[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10750-10753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04906]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0834: FRL9990-73-Region 10]


Air Plan Approval; AK; Updates to Curtailment Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Alaska State Implementation Plan (SIP) that 
were submitted by the Alaska Department of Environmental Conservation 
(ADEC). These proposed revisions update and strengthen ADEC's 
regulation of residential wood smoke emissions, especially the 
curtailment program applying to the Fairbanks fine particulate matter 
nonattainment area.

DATES: Written comments must be received on or before April 22, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0834 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 whose disclosure 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Justin Spenillo, EPA Region 10, 1200 
6th Ave, Seattle WA 98101, at (206) 553-6125, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. This 
supplementary information section is arranged as follows:

[[Page 10751]]

Table of Contents

I. Background
II. ADEC Revisions
    A. Solid Fuel-Fired Heating Device Visible Emission Standards
    B. Fairbanks Emergency Episode Plan
    C. Fairbanks North Star Borough Ordinance
III. EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On November 28, 2018, ADEC submitted revisions to specific air 
quality regulations for approval into the federally-enforceable Alaska 
SIP. The submission includes changes to Alaska Administrative Code 
Title 18, Environmental Conservation, Chapter 50, Air Quality Control 
(18 AAC 50), adopted December 8, 2017, and state-effective January 11, 
2018. This action addresses a portion of the submitted revisions, 
specifically those that update and strengthen wood smoke curtailment 
regulations that apply in the Fairbanks fine particulate matter 
(PM2.5) nonattainment area and that were previously approved 
into the Alaska SIP by the EPA on September 8, 2017 (82 FR 42457).\1\ 
We are proposing to take action on submitted updates to solid fuel-
fired heating device visible emission standards at 18 AAC 50.075(e), 
and revisions to the Fairbanks Emergency Episode Plan and associated 
appendix, state-effective January 11, 2018.\2\ We intend to take action 
on the remainder of the submission in a separate, future action.\3\
---------------------------------------------------------------------------

    \1\ See 40 CFR part 52, subpart C. See also 40 CFR 81.302.
    \2\ The Fairbanks Emergency Episode Plan is in Volume II: 
Section III.D.5.11 and is codified as a matter of State law at 18 
AAC 50.030(a). The associated appendix to the plan is in Volume III: 
Appendix III.D.5.12 and includes the Fairbanks North Star Borough 
Ordinance No. 2017-18 and No. 2017-44, codified as a matter of State 
law at 18 AAC 50.030(a).
    \3\ The remainder of the submission addresses revisions to 18 
AAC 50.030(b), 18 AAC 50.075(f), 18 AAC 50.077, 18 AAC 50.079, and 
18 AAC 50.990.
---------------------------------------------------------------------------

II. ADEC Revisions

A. Solid Fuel-Fired Heating Device Visible Emission Standards

Submission
    The solid fuel-fired heating device visible emissions standards are 
found in 18 AAC 50.075 and were last approved by the EPA on September 
8, 2017 (82 FR 42457). The regulation at 18 AAC 50.075(e) allows ADEC 
to prohibit the operation of solid fuel-fired heating devices in an 
area for which ADEC has declared a PM2.5 air quality episode 
under emergency episode provisions included in a local air quality plan 
that has been incorporated into the State Air Quality Control Plan and 
adopted by reference in 18 AAC 50.030. In this submission, ADEC revised 
18 AAC 50.075(e) to remove a provision that restricted ADEC's authority 
to prohibit the operation of a solid fuel-fired heating device to 
periods when the ambient temperature is warmer than any threshold 
identified in a local air quality plan.
EPA Analysis
    Removal of the temperature exemption for operation of a solid fuel-
fired heating device during an air quality episode makes this control 
measure more stringent than the current federally-approved rules and is 
therefore approvable.

