[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11497-11500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04753]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0353, FRL-9943-24-Region 10]


Approval and Promulgation of Implementation Plans; Alaska: 
Updates to Incorporation by Reference and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
certain State Implementation Plan revisions submitted by Alaska on May 
12, 2015. The revisions updated the incorporation by reference of 
certain Federal provisions, revised rules to reflect changes to Federal 
permitting requirements and the 2013 redesignation of the Mendenhall 
Valley area of Juneau, and made minor clarifications. We note that the 
May 12, 2015 submission also addressed transportation conformity and 
infrastructure requirements. These requirements are not being addressed 
in this action. We approved the transportation conformity revisions in 
a previous action on September 8, 2015 and we intend to address the 
infrastructure requirements in a separate, future action.

DATES: Comments must be received on or before April 4, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0353, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from http://www.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 additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit

[[Page 11498]]

http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov or in hard copy during normal business hours 
at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth 
Avenue, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357 or 
[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. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality requirements to the EPA for approval into 
the State Implementation Plan (SIP). The SIP is a state's plan to 
implement, maintain and enforce the National Ambient Air Quality 
Standards (NAAQS) set by the EPA. Alaska's air quality regulations are 
set forth at Alaska Administrative Code Title 18 Environmental 
Conservation, Chapter 50 Air Quality Control (18 AAC 50). Alaska 
regularly revises these and other rules to implement, maintain and 
enforce the standards.
    We note that Alaska incorporates by reference portions of certain 
Federal regulations directly into the Alaska SIP. Alaska generally 
submits an annual update to the EPA to ensure that its rules stay 
consistent with Federal requirements. On May 12, 2015, Alaska submitted 
such an update, and included other revisions to account for changes to 
Federal permitting rules and the 2013 redesignation of the Mendenhall 
Valley area of Juneau. Alaska also included some minor rule 
clarifications and edits.
    We note that the May 12, 2015 submission also addressed 
transportation conformity and infrastructure-related requirements. 
These requirements are not being addressed in this action. We 
previously approved the transportation conformity revisions on 
September 8, 2015 (80 FR 53735). We intend to address the 
infrastructure requirements in a separate, future action.

II. Analysis of Rule Updates

Ambient Air Quality Standards--18 AAC 50.010

    In the Ambient Air Quality Standards rule section, Alaska revised 
paragraph (1)(A) to reference the appropriate Federal interpretation 
method for determining compliance with the 24-hour standard for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers (PM10). The interpretation method is 
specified at 40 CFR part 50, Appendix K, and Alaska incorporates this 
provision by reference into the Alaska SIP at 18 AAC 50.035(b). We are 
proposing to approve this revision.
    We note that, consistent with our September 19, 2014 action, we are 
not approving paragraphs (7) and (8) of this section, which establish 
state ambient air quality standards for reduced sulfur compounds and 
ammonia (79 FR 56268). These are not NAAQS established under section 
109 of the CAA and Alaska has not relied on these provisions to 
demonstrate attainment or maintenance of the NAAQS or to meet other 
specific requirements of section 110 of the CAA.

Air Quality Designations--18 AAC 50.015

    Alaska revised paragraphs (b)(2) and (e) of the Air Quality 
Designations, Classifications, and Control Regions rule section to 
reflect the redesignation of the Mendenhall Valley area of Juneau to 
attainment for the 24-hour PM10 NAAQS. The EPA approved 
Alaska's maintenance plan and request to redesignate the area on May 9, 
2013 (78 FR 27071). We are proposing to approve the update to this rule 
section to reflect the redesignation.

Baseline Dates and Maximum Allowable Increases--18 AAC 50.020

    Alaska updated Table 2 in paragraph (a) of the Baseline Dates and 
Maximum Allowable Increases rule section to set the minor source 
baseline date for fine particulate matter (PM2.5) for the 
Northern Alaska Intrastate Air Quality Control Region. This baseline 
date is calculated based on a trigger date set in Federal major source 
permitting regulations. The baseline date is calculated as the date on 
which the first complete Prevention of Significant Deterioration (PSD) 
permit application is received after the EPA trigger date--which for 
PM2.5 is October 20, 2011. For this region of Alaska, the 
minor source baseline date is November 2, 2012. Emission changes at 
sources after this date consume the PM2.5 PSD increment. We 
are proposing to approve this rule revision.

