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