Air Plan Approval; Alaska; Interstate Transport Requirements for the 2012 PM2.5, 19191-19193 [2018-09319]
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
coordinate protest activities so that your
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V. Public Participation and Request for
Comments
We view public participation as
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will consider all comments and material
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Your comment can help shape the
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indicate the specific section of this
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applies, and provide a reason for each
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in the FOR FURTHER INFORMATION
CONTACT section of this document for
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0286 to read as
follows:
■
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§ 165.T05–0286 Safety Zone; Safety Zone;
Fireworks, Delaware River, Philadelphia PA.
(a) Location. The following area is a
safety zone: All navigable waters of
Delaware River, adjacent to Penn’s
Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on
the south by a line running east to west
from points along the shoreline
commencing at latitude 39°56′31.2″ N,
longitude 075°08′28.1″ W; thence
westward to latitude 39°56′29.1″ N,
longitude 075°07′56.5″ W, and bounded
on the north by the Benjamin Franklin
Bridge where it crosses the Delaware
River. These coordinates are based on
the 1984 World Geodedic System (WGS
84).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port, Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
period(s).
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately 8
p.m. to 11 p.m. on nights on which
fireworks are being displayed from a
barge beginning May 24 through May
27, 2018. Starting and ending times for
the enforcement of the safety zone will
be broadcast via Broadcast Notice to
Mariners and published in the weekly
Local Notice to Mariners.
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19191
Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–09233 Filed 5–1–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0745; FRL–9977–
43—Region 10]
Air Plan Approval; Alaska; Interstate
Transport Requirements for the 2012
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
other states. On March 10, 2016, the
State of Alaska made a submission to
the Environmental Protection Agency
(EPA) to address these requirements.
The EPA is proposing to approve the
submission as meeting the requirement
that each SIP contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the 2012 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS).
SUMMARY:
Comments must be received on
or before June 1, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0745 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
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
DATES:
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19192
Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
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.
Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave, Suite 900, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. This supplementary
information section is arranged as
follows:
Table of Contents
I. What is the background of this SIP
submission?
II. What guidance is the EPA using to
evaluate this SIP submission?
III. EPA’s review
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
daltland on DSKBBV9HB2PROD with PROPOSALS
I. What is the background of this SIP
submission?
This rulemaking addresses a
submission from the Alaska Department
of Environmental Conservation (ADEC),
describing its infrastructure SIP for the
2012 annual PM2.5 NAAQS, submitted
March 10, 2016. Specifically, this
rulemaking addresses the portion of the
submission dealing with interstate
pollution transport under CAA section
110(a)(2)(D)(i)(I), otherwise known as
the ‘‘good neighbor’’ provision. The
requirement for states to make a SIP
submission of this type arises from
section 110(a)(1) of the CAA. Pursuant
to section 110(a)(1), states must submit
‘‘within 3 years (or such shorter period
as the Administrator may prescribe)
after the promulgation of a national
primary ambient air quality standard (or
any revision thereof),’’ a plan that
provides for the ‘‘implementation,
maintenance, and enforcement’’ of such
NAAQS. The statute directly imposes
on states the duty to make these SIP
submissions, and the requirement to
make the submissions is not
conditioned upon the EPA taking any
action other than promulgating a new or
revised NAAQS. Section 110(a)(2)
includes a list of specific elements that
‘‘[e]ach such plan’’ submission must
address. The EPA commonly refers to
such state plans as ‘‘infrastructure
SIPs.’’
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II. What guidance is the EPA using to
evaluate this SIP submission?
The EPA highlighted the statutory
requirement to submit infrastructure
SIPs within 3 years of promulgation of
a new NAAQS in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ (2007
guidance). The most recent relevant
document was a memorandum
published on March 17, 2016, titled
‘‘Information on the Interstate Transport
‘‘Good Neighbor’’ Provision for the 2012
Fine Particulate Matter National
Ambient Air Quality Standards under
Clean Air Act Section 110(a)(2)(D)(i)(I)’’
(memorandum). The memorandum
describes the EPA’s past approach to
addressing interstate transport, and
provides the EPA’s general review of
relevant modeling data and air quality
projections as they relate to the 2012
annual PM2.5 NAAQS. The
memorandum provides information
relevant to the EPA Regional office
review of the CAA section
110(a)(2)(D)(i)(I) ‘‘good neighbor’’
provision in infrastructure SIPs with
respect to the 2012 annual PM2.5
NAAQS. This rulemaking considers
information provided in that
memorandum.