Documents, Procedures and Methods Adopted by Reference--18 AAC 50.035

    Alaska submitted revisions to paragraphs (a) and (b) of the 
Documents, Procedures and Methods Adopted by Reference rule section to 
include the Quality Assurance Handbook for Air Pollutant Measurement 
Systems and the Federal reference method for measuring carbon monoxide 
in ambient air. Alaska also repealed the section's reference to a 
Federal monitoring provision that was likewise repealed. The revisions 
update the incorporation by reference of specific Federal procedures 
and methods into the Alaska SIP, as of February 27, 2014. We are 
proposing to approve the submitted revisions.
    We note that, consistent with our September 19, 2014 action, we are 
not approving paragraph (a)(6) of this rule section because the 
provision implements requirements of title V of the CAA and not 
requirements of section 110 of title I of the CAA. We are also not 
approving paragraph (b)(4) which specifies test methods related to 40 
CFR part 63 because it is not related to attainment or maintenance of 
the NAAQS or other specific requirements of section 110 of the CAA (79 
FR 56268).

Federal Standards Adopted by Reference--18 AAC 50.040

    Alaska submitted revisions to paragraphs (f) and (h) of the Federal 
Standards Adopted by Reference rule section to update the citation 
dates for the adoption by reference of the Federal Guideline on Air 
Quality Models at paragraph (f) and the Federal PSD permitting 
requirements at paragraph (h). We are proposing to approve the changes 
to 18 AAC 50.040(f) and (h) because they update the Alaska SIP to 
reflect recent changes to Federal requirements, including the EPA's 
final rule to remove specific screening provisions from PSD regulations 
that were vacated by a court and subsequently repealed by the EPA, as 
discussed below.
    On January 22, 2013, the U.S. Court of Appeals for the District of 
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued 
a judgment that, among other things, vacated the provisions adding the 
PM2.5 Significant Monitoring Concentration (SMC) to the

[[Page 11499]]

Federal regulations, at 40 CFR 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c), that were promulgated as part of the ``Prevention of 
Significant Deterioration (PSD) for Particulate Matter Less than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC); Final Rule,'' 
(75 FR 64864, October 10, 2010) (2010 PSD PM2.5 
Implementation Rule).
    In its decision, the court held that the EPA did not have the 
authority to use SMCs to exempt permit applicants from statutory 
requirements related to PSD. Although the PM2.5 SMC was not 
a required element of a state's PSD program, were a state PSD program 
that contains such a provision to rely on that provision to issue new 
permits without requiring ambient PM2.5 monitoring data, 
such application of the vacated SMC would be inconsistent with the 
court's opinion and the requirements of the CAA.
    This decision also--at the EPA's request--vacated and remanded to 
the EPA for further consideration the portions of the 2010 PSD 
PM2.5 Implementation Rule that revised certain Federal 
regulations related to Significant Impact Levels (SILs) for 
PM2.5. The EPA requested this vacatur and remand of two of 
the three provisions in the EPA regulations that contain SILs for 
PM2.5, because the wording of these two SIL provisions (40 
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with the 
explanation of when and how SILs should be used by permitting 
authorities that we provided in the preamble to the Federal Register 
publication when we promulgated these provisions. The third SIL 
provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect. 
The court's decision does not affect the PSD increments for 
PM2.5 promulgated as part of the 2010 PSD PM2.5 
Implementation Rule.
    The EPA amended its regulations to remove the vacated 
PM2.5 SILs and SMC provisions from PSD regulations on 
December 9, 2013 (78 FR 73698). In addition, the EPA is initiating a 
separate rulemaking regarding the PM2.5 SILs that will 
address the court's remand.
    In the May 12, 2015 submission, Alaska updated the citation date 
for the incorporation by reference of Federal PSD permitting rules to 
December 9, 2013, to capture the EPA's removal of the vacated SILs and 
SMC provisions. In addition, Alaska submitted changes to the Ambient 
Air Quality Analysis Methods rule section at 18 AAC 50.215 to address 
the court vacatur. These changes are discussed below. We are proposing 
to approve the changes to 18 AAC 50.040(h) and 18 AAC 50.215 as being 
consistent with the court decision and revised EPA regulations for the 
PM2.5 SMC and SILs.

