[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Proposed Rules]
[Pages 27031-27033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12234]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0184, FRL-9963-65-Region 10]


Approval and Promulgation of Implementation Plans; Alaska: 
Adoption Updates and Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
state implementation plan (SIP) revisions submitted by the State of 
Alaska Department of Environmental Conservation (ADEC) on September 15, 
2016. These revisions primarily update adoptions of Federal regulations 
in the Alaska SIP. The revisions also strengthen the State of Alaska's 
(Alaska) minor source permitting requirements and remove obsolete 
source-specific regulations. EPA also proposes to approve SIP revisions 
to Alaska's general and transportation conformity regulations submitted 
by ADEC on March 10, 2016. The EPA is taking action only on the 
conformity related portions of the March 2016 submittal. The other 
portions of the submittal are or will be addressed in separate actions.

DATES: Comments must be received on or before July 13, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0184, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick, Air Planning Unit, 
Office of Air and Waste (OAW-150), Environmental Protection Agency, 
Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone 
number: (206) 553-1999; email address: [email protected].

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

Table of Contents

I. Background
II. EPA Evaluation of Alaska SIP Revisions
    A. Updates to Adoption by Reference
    B. Revisions to Permitting Requirements
    C. Removal of Certain Source-Specific Requirements
    D. Revisions to Ozone Standard
    E. Updates to State General and Transportation Conformity
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality protection requirements to EPA for approval 
into the State Implementation Plan (SIP). The SIP is the state's plan 
to implement, maintain, and enforce National Ambient Air Quality 
Standards (NAAQS) set by EPA. Because Alaska regularly revises its 
state rules, and to ensure they stay consistent with Federal CAA 
requirements, Alaska generally submits an annual update to EPA for 
approval into the SIP.
    On September 15, 2016, ADEC, submitted such an update. The 
submittal contains regulatory updates to the Alaska Administrative Code 
(AAC) with a state effective date of August 20, 2016. These updates to 
AAC Title 18, Environmental Conservation, Chapter 50, Air Quality 
Control (18 AAC 50) reflect updates to the adoption by reference date 
of certain Federal regulations, strengthen minor stationary source 
permitting rules, remove obsolete source-specific regulations, and 
adopt the Federal 2015 ozone NAAQS.
    Transportation conformity is required under section 176(c) of the 
CAA to ensure federally supported highway, transit projects, and other 
activities are consistent with (``conform to'') the purpose of the SIP. 
Transportation conformity currently applies to areas that are 
designated nonattainment, and to areas that have been redesignated to 
attainment after 1990 (maintenance areas) with plans developed under 
section 175A of the CAA for the following transportation-related 
criteria pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide, and nitrogen dioxide. The 
transportation conformity regulation is found in 40 CFR part 93, 
subpart A, and in 40 CFR 51.390.
    On September 27, 1995, the EPA approved the general conformity 
rules in Article 7 of AAC Title 18, Chapter 50 into the Alaska SIP (60 
FR 49765). On December 29, 1999, EPA approved ADEC's transportation 
conformity rules in Article 7 of 18 AAC 50 into the Alaska SIP (64 FR 
72940). On March 10, 2016, ADEC submitted a request to make two 
modifications to the transportation conformity regulations and one 
modification to the general conformity regulations, discussed below.

II. EPA Evaluation of Alaska SIP Revisions

A. Updates to Adoption by Reference

    ADEC revised 18 AAC 50 to update the adoption by reference date of 
certain federal regulations and documents and submitted those changes 
to EPA for approval into the Alaska SIP. ADEC also updated citation 
dates at 18 AAC 50.035(a)(3) to adopt AP-42, Compilation of Air 
Pollutant Emission Factors, as updated through April 2015. Likewise, 
ADEC updated the adoption by reference date in 18 AAC 50.035(a)(7) to 
incorporate a more current version of EPA's AERSCREEN User's Guide, 
EPA-454/B-15-005, dated July 2015. EPA is proposing to approve Alaska's 
updates.
    Alaska's major new source review (NSR) permitting rules for 
attainment and unclassifiable areas, 18 AAC 50, Article 3, largely 
adopt by reference the federal Prevention of Significant Deterioration 
of Air Quality (PSD) program regulations in 40 CFR 51.166 and 40 CFR 
52.21. The most recent EPA approval of revisions to Alaska's PSD 
permitting program was May 19, 2016 (81 FR 31511), in which ADEC 
adopted by reference portions of 40 CFR 51.166 and 52.21 as in effect 
on December 9, 2013. ADEC recently updated 18 AAC 50.040(f) and (h) to 
incorporate federal revisions to portions of 40 CFR 51.166 and 52.21 as 
in effect on December 28, 2015. These updates ensure Alaska's PSD 
program is consistent with Federal requirements and therefore EPA is 
proposing to approve them.