The memorandum also provides
states and the EPA Regional offices with
future year annual PM2.5 design values
for monitors in the United States based
on quality assured and certified ambient
monitoring data and air quality
modeling. The memorandum further
describes how these projected potential
design values can be used to help
determine which monitors should be
further evaluated to potentially address
whether emissions from other states
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 annual PM2.5
NAAQS at those sites. The
memorandum explains that the
pertinent year for evaluating air quality
for purposes of addressing interstate
transport for the 2012 PM2.5 NAAQS is
2021, the attainment deadline for 2012
PM2.5 NAAQS nonattainment areas
classified as Moderate.
Based on this approach, the potential
receptors are outlined in the
memorandum. Most of the potential
receptors are in California, located in
the San Joaquin Valley or South Coast
nonattainment areas. However, there is
also one potential receptor in Shoshone
County, Idaho, and one potential
receptor in Allegheny County,
Pennsylvania. The memorandum also
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
indicates that for certain states with
incomplete ambient monitoring data,
additional information including the
latest available data, should be analyzed
to determine whether there are potential
downwind air quality problems that
may be impacted by transported
emissions.
This rulemaking considers analysis in
Alaska’s submission, as well as
additional analysis conducted by the
EPA during review of its submission.
For more information on how we
conducted our analysis, please see the
technical support document (TSD)
included in the docket for this action.
III. EPA’s Review
This rulemaking proposes action on
the portion of Alaska’s March 10, 2016,
SIP submission addressing the good
neighbor provision requirements of
CAA section 110(a)(2)(D)(i)(I). State
plans must address specific
requirements of the good neighbor
provisions (commonly referred to as
‘‘prongs’’), including:
—Prohibiting any source or other type
of emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in
another state (prong one); and
—Prohibiting any source or other type
of emissions activity in one state from
interfering with maintenance of the
NAAQS in another state (prong two).
The EPA has developed a consistent
framework for addressing the prong one
and two interstate transport
requirements with respect to the PM2.5
NAAQS in several previous federal
rulemakings. The four basic steps of that
framework include: (1) Identifying
downwind receptors that are expected
to have problems attaining or
maintaining the relevant NAAQS; (2)
identifying which upwind states
contribute to these identified problems
in amounts sufficient to warrant further
review and analysis; (3) for states
identified as contributing to downwind
air quality problems, identifying
upwind emissions reductions necessary
to prevent an upwind state from
significantly contributing to
nonattainment or interfering with
maintenance of the relevant NAAQS
downwind; and (4) for states that are
found to have emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the relevant NAAQS
downwind, reducing the identified
upwind emissions through adoption of
permanent and enforceable measures.
This framework was most recently
applied with respect to PM2.5 in the
Cross-State Air Pollution Rule (CSAPR),
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
designed to address both the 1997 and
2006 PM2.5 standards, as well as the
1997 ozone standard.1
ADEC’s submission focused mainly
on emissions inventories, geographic
factors, and prevailing meteorological
conditions to demonstrate that sources
in Alaska are unlikely to significantly
contribute to nonattainment or interfere
with maintenance of the NAAQS in
other states. ADEC evaluated emissions
inventories by source category for direct
PM2.5, as well as the precursors nitrogen
oxides (NOX) and sulfur dioxide (SO2).
