequacy of the state 
monitoring network and submits that assessment to the EPA for review. 
In practice, Alaska operates a comprehensive PM2.5 
monitoring network, compiles and analyzes collected data, and submits 
the data to the EPA's Air Quality System on a quarterly basis. We are 
therefore proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(B) for the 2012 PM2.5 
NAAQS.

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: With respect to enforcement, 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

[[Page 3104]]

criminal penalties (AS 46.03.790 Criminal penalties). In addition, the 
submission references compliance order and enforcement proceeding 
provisions found at 18 AAC Chapter 95 Administrative Enforcement.
    With respect to construction of new and modified stationary 
sources, the submission points to ADEC's statutory authority 
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 
originally approved by the EPA on February 16, 1995 (60 FR 8943), and 
revisions to the program were approved in 2007, 2011, and 2015. 
Alaska's regulations for construction of new and modified major sources 
in attainment and unclassifiable areas (PSD) are found at 18 AAC 
50.306, and those for nonattainment areas (nonattainment NSR) are found 
at 18 AAC 50.311. Minor stationary sources are permitted via minor NSR 
regulations in 18 AAC 50 Article 5.
    EPA analysis: 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 2012 PM2.5 NAAQS.
    To generally meet the requirements of CAA section 110(a)(2)(C) for 
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 2012 PM2.5 
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.
    For the PSD portion of element 110(a)(2)(C) (as well as for the PSD 
portions of elements (D)(i)(II) and (J)) the EPA interprets the CAA to 
require an infrastructure submission that demonstrates a complete PSD 
permitting program meeting current requirements for all regulated NSR 
pollutants. Alaska has a SIP-approved PSD program that incorporates by 
reference certain federal PSD program requirements at 40 CFR 52.21 and 
40 CFR 51.166. We most recently approved updates to the program on 
August 28, 2017 (82 FR 40712). The Alaska PSD rules meet current 
requirements for all regulated NSR pollutants--we are therefore 
proposing to approve element 110(a)(2)(C) for PSD.
    Turning to the minor NSR requirement, the EPA originally approved 
Alaska's minor NSR program into the SIP on July 5, 1983 as meeting 
federal minor NSR requirements at 40 CFR 51.160 through 40 CFR 51.164 
(48 FR 30623). Over the years, we have approved revisions to the 
program as consistent with the CAA and federal minor NSR requirements, 
most recently on August 28, 2017 (82 FR 40712). We have determined that 
the program regulates construction of new and modified minor sources 
for purposes of the 2012 PM2.5 NAAQS consistent with CAA 
requirements. Therefore, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(C) for the 2012 
PM2.5 NAAQS.

110(a)(2)(D)(i): 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)).
    State submission: Alaska's March 10, 2016, submission addresses 
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, however, we 
intend to evaluate the requirement in a separate, future action. 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). As 
noted above for section 110(a)(2)(C), Alaska's SIP-approved PSD 
program, last revised on August 28, 2017, incorporates by reference 
current federal PSD requirements (82 FR 40712). We are therefore 
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 2012 
PM2.5 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, submitted on March 
29, 2011, and approved by the EPA on February 14, 2013 (78 FR 10546). 
The EPA believes, as noted in the 2013 Guidance, that with respect to 
the 110(a)(2)(D)(i)(II), 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 for the visibility 
sub-element. 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 2012 PM2.5 NAAQS (prong 4).

110(a)(2)(D)(ii): Interstate and International Transport Provisions

    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source, 
and specifies how a state may petition the EPA when a major source or 
group of stationary sources in a state is thought to contribute to 
certain pollution problems in another state. CAA section 115 governs 
the process for addressing air pollutants emitted in the United States 
that cause or contribute to air pollution that may reasonably be 
anticipated to endanger public health or welfare in a foreign country.
    State submission: The submission references Alaska's SIP-approved 
PSD program and certifies that Alaska has no pending obligations under 
CAA section 115 or 126.
    EPA analysis: At 18 AAC 50.306(b), Alaska's PSD program 
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

[[Page 3105]]

the emissions of sources subject to PSD. As a result, Alaska's PSD 
regulations provide for notice consistent with CAA section 126(a) and 
federal requirements. We confirm that Alaska 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 2012 PM2.5 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 asserts 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), 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. These regulations were previously adopted and 
approved into the SIP. 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 with the Alaska Public Offices Commission (APOC). 
These disclosures are publically available through APOC's Anchorage 
office.
    With respect to CAA section 110(a)(2)(E)(iii) and assurances that 
the state has responsibility for ensuring adequate implementation of 
the plan where the state has relied on local or regional government 
agencies, the submission references statutory authority and 
requirements for establishing local air pollution control programs 
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, Fairbanks 
North Star Borough, 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 
Municipality of Anchorage and Fairbanks North Star Borough that allows 
the local entities to operate air quality control programs in their 
respective jurisdictions. The South Central Clean Air Authority has 
been established to aid the Municipality of Anchorage 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.
    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 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, we are 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 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 
2012 PM2.5 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 in AS 46.14 Air Quality Control 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 (18 AAC 50.200) and ambient air 
quality investigations (18 AAC 50.201). Monitoring protocols and test 
methods for stationary sources are adopted by reference, including the 
federal reference and interpretation methods for PM2.5. 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.
    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 information requests 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 periodic 
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. 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