B. Fairbanks Emergency Episode Plan

Submission
    The ADEC submitted multiple edits to the Fairbanks Emergency 
Episode Plan, adopted by reference at 18 AAC 50.030. Specifically, in 
Section 5.11.1, the ADEC revised the Air Quality Alert Model to change 
its model outputs from 8-hour averages to 12-hour averages. In 
addition, the ADEC added references in Section 5.11.2 to Fairbanks 
North Star Borough Ordinances No. 2017-18 (March 9, 2017) and No. 2017-
44 (June 19, 2017).
    The ADEC also revised the Air Quality Episode Thresholds and 
Exceptions to remove the Stage 3 alert and the associated temperature 
exemption (see Table 5.11-1) and to identify the rules under a two-
stage curtailment program (see Table 5.11-2). Table 5.11-1 and Table 
5.11-2 in the Fairbanks Emergency Episode Plan are replicated as Table 
1 and Table 2, respectively, of this proposal. The revised Air Quality 
Episode Thresholds and Exceptions include specific types of heating 
appliances allowed under the two stages of the curtailment program and 
identifies waiver and No Other Adequate Source of Heat (``NOASH'') 
designations and the corresponding allowable uses of solid-fuel fired 
devices under those designations.
    In particular, during a Stage 1 Alert where PM2.5 
concentrations rise above 25 micrograms per cubic meter ([micro]g/
m\3\), Borough Listed Solid Fuel Burning Appliances with either an 
approved Stage 1 Waiver and/or NOASH designation may be operated, while 
use of wood stoves, coal stoves, wood-fired hydronic heaters, wood-
fired furnaces, coal-fired hydronic heaters, coal-fired furnaces, 
fireplace inserts, pellet fuel burning appliances, masonry heaters, 
cook stoves, fireplaces, waste oil burning appliances, non-permitted 
outdoor incinerators/burn barrels are prohibited. In addition, 
campfires, bonfires, ceremonial fires, fire pits are under voluntary 
curtailment.
    During a Stage 2 Alert, where PM2.5 concentrations rise 
above 35 [mu]g/m\3\, Borough Listed Solid Fuel Burning Appliances with 
an NOASH designation may be operated, while use of devices with an 
approved Stage 1 Waiver, wood stoves, coal stoves, wood-fired hydronic 
heaters, wood-fired furnaces, coal-fired hydronic heaters, coal-fired 
furnaces, fireplace inserts, pellet fuel burning appliances, masonry 
heaters, cook stoves, fireplaces, waste oil burning appliances, non-
permitted outdoor incinerators/burn barrels are prohibited; and 
campfires, bonfires, ceremonial fires, fire pits are prohibited. Please 
refer to Table 1 and Table 2 below.

     Table 1--ADEC's Table 5.11-1 Air Quality Episode Thresholds and
                               Exceptions
------------------------------------------------------------------------
          Episode feature           Stage 1 air alert  Stage 2 air alert
------------------------------------------------------------------------
PM2.5 Threshold, micrograms per     25...............  35.
 cubic meter, ([mu]g/m\3\).
Exceptions During a Power Outage..  Yes..............  Yes.
------------------------------------------------------------------------


    Table 2--ADEC's Table 5.11-2 PM2.5 Air Quality Episode Appliance-
                   Specific or Waiver-Specific Actions
------------------------------------------------------------------------
  Appliance type or waiver type    Stage 1 air alert   Stage 2 air alert
------------------------------------------------------------------------
No other adequate source of heat  Operation           Operation
 (NOASH) designation, meets        Prohibited except   Prohibited except
 other requirements in 21.28.060.  Borough Listed      Borough Listed
                                   Solid Fuel          Solid Fuel
                                   Burning             Burning
                                   Appliances (SFBA).  Appliances
                                                       (SFBA).
Approved Stage 1 Waiver, meets    Operation           Operation
 other requirements in 21.28.060.  Prohibited except   Prohibited.
                                   Borough Listed
                                   Solid Fuel
                                   Burning
                                   Appliances (SFBA).