[[Page 27032]]

    Lastly, ADEC added language in 18 AAC 215(a)(3) to clarify that 
Alaska's adoption in 18 AAC 50.035(a) of both Quality Assurance 
Handbook for Air Pollutant Measurement Systems, Volume IV and 
Meteorological Measurements Version 2.0 are applicable for 
meteorological monitoring work in Alaska. EPA is proposing to approve 
the Alaska's clarification.

B. Revisions to Permitting Requirements

Source Test Reports
    ADEC's September 15, 2016 SIP submittal revises 18 AAC 50.345(o) to 
reduce the number of paper copies of source test reports required to be 
submitted from two copies to one copy for both minor and Title V 
permitted sources. This reduces paperwork, resource requirements, and 
associated costs without negatively affecting compliance with 
environmental regulations. EPA is proposing to approve Alaska's 
revision.
Minor Source Baseline Date
    A minor source baseline date is based on a trigger date set in 
federal major source permitting regulations. The baseline date is 
calculated as the date on which the first complete PSD permit 
application is received after the EPA trigger date, which for fine 
particulate matter (PM2.5) is October 20, 2011. ADEC, 
utilizing 40 CFR 52.21(b)(14)(ii), determined a minor source 
PM2.5 baseline date for the South Central Alaska Intrastate 
Air Quality Control Region of October 15, 2015, and incorporated this 
date into Table 2 of 18 AAC 50.020. Emissions changes at sources in the 
South Central Alaska Intrastate Air Quality Control Region after this 
baseline date, consume the region's PM2.5 PSD increment. We 
are proposing to approve Alaska's incorporation of this minor source 
baseline date into their SIP as consistent with CAA requirements.
Minor Source Permitting Applicability
    EPA originally approved Alaska's minor NSR program into the SIP on 
July 5, 1983 (48 FR 30623), and most recently approved an update to it 
on May 27, 2015 (80 FR 30161). ADEC has since revised its minor NSR 
permitting program so that it now requires all existing minor 
stationary sources to apply for a permit prior to undergoing a 
modification that will result in a potential to emit above significant 
emissions thresholds. See 18 AAC 50.502(c)(4). ADEC explains that this 
revision closes a permitting loophole that allowed significant 
emissions increases below PSD levels to occur without triggering minor 
source permitting requirements. Such increases will now be subject to 
minor new source permitting. ADEC made several changes to related 
regulations to appropriately cross-reference and implement this 
revision. EPA is proposing to approve ADEC's revision to the 
applicability of its minor new source review program because it 
strengthens the SIP and is consistent with CAA requirements.
Minor Source Permit Review and Issuance
    ADEC revised 18 AAC 50.542(b)(5) to clarify that the 30-day 
timeline for fast-tracked permit decisions is based on the receipt of a 
``complete'' permit application. The previous language did not include 
the adjective ``complete.'' This change makes it easier for regulated 
entities and citizens alike to understand what is expected of both the 
permitting authority and the applicant.
    In addition, ADEC added 18 AAC 50.542(d)(1)(F) to clarify the 
timing of the approval of alternative modeling in ``fast track'' minor 
source permitting. ADEC's rules now make clear that, where alternative 
modeling was approved outside of ``fast-track'' permitting procedures, 
a 30-day public notice and request for comment period on the decision 
to approve alternative modeling under 18 AAC 50.215(c)(2) is required, 
which will be timed, to the extent practicable, to coincide with the 
public comment period on the draft permit. EPA is proposing to approve 
these clarifications.

C. Removal of Certain Source Category-Specific Requirements

    Alaska repealed certain source category-specific requirements 
applicable to fuel burning equipment in operation before November 1, 
1982, that use more than 20 percent woodwaste as fuel; urea prilling 
towers in operation before July 1, 1972; portland cement plants; and 
pulp mills. Alaska determined there are no longer any sources in the 
state to which these repealed provisions apply. In the September 15, 
2016 submittal, ADEC requested EPA remove these state-repealed 
provisions from the Alaska SIP. EPA proposes to approve ADEC's request 
to remove 18 AAC 50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), 
(f) and 18 AAC 50.060 from Alaska's SIP because no sources are subject 
to these standards. Any new sources in these source categories will be 
regulated under Alaska's NSR process and any applicable federal 
regulations that apply to new sources, such as new source performance 
standards.

D. Revisions to Ozone Standard

    ADEC revised the ozone standard in 18 AAC 50.010(4) from 0.075 ppm 
to 0.070 ppm to reflect the current (2015) Federal NAAQS for ozone. We 
are proposing to approve Alaska's revision to its ozone standard as 
consistent with Federal standards.