Ambient Air Quality Analysis Methods--18 AAC 50.215

    Alaska revised paragraph (a)(3) of the Ambient Air Quality Analysis 
Methods rule section to include a reference to the Quality Assurance 
Project Plan for the State of Alaska Air Monitoring and Quality 
Assurance Program (QAPP) for meteorological data, as adopted by 
reference in 18 AAC 50.030. We are proposing to approve the revision 
because the EPA has reviewed and approved the QAPP through a separate 
quality assurance/quality control review process.
    Alaska revised paragraph (d) of this section, intending to align 
the rule language with the explanation of when and how SILs should be 
used by permitting authorities that the EPA provided in the preamble to 
the Federal Register publication when the provisions were originally 
promulgated (October 20, 2010, 75 FR 64864). Alaska also updated the 
SILs table in paragraph (d), adding SILs for the annual and 24-hour 
PM2.5 NAAQS, and for 1-hour sulfur dioxide (SO2) 
and nitrogen dioxide (NO2) NAAQS. The SILs values in the 
table are consistent with the EPA's implementing regulations at 40 CFR 
51.165(b) and the EPA's NO2 and SO2 guidance and 
recommended interim SILs for the 1-hour NO2 and 1-hour 
SO2 NAAQS. We are proposing to approve the revisions as 
being consistent with the January 22, 2013, court decision vacating the 
PM2.5 SILs and SMC discussed above.
    Consistent with our previous actions on the Alaska SIP, the EPA is 
proposing not to approve paragraph (a)(4), which authorizes the Alaska 
Department of Environmental Conservation to approve any alternative 
method that it determines is ``representative, accurate, verifiable, 
capable of replication.'' In essence, this subparagraph allows the 
department to modify requirements relied on to attain and maintain the 
NAAQS without a SIP revision. For additional discussion, please see the 
technical support documents for our previous actions on September 19, 
2014 (79 FR 56268) and on August 14, 2007 (72 FR 45378). See also 78 FR 
12460, 12485-86 (Feb. 22, 2013).

III. Proposed Action

    We are proposing to approve and incorporate by reference into the 
Alaska SIP the following revised provisions, state effective April 17, 
2015:
     18 AAC 50.010 Ambient Air Quality Standards, except 
paragraphs (7) and (8);
     18 AAC 50.015 Air Quality Designations, Classifications, 
and Control Regions;
     18 AAC 50.020 Baseline Dates and Maximum Allowable 
Increases;
     18 AAC 50.035 Documents, Procedures and Methods Adopted by 
Reference, except paragraphs (a)(6) and (b)(4);
     18 AAC 50.040 Federal Standards Adopted by Reference, 
except (a), (b), (c), (d), (e), (g), (i), (j), and (k); and
     18 AAC 50.215 Ambient Air Quality Analysis Methods, except 
(a)(4).
    We note that we previously approved the submitted rule revisions 
related to transportation conformity at 18 AAC 50.700 through 18 AAC 
50.750 and 18 AAC 50.990 on September 8, 2015 (80 FR 53735).

IV. Incorporation by Reference

    In this rule, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference the provisions described above in Section VI. Proposed 
Action.
    The EPA has made, and will continue to make, these documents 
generally available electronically through http://www.regulations.gov 
and/or in hard copy at the appropriate EPA office (see the ADDRESSES 
section of this preamble for more information).

V. Statutory and Executive 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 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a

[[Page 11500]]

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 as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 17, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-04753 Filed 3-3-16; 8:45 am]
 BILLING CODE 6560-50-P