[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Pages 26019-26021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11620]
[[Page 26019]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0834: FRL-9994-32-Region 10]
Air Plan Approval; AK; Updates to Curtailment Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Alaska State Implementation Plan (SIP)
that were submitted by the Alaska Department of Environmental
Conservation (ADEC). These revisions update and strengthen ADEC's
regulation of residential wood smoke emissions, especially the
curtailment program as it applies to the Fairbanks fine particulate
matter nonattainment area. No comments were received on this action.
DATES: This action is effective on July 5, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0834. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 through https://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125,
[email protected], or Attn: Justin Spenillo, Air and Radiation
Division, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
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:
Table of Contents
I. Background
II. EPA's Final Action
III. Incorporation by Reference
IV. 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 North Star Borough fine
particulate matter (PM2.5) nonattainment area.\1\ EPA
approved a prior version of Alaska's wood smoke curtailment regulations
for the Fairbanks North Star Borough fine particulate matter
(PM2.5) nonattainment area on September 8, 2017 (82 FR
42457).
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\1\ See 40 CFR 81.302.
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On March 22, 2019, we proposed to approve the 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 (84 10750).\2\ We
intend to take action on the remainder of the submission in a separate,
future action.\3\ Please see our proposed rulemaking for further
explanation and the basis for our approval (84 FR 10750, March 22,
2019). The comment period for our proposed rulemaking closed on April
22, 2019. No comments were received on this action.
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\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. EPA's Final Action
The EPA is approving and incorporating by reference the following
revised rule into the Alaska SIP at 40 CFR 52.70(c):
18 AAC 50.075(e) Solid Fuel-fired Heating Device Visible
Emission Standards, state effective January 12, 2018.
The EPA is approving, but not incorporating 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.
As described previously, the EPA is approving these revisions 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. As a result of today's final action, 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, below, are
federally enforceable.
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 25.................. 35.
per cubic meter, (ug/m3.
Exceptions During a Power Yes................. Yes.
Outage.
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[[Page 26020]]
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 Operation Prohibited Operation Prohibited
heat (NOASH) designation, except Borough except Borough
meets other requirements in Listed Solid Fuel Listed Solid Fuel
21.28.060. Burning Appliances Burning Appliances
(SFBA). (SFBA).
Approved Stage 1 Waiver, Operation Prohibited Operation
meets other requirements in except Borough Prohibited.
21.28.060. Listed Solid Fuel
Burning Appliances
(SFBA).
Wood Stoves................. Operation Prohibited Operation
Prohibited.
Coal Stoves................. Operation Prohibited Operation
Prohibited.
Wood-fired hydronic heaters. Operation Prohibited Operation
Prohibited.
Wood-fired Furnaces......... Operation Prohibited Operation
Prohibited.
Coal-fired Hydronic Heaters. Operation Prohibited Operation
Prohibited.
Coal-fired Furnaces......... Operation Prohibited Operation
Prohibited.
Fireplace Inserts........... Operation Prohibited Operation
Prohibited.
Pellet Fuel Burning Operation Prohibited Operation
Appliances. Prohibited.
Masonry Heaters............. Operation Prohibited Operation
Prohibited.
Cook Stoves................. Operation Prohibited Operation
Prohibited.
Fireplaces.................. Operation Prohibited Operation
Prohibited.
Waste Oil Burning Appliances Operation Prohibited Operation
Prohibited.
Non-Permitted Outdoor Operation Prohibited Operation
Incinerators, Burn Barrels. Prohibited.
Campfires, Bonfires, Voluntary Operation
Ceremonial Fires, Fire pits. Curtailment. Prohibited.
Cook Stoves................. Operation Prohibited Operation
Prohibited.
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III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference as described
in Section III of this action, and the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through https://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). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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 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).
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 and it 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).
Therefore, Executive Order 13175 does not apply to this action.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 26021]]
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 5, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 15, 2019.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Alaska
0
2. In Sec. 52.70:
0
a. The table in paragraph (c) is amended by revising entry 18 AAC
50.075; and
0
b. The table in paragraph (e) is amended by adding, at the end of the
table, an undesignated heading entitled ``Recently-Approved Plans'' and
entries ``II.III.D.5.11'' and ``III.III.D.5.12''.
The revision and additions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Alaska Regulations and Statutes
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State
State citation Title/subject effective EPA approval date Explanations
date
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Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
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* * * * * * *
18 AAC 50.075.................... Solid Fuel-fired 1/12/2018 6/5/2019, [Insert Except (d)(2) and
Heating Device Federal Register (f).
Visible Emission citation].
Standards.
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanations
nonattainment area date
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* * * * * * *
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Recently--Approved Plans
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II.III.D.5.11 Fairbanks Emergency Fairbanks North 11/28/2018 6/5/2019, [Insert Revision to
Episode Plan. Star Borough. Federal Register II.III.D.5.
citation].
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III.III.D.5.12 Appendix to Volume Fairbanks North 11/28/2018 6/5/2019,.......... Revision to pages
II. Section III.D.5. Star Borough. [Insert Federal 68 through 84 of
Register citation]. III.III.D.5.
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[FR Doc. 2019-11620 Filed 6-4-19; 8:45 am]
BILLING CODE 6560-50-P