ADEC noted that emissions of NOX in
Alaska are small in comparison to
national levels. Data from the 2011
National Emissions Inventory (NEI)
presented in the submission show that
total NOX emissions in Alaska are
approximately 0.9 percent of national
emissions. Similarly, data from the 2011
NEI show that total SO2 emissions in
Alaska are approximately 0.4 percent of
national emissions. With respect to
direct PM2.5, ADEC noted that
anthropogenic sources account for only
9 percent of Alaskan emissions, with the
majority of PM2.5 emissions occurring
due to natural wildfires. ADEC also
highlighted the fact that approximately
600 miles of mountainous terrain in
Canada’s Province of British Columbia
separate the southeastern border of
Alaska from the nearest state,
Washington. The highest emissions of
regulated air pollutants occur even
further away from the contiguous 48
states in the Municipality of Anchorage
(1,435 miles from Seattle, WA) and the
Fairbanks North Star Borough (2,244
miles from Seattle, WA). Lastly, ADEC
stated that weather patterns make long
range transport of air pollutants from
Alaska to the 48 contiguous states, and
Hawaii, unlikely. Wind patterns
emanate from the western Gulf of
Alaska and travel inland towards the
east into Northern Canada. For these
reasons, ADEC concluded that Alaska
does not contribute to nonattainment or
interfere with maintenance of the 2012
PM2.5 NAAQS in any other state.
Alaska developed and submitted its
technical analysis before March 17,
2016, when, as discussed earlier, the
EPA released a memorandum with
updated modeling projections for 2017
and 2025 annual PM2.5 design values
meant to assist states in development of
2012 PM2.5 NAAQS interstate transport
SIPs. As discussed in the TSD for this
action, we used the information in the
1 Alaska
was not part of the CSAPR rulemaking.
The EPA approved the Alaska SIP as meeting the
CAA section 110(a)(2)(D)(i)(I) requirements for the
1997 ozone and 1997 PM2.5 NAAQS on October 15,
2008 (73 FR 60955) and the 2006 PM2.5 NAAQS on
August 4, 2014 (79 FR 45103).
VerDate Sep<11>2014
16:31 May 01, 2018
Jkt 244001
2016 memorandum and supplemental
information, as discussed below, and
came to the same conclusion as the
state. It is reasonable to conclude that
emissions from Alaska do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state.
In our evaluation, potential
downwind nonattainment and
maintenance receptors were identified
in other states. EPA evaluated these
potential receptors to determine first if,
based on review of relevant data and
other information, there would be
downwind nonattainment or
maintenance problems, and if so,
whether Alaska is likely to contribute to
such problems in these areas. After
reviewing air quality reports, modeling
results, designation letters, designation
technical support documents,
attainment plans and other information
for these areas, we are proposing to
approve the Alaska SIP as meeting CAA
section 110(a)(2)(i)(I) interstate transport
requirements for the 2012 PM2.5
NAAQS.
IV. What action is EPA taking?
The EPA is proposing to approve a
portion of Alaska’s March 10, 2016,
submission certifying that the current
Alaska SIP is sufficient to meet the
interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as set
forth above. The EPA is requesting
comments on the proposed approval.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
19193
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
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: April 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–09319 Filed 5–1–18; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19191-19193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09319]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0745; FRL-9977-43--Region 10]
Air Plan Approval; Alaska; Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting emissions that
will have certain adverse air quality effects in other states. On March
10, 2016, the State of Alaska made a submission to the Environmental
Protection Agency (EPA) to address these requirements. The EPA is
proposing to approve the submission as meeting the requirement that
each SIP contain adequate provisions to prohibit emissions that will
contribute significantly to nonattainment or interfere with maintenance
of the 2012 annual fine particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS).
DATES: Comments must be received on or before June 1, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0745 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 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
[[Page 19192]]
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: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206)
553-0256; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
Table of Contents
I. What is the background of this SIP submission?
II. What guidance is the EPA using to evaluate this SIP submission?
III. EPA's review
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
This rulemaking addresses a submission from the Alaska Department
of Environmental Conservation (ADEC), describing its infrastructure SIP
for the 2012 annual PM2.5 NAAQS, submitted March 10, 2016.
Specifically, this rulemaking addresses the portion of the submission
dealing with interstate pollution transport under CAA section
110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor'' provision.