[[Page 3106]]

Inventory System. As required, Alaska reports 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. The EPA compiles the emissions 
data, supplementing it where necessary, and releases it to the general 
public through the website 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 2012 PM2.5 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 implement the emergency 
episode provisions in their SIPs.
    State submission: We note that Alaska's submission addresses not 
only the 2012 PM2.5 NAAQS for this element, but also the 
1997 and 2006 PM2.5 NAAQS. Alaska cites statutory authority 
including 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 references 18 AAC 
50.246 Air Quality Episodes and Advisories for PM2.5 which authorizes 
ADEC to declare an air alert, air warning, or air advisory to notify 
the public and prescribe and publicize curtailment action, including 
restrictions on open burning under 18 AAC 50.065 and limits on visible 
emissions from solid fuel-fired heating devices under 18 AAC 50.075. 
The submission states that ADEC has also worked with the Fairbanks 
North Star Borough (FNSB) to develop an emergency episode plan for 
PM2.5 applicable in the FNSB area. This plan was adopted 
into the state plan at 18 AAC 50.030.
    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. We also find that Alaska's emergency 
episode rule at 18 AAC 50.246 Air Quality Episodes and Advisories for 
PM2.5, in conjunction with 18 AAC 50.065 Open Burning and 18 AAC 50.075 
Solid Fuel-Fired Device Visible Emission Standards, most recently 
approved by the EPA on September 8, 2017 (82 FR 40712), are consistent 
with the requirements of 40 CFR part 51 subpart H for PM2.5 
(prevention of air pollution emergency episodes, sections 51.150 
through 51.153). 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 1997, 2006, and 2012 PM2.5 NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
the plan (i) from time to time as may be necessary to take account of 
revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds 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.
    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 changes to the NAAQS and other 
requirements. We have taken action on revisions to the Alaska SIP on 
many occasions in the past, most recently on September 8, 2017 (82 FR 
42457), August 28, 2017 (82 FR 40712), May 19, 2016 (81 FR 31511), 
March 18, 2015 (80 FR 14038), and September 19, 2014 (79 FR 56268). We 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(H) for the 2012 PM2.5 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 due on a different timeline, pursuant 
to section 172 and the various pollutant specific subparts 2 through 5 
of part D. As a result, this action does not address 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 with 
respect to 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 program 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 as per AS 46.14.010 Emission control regulations, 
paragraph (a). In addition, the submission notes that public notice and 
public hearing regulations for SIP submission 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.
    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 updates to the Alaska PSD program on August 28, 
2017 (82 FR 40712). In addition, we most recently approved the Alaska 
rules that define transportation conformity consultation on September 
8, 2015 (80 FR 53735) and regional haze interagency planning on 
February 14, 2013, (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

[[Page 3107]]

related to permitting actions. Alaska regularly 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, whose purpose is 
to understand current and evolving regional air quality issues 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 2012 PM2.5 NAAQS.
    Section 110(a)(2)(J) also requires the public to 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 website, 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 on its website. We 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(J) for public notification for the 2012 
PM2.5 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) and permitting. The EPA most recently approved updates to 
Alaska's PSD program on August 28, 2017 (82 FR 40712). As discussed in 
section 110(a)(2)(C), the program meets current federal requirements. 
Therefore, we are proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(J) for PSD for the 2012 
PM2.5 NAAQS.
    With respect to visibility protection under element (J), 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 2012 
PM2.5 NAAQS.

110(a)(2)(K): Air Quality Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of 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 NAAQS, 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 August 28, 2017, we approved revisions to 18 AAC 
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal 
Standards Adopted by Reference (82 FR 40712). 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, 2015. Therefore, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(K) for the 2012 
PM2.5 NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) directs 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). 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 title V 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 SIP-approved regulations at 18 AAC 50.306(d)(2) 
and 18 AAC 50.311(d)(2) require fees for purposes of major new source 
permitting as specified in 18 AAC 50.400 through 18 AAC 50.499. 
Therefore, we are proposing to conclude that Alaska has satisfied the 
requirements of CAA section 110(a)(2)(L) for the 2012 PM2.5 
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 asserts 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.
    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 2012 PM2.5 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 2012 
PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 
(H), (J), (K), (L), and (M). We are also proposing to approve the 
Alaska SIP as meeting CAA section 110(a)(2)(G) for the 1997, 2006, and 
2012 PM2.5 NAAQS.

[[Page 3108]]

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

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: January 11, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-01165 Filed 1-22-18; 8:45 am]
 BILLING CODE 6560-50-P