[[Page 10752]]

 
Wood Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Coal Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Wood-fired hydronic heaters.....  Operation           Operation
                                   Prohibited.         Prohibited.
Wood-fired Furnaces.............  Operation           Operation
                                   Prohibited.         Prohibited.
Coal-fired Hydronic Heaters.....  Operation           Operation
                                   Prohibited.         Prohibited.
Coal-fired Furnaces.............  Operation           Operation
                                   Prohibited.         Prohibited.
Fireplace Inserts...............  Operation           Operation
                                   Prohibited.         Prohibited.
Pellet Fuel Burning Appliances..  Operation           Operation
                                   Prohibited.         Prohibited.
Masonry Heaters.................  Operation           Operation
                                   Prohibited.         Prohibited.
Cook Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
Fireplaces......................  Operation           Operation
                                   Prohibited.         Prohibited.
Waste Oil Burning Appliances....  Operation           Operation
                                   Prohibited.         Prohibited.
Non-Permitted Outdoor             Operation           Operation
 Incinerators, Burn Barrels.       Prohibited.         Prohibited.
Campfires, Bonfires, Ceremonial   Voluntary           Operation
 Fires, Fire pits.                 Curtailment.        Prohibited.
Cook Stoves.....................  Operation           Operation
                                   Prohibited.         Prohibited.
------------------------------------------------------------------------

    This section also was amended to reference Fairbanks North Star 
Borough Code 21.28.030 D that regulates particulate matter pollution 
that crosses the property line provided that the particulate pollution 
is visible using EPA Method 22 and is 25 [mu]g/m\3\ greater than 
ambient air in the immediate vicinity. ADEC adopted the corresponding 
Fairbanks North Star Borough ordinance by reference at 18 AAC 50.030. 
In addition, the section on the voluntary burning curtailment program 
was updated to reflect the history in the area and conversion from a 
voluntary to a mandatory curtailment program in 2017.
    In Section 5.11.3, the ADEC revised the State Episode Program 
section to allow for the local air quality plan to issue local air 
alerts at lower PM2.5 concentration thresholds, and to state 
that Alaska has aligned its rules with the local thresholds as 
described in Section 5.11.2.
    The ADEC also made minor wording changes to the Emergency Episode 
Plan. The draft and final versions of the Emergency Episode Plan 
changes can be found in the docket for this action.
EPA Analysis
    ADEC's revisions to the Fairbanks Emergency Episode Plan at Volume 
II: Section III.D.5.11 of the State Air Quality Control Plan improve 
the State's ability to implement the solid fuel burning device 
curtailment program via 18 AAC 50.075(e) and make the control measure 
more stringent. Specifically, the revised two-stage program will 
regulate more solid fuel burning devices and at lower PM2.5 
concentrations than the prior three-stage program. Under the three-
stage program, there was a Stage 1 voluntary curtailment at 25 
[micro]g/m\3\. In contrast, under Stage 1 of the revised program, all 
devices are prohibited from burning except those that are Borough 
Listed Solid Fuel Burning Appliances with either a Stage 1 Waiver and/
or a NOASH. Moreover, Stage 1 has changed from voluntary to mandatory 
curtailment and applies to a larger subset of devices.
    Stage 2 has also become more stringent under the revised 
curtailment program in that it prohibits all burning except for Borough 
Listed Solid Fuel Burning Appliances with a NOASH. With the removal of 
Stage 3, the State may now prohibit the use of solid fuel burning 
devices at lower PM2.5 concentrations and may prohibit 
burning regardless of the ambient temperature. The two-stage 
curtailment program reduces solid fuel burning at lower concentrations, 
is mandatory at all stages, and applies to more heating appliances. 
These changes are intended to reduce emissions in the airshed and are 
designed to attain the PM2.5 National Ambient Air Quality 
Standard and further protect health in the community. If our proposed 
approval is finalized, violations of any air quality episode called 
pursuant to 18 AAC 50.075(e) at the levels and conditions specified in 
Table 1 and Table 2, above, will be federally enforceable.
    Additionally, the provisions addressing the flow of pollution 
across property lines provides for additional protection against plume 
concentrations over 25 [mu]g/m\3\ from ambient concentrations. 
Similarly, the submitted revisions to Section 5.11.3 strengthen ADEC's 
ability to implement the curtailment program by allowing for it to rely 
on stricter local air quality programs, if present.