The requirement for states to make a SIP submission of this type arises
from section 110(a)(1) of the CAA. Pursuant to section 110(a)(1),
states must submit ``within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' a
plan that provides for the ``implementation, maintenance, and
enforcement'' of such NAAQS. The statute directly imposes on states the
duty to make these SIP submissions, and the requirement to make the
submissions is not conditioned upon the EPA taking any action other
than promulgating a new or revised NAAQS. Section 110(a)(2) includes a
list of specific elements that ``[e]ach such plan'' submission must
address. The EPA commonly refers to such state plans as
``infrastructure SIPs.''
II. What guidance is the EPA using to evaluate this SIP submission?
The EPA highlighted the statutory requirement to submit
infrastructure SIPs within 3 years of promulgation of a new NAAQS in an
October 2, 2007, guidance document entitled ``Guidance on SIP Elements
Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007
guidance). The most recent relevant document was a memorandum published
on March 17, 2016, titled ``Information on the Interstate Transport
``Good Neighbor'' Provision for the 2012 Fine Particulate Matter
National Ambient Air Quality Standards under Clean Air Act Section
110(a)(2)(D)(i)(I)'' (memorandum). The memorandum describes the EPA's
past approach to addressing interstate transport, and provides the
EPA's general review of relevant modeling data and air quality
projections as they relate to the 2012 annual PM2.5 NAAQS.
The memorandum provides information relevant to the EPA Regional office
review of the CAA section 110(a)(2)(D)(i)(I) ``good neighbor''
provision in infrastructure SIPs with respect to the 2012 annual
PM2.5 NAAQS. This rulemaking considers information provided
in that memorandum.
The memorandum also provides states and the EPA Regional offices
with future year annual PM2.5 design values for monitors in
the United States based on quality assured and certified ambient
monitoring data and air quality modeling. The memorandum further
describes how these projected potential design values can be used to
help determine which monitors should be further evaluated to
potentially address whether emissions from other states significantly
contribute to nonattainment or interfere with maintenance of the 2012
annual PM2.5 NAAQS at those sites. The memorandum explains
that the pertinent year for evaluating air quality for purposes of
addressing interstate transport for the 2012 PM2.5 NAAQS is
2021, the attainment deadline for 2012 PM2.5 NAAQS
nonattainment areas classified as Moderate.
Based on this approach, the potential receptors are outlined in the
memorandum. Most of the potential receptors are in California, located
in the San Joaquin Valley or South Coast nonattainment areas. However,
there is also one potential receptor in Shoshone County, Idaho, and one
potential receptor in Allegheny County, Pennsylvania. The memorandum
also indicates that for certain states with incomplete ambient
monitoring data, additional information including the latest available
data, should be analyzed to determine whether there are potential
downwind air quality problems that may be impacted by transported
emissions.
This rulemaking considers analysis in Alaska's submission, as well
as additional analysis conducted by the EPA during review of its
submission. For more information on how we conducted our analysis,
please see the technical support document (TSD) included in the docket
for this action.
III. EPA's Review
This rulemaking proposes action on the portion of Alaska's March
10, 2016, SIP submission addressing the good neighbor provision
requirements of CAA section 110(a)(2)(D)(i)(I). State plans must
address specific requirements of the good neighbor provisions (commonly
referred to as ``prongs''), including:
--Prohibiting any source or other type of emissions activity in one
state from contributing significantly to nonattainment of the NAAQS in
another state (prong one); and
--Prohibiting any source or other type of emissions activity in one
state from interfering with maintenance of the NAAQS in another state
(prong two).