E. Updates to General and Transportation Conformity

    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) 
transportation act was signed into law, and among other things, it 
amended the CAA to eliminate the requirement for states to adopt and 
submit general conformity SIPs. On April 5, 2010 (75 FR 17254), EPA 
updated the general conformity SIP regulations to be consistent with 
the SAFETEA-LU transportation act by eliminating the Federal regulatory 
requirement for states to adopt and submit general conformity SIPs. See 
40 CFR 51.851. On May 7, 2015, with a supplementary letter received 
July 29, 2015, ADEC submitted a request to update the transportation 
conformity regulations and to remove portions of the general conformity 
regulations from the Alaska SIP. EPA finalized action on this submittal 
on September 8, 2015 (80 FR 53735). On March 10, 2016, ADEC submitted a 
request to make two modifications to Alaska's transportation conformity 
regulations and one modification to the general conformity regulations.
    Alaska's March 10, 2016, submittal revises two transportation 
conformity criteria and procedures. The first modification relates to 
interagency consultation. The modification adds a reference to a list 
of exempt projects to existing section 18 AAC 50.715(c)(8). The second 
modification relates to public involvement. New section 18 AAC 
50.720(e) adds a reference to existing Alaska rules regarding charges 
for photocopying of information.
    The modification to the general conformity regulations removes 18 
AAC 50.735 from the State's SIP because it is not needed under current 
Federal regulations. This section is not needed because SAFETEA-LU 
eliminated the requirement for states to adopt and submit general 
conformity SIPs.
    Alaska's SIP revision updates the State's general and 
transportation conformity provisions, 18 AAC 50, Article 7, to be 
consistent with the CAA as amended by SAFETEA-LU and EPA regulations 
(40 CFR part 93 and 40 CFR 51.390). EPA has reviewed ADEC's March 10, 
2016, SIP submittal to assure

[[Page 27033]]

consistency with the CAA as amended by SAFETEA-LU and EPA regulations 
(40 CFR part 93 and 40 CFR 51.390) governing state procedures for 
general and transportation conformity and interagency consultation, and 
has concluded that the submittal is consistent with CAA requirements. 
The EPA is taking action only on the conformity related portions of the 
March 10, 2016, submittal. The other portions of the submittal are 
addressed in separate actions.

III. Proposed Action

    EPA is proposing to approve, and incorporate by reference where 
appropriate, in Alaska's SIP, all revisions requested by Alaska on 
September 15, 2016 (state effective 8/20/2016) to the following 
provisions:

 18 AAC 50.010(4) (Ambient Air Quality Standards)
 18 AAC 50.020(a) (Baseline Dates and Maximum Allowable 
Increases)
 18 AAC 50.035(a)(3) and (a)(7) (Documents, Procedures, and 
Methods Adopted by Reference)
 18 AAC 50.040(f) and (h) (Federal Standards Adopted by 
Reference)
 18 AAC 50.215(a)(3) (Ambient Air Quality Analysis Methods)
 18 AAC 50.345(o) (Construction, Minor and Operating Permits: 
Standard Permit Conditions)
 18 AAC 50.502(c), (e), (f), (f)(1)(C), (f)(5), (g), (h)(3)(A), 
and (h)(3)(B) (Minor Permits for Air Quality Protection)
 18 AAC 50.540 (c)(2)(A) (Minor Permit: Application)
 18 AAC 50.542(b)(5) and (d)(1) (Minor Permit: Review and 
Issuance)

    EPA is also proposing to remove from the SIP the following 
provisions that ADEC has repealed as a matter of state law: 18 AAC 
50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) (Industrial 
process and Fuel-Burning Equipment) and 18 AAC 50.060 (Pulp Mills).
    Finally, EPA is proposing to approve revisions to 18 AAC 50, 
Article 7, Transportation Conformity, submitted by Alaska on March 10, 
2016; specifically, the revisions to transportation conformity 
provisions in 18 AAC 50.715, .720, and removal of the general 
conformity provisions in .735 as discussed in Section II.E above.
    We have made the preliminary determination that the submitted SIP 
revisions are consistent with section 110 and part C of Title I of the 
CAA.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the provisions described above in Section III. Also in this 
rule, EPA is proposing to remove, in a final EPA rule, regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to remove the 
incorporation by reference of provisions of 18 AAC 50.055 and 50.060 as 
described above in Section II (C.) and 18 AAC 50.735 as described in 
Section III. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. Accordingly, this proposed 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because it does not involve technical standards; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

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

    Dated: June 1, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-12234 Filed 6-12-17; 8:45 am]
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