C. Fairbanks North Star Borough Ordinance

Submission
    As part of the Alaska's November 28, 2018 submittal letter for 
prioritized revisions, ADEC identified that it was submitting pages 68-
84 of ``Volume III: Appendix III.D.5.12: Appendix to Volume II. 
Analysis of Problems, Control Actions; Section III. Area-wide Pollutant 
Control Program; D. Particulate Matter; 5. Fairbanks North Star Borough 
PM2.5 Control Plan.'' This refers to the June 19, 2017 
Fairbanks North Star Borough Ordinance No. 2017-44, incorporated into 
the Emergency Episode Plan adopted by reference into 18 AAC 50.030(a) 
as part of the State Air Quality Control Plan and discussed in Section 
II.B. It includes the change in the curtailment program from a three-
stage curtailment program to a two-stage curtailment program which has 
been reflected identically in the Fairbanks Emergency Episode Plan and 
will not be re-reviewed here.
    As adopted into state law, pages 68 through 84 of ``Volume III: 
Appendix III.D.5.12: Appendix to Volume II. Analysis of Problems, 
Control Actions; Section III. Area-wide Pollutant Control Program; D. 
Particulate Matter; 5. Fairbanks North Star Borough PM2.5 
Control Plan'' includes the June 19, 2017 FNSB Ordinance No. 2017-44.
EPA Analysis
    Generally, the State's adoption by reference of the revised 
ordinance enhance and strengthen Alaska's State Air Quality Control 
Plan, as discussed in Section II.B.

[[Page 10753]]

III. EPA's Proposed Action

    The EPA is proposing to approve and incorporate by reference the 
following provision into the Alaska SIP at 40 CFR 52.70(c), EPA 
Approved Regulations and Statutes:
     18 AAC 50.075(e) Solid Fuel-fired Heating Device Visible 
Emission Standards, State effective January 12, 2018.
    The EPA is proposing to approve, but not incorporate by reference, 
the following revised sections of the Alaska State Air Quality Control 
Plan:
     Volume II, Section III.D.5.11 Fairbanks Emergency Episode 
Plan, State effective January 12, 2018; and
     Pages 68 through 84 of Volume III, Appendix III.D.5.12: 
Appendix to Volume II. Analysis of Problems, Control Actions; Section 
III. Area-wide Pollutant Control Program; D. Particulate Matter; 5. 
Fairbanks North Star Borough PM2.5 Control Plan, State 
effective January 12, 2018.
    These proposed revisions to the SIP primarily apply to the 
Fairbanks PM2.5 nonattainment area. As described above, the 
EPA is proposing to approve the rules, Emergency Episode Plan, 
reflecting the State-adopted Fairbanks North Star Borough Ordinances as 
part of state rule in 18 AAC 50.030, as SIP strengthening. These 
revisions support the state's ability to reduce and manage emissions in 
the Fairbanks PM2.5 nonattainment area. This action does not 
alter our prior approval of the plan as meeting Moderate area 
requirements; and we are not making any findings with respect to the 
serious plan requirements triggered upon reclassification (82 FR 
21711).

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the regulations described in section III. 
Regulations to Approve and Incorporate by Reference into the SIP. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 10 Office 
(please contact the person identified in the ``For Further Information 
Contact'' 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 Act 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 proposes to approve 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 this action 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, this proposed action does not 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
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: March 1, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-04906 Filed 3-21-19; 8:45 am]
BILLING CODE 6560-50-P