The EPA has developed a consistent framework for addressing the
prong one and two interstate transport requirements with respect to the
PM2.5 NAAQS in several previous federal rulemakings. The
four basic steps of that framework include: (1) Identifying downwind
receptors that are expected to have problems attaining or maintaining
the relevant NAAQS; (2) identifying which upwind states contribute to
these identified problems in amounts sufficient to warrant further
review and analysis; (3) for states identified as contributing to
downwind air quality problems, identifying upwind emissions reductions
necessary to prevent an upwind state from significantly contributing to
nonattainment or interfering with maintenance of the relevant NAAQS
downwind; and (4) for states that are found to have emissions that
significantly contribute to nonattainment or interfere with maintenance
of the relevant NAAQS downwind, reducing the identified upwind
emissions through adoption of permanent and enforceable measures. This
framework was most recently applied with respect to PM2.5 in
the Cross-State Air Pollution Rule (CSAPR),
[[Page 19193]]
designed to address both the 1997 and 2006 PM2.5 standards,
as well as the 1997 ozone standard.\1\
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\1\ Alaska was not part of the CSAPR rulemaking. The EPA
approved the Alaska SIP as meeting the CAA section
110(a)(2)(D)(i)(I) requirements for the 1997 ozone and 1997
PM2.5 NAAQS on October 15, 2008 (73 FR 60955) and the
2006 PM2.5 NAAQS on August 4, 2014 (79 FR 45103).
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ADEC's submission focused mainly on emissions inventories,
geographic factors, and prevailing meteorological conditions to
demonstrate that sources in Alaska are unlikely to significantly
contribute to nonattainment or interfere with maintenance of the NAAQS
in other states. ADEC evaluated emissions inventories by source
category for direct PM2.5, as well as the precursors
nitrogen oxides (NOX) and sulfur dioxide (SO2).
ADEC noted that emissions of NOX in Alaska are small in
comparison to national levels. Data from the 2011 National Emissions
Inventory (NEI) presented in the submission show that total
NOX emissions in Alaska are approximately 0.9 percent of
national emissions. Similarly, data from the 2011 NEI show that total
SO2 emissions in Alaska are approximately 0.4 percent of
national emissions. With respect to direct PM2.5, ADEC noted
that anthropogenic sources account for only 9 percent of Alaskan
emissions, with the majority of PM2.5 emissions occurring
due to natural wildfires. ADEC also highlighted the fact that
approximately 600 miles of mountainous terrain in Canada's Province of
British Columbia separate the southeastern border of Alaska from the
nearest state, Washington. The highest emissions of regulated air
pollutants occur even further away from the contiguous 48 states in the
Municipality of Anchorage (1,435 miles from Seattle, WA) and the
Fairbanks North Star Borough (2,244 miles from Seattle, WA). Lastly,
ADEC stated that weather patterns make long range transport of air
pollutants from Alaska to the 48 contiguous states, and Hawaii,
unlikely. Wind patterns emanate from the western Gulf of Alaska and
travel inland towards the east into Northern Canada. For these reasons,
ADEC concluded that Alaska does not contribute to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state.
Alaska developed and submitted its technical analysis before March
17, 2016, when, as discussed earlier, the EPA released a memorandum
with updated modeling projections for 2017 and 2025 annual
PM2.5 design values meant to assist states in development of
2012 PM2.5 NAAQS interstate transport SIPs. As discussed in
the TSD for this action, we used the information in the 2016 memorandum
and supplemental information, as discussed below, and came to the same
conclusion as the state. It is reasonable to conclude that emissions
from Alaska do not significantly contribute to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state.
In our evaluation, potential downwind nonattainment and maintenance
receptors were identified in other states. EPA evaluated these
potential receptors to determine first if, based on review of relevant
data and other information, there would be downwind nonattainment or
maintenance problems, and if so, whether Alaska is likely to contribute
to such problems in these areas. After reviewing air quality reports,
modeling results, designation letters, designation technical support
documents, attainment plans and other information for these areas, we
are proposing to approve the Alaska SIP as meeting CAA section
110(a)(2)(i)(I) interstate transport requirements for the 2012
PM2.5 NAAQS.
IV. What action is EPA taking?
The EPA is proposing to approve a portion of Alaska's March 10,
2016, submission certifying that the current Alaska SIP is sufficient
to meet the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth
above. The EPA is requesting comments on the proposed approval.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-09319 Filed 5-1-18; 8:45 am]
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