[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55094-55100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0810, FRL-10001-04-Region 10]


Air Plan Approval; AK: Infrastructure Requirements for the 2015 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard is promulgated, the Clean Air Act requires states to submit 
plans for the implementation, maintenance, and enforcement of such 
standard, commonly referred to as infrastructure requirements. On 
October 25, 2018, the State of Alaska submitted such a plan for the 
ozone standard revised on October 1, 2015. In this action, the 
Environmental Protection Agency (EPA) is proposing to approve the 
Alaska plan as meeting applicable infrastructure requirements.

DATES: Comments must be received on or before November 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0810, 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 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. 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: Kristin Hall, (206) 553-6357, 
[email protected], or Attn: Kristin Hall (15-H13), Air and Radiation 
Division, EPA Region 10, 1200 6th Avenue (Suite 155), Seattle, WA 
98101.

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

Table of Contents

I. Background
II. Infrastructure Elements
III. EPA Approach To Review of Infrastructure SIP Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Order Review

I. Background

    On October 1, 2015, the Environmental Protection Agency (EPA) 
revised the existing ozone National Ambient Air Quality Standard 
(NAAQS), lowering the level of both the primary and secondary standards 
from 0.075 parts per million (ppm) to 0.070 ppm, among other 
changes.\1\ The revision triggered the Clean Air Act (CAA) requirement 
for states to submit State Implementation Plans (SIPs) addressing basic 
infrastructure elements required to implement, maintain, and enforce 
the 2015 ozone NAAQS. On October 25, 2018, the Alaska Department of 
Environmental Conservation (ADEC) made such a submission.\2\
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    \1\ National Ambient Air Quality Standards for Ozone, Final rule 
(October 26, 2015, 80 FR 65292).
    \2\ Alaska's October 25, 2018 submission not only addresses 
infrastructure requirements, but also requests EPA approval of 
regulatory updates and permitting rule revisions. The EPA approved 
the regulatory updates and permitting rule revisions in a separate 
rulemaking on August 29, 2019 (84 FR 45419).
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II. Infrastructure Elements

    The CAA provides the procedure and timing for infrastructure SIP 
submissions and lists the required elements, set forth at sections 
110(a)(1) and (2), respectively. The EPA has issued guidance to help 
states address these requirements, most recently on September 13, 2013 
(2013 Guidance).\3\ The elements and corresponding CAA subsections are 
listed below:
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    \3\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10, 
September 13, 2013. The 2013 Guidance is available in the docket for 
this action and at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance.
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and 
applicable requirements of part D.

[[Page 55095]]

     110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    The 2013 Guidance restated the EPA's interpretation that two 
elements are not governed by the three-year submission deadline in CAA 
section 110(a)(1) because SIPs incorporating necessary local 
nonattainment area controls are due on separate schedules.\4\ The two 
elements are: (i) CAA section 110(a)(2)(C), to the extent that 
subsection refers to a permit program as required in part D, title I of 
the CAA, and (ii) CAA section 110(a)(2)(I). As a result, this action 
does not address CAA section 110(a)(2)(C) with respect to nonattainment 
new source review (NSR), nor does it address CAA section 110(a)(2)(I). 
The EPA has also determined that the CAA section 110(a)(2)(J) provision 
on visibility is not triggered by a new NAAQS because the visibility 
requirements in part C, title I of the CAA are not changed by a new 
NAAQS.
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    \4\ These schedules are governed by CAA section 172 and the 
various pollutant-specific subparts 2 through 5 of part D, title I, 
of the CAA.
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III. EPA Approach To Review of Infrastructure SIP Submissions

    Due to ambiguity in some of the language of CAA section 110(a)(2), 
the EPA believes that it is appropriate to interpret these provisions 
in the specific context of acting on infrastructure SIP submissions. 
The EPA has previously provided comprehensive guidance on the 
application of these provisions in the 2013 Guidance and through 
regional actions on infrastructure submissions.\5\ Unless otherwise 
noted below, we are following that existing approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, the EPA evaluates the submitting state's 
SIP for facial compliance with statutory and regulatory requirements, 
not for the state's implementation of its SIP.\6\ The EPA has other 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.
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    \5\ The EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available in the docket for this action and at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance) as well as in numerous agency actions, 
including the EPA's prior action on Alaska's infrastructure SIP 
submission to address the 2010 nitrogen dioxide and 2010 sulfur 
dioxide NAAQS (May 12, 2017, 82 FR 22081). Please see our associated 
July 20, 2016, proposed rule for this discussion (81 FR 47103, at 
pages 47104 through 47107).
    \6\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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IV. EPA Evaluation

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) requires SIPs to include enforceable 
emission limits and other control measures, means or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements of the CAA.
    State submission: The submission cites regulations set forth at 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 
50 Air Quality Control (18 AAC 50):
     Article 1 Ambient Air Quality Management (18 AAC 50.005-18 
AAC 50.110);
     Article 2 Program Administration (18 AAC 50.200-18 AAC 
50.260);
     Article 3 Major Stationary Source Permits (18 AAC 50.300-
18 AAC 50.390);
     Article 4 User Fees (18 AAC 50.400-18 AAC 50.499);
     Article 5 Minor Permits (18 AAC 50.502-18 AAC 50.560);
     Article 7 Transportation Conformity (18 AAC 50.700-18 AAC 
50.750); and
     Article 9 General Provisions (18 AAC 50.900-18 AAC 
50.990).
    EPA analysis: Alaska adopted the 2015 ozone NAAQS into State 
regulation, submitted the revision to the EPA, and we approved the 
change on August 28, 2017 (82 FR 40712). As a result, Alaska's ambient 
air quality standards codified in 18 AAC 50.010 are consistent with the 
current 2015 ozone NAAQS. Alaska generally regulates emissions of 
nitrogen oxides (NOX) and volatile organic compounds (VOCs) 
as precursors to ozone through its SIP-approved stationary source 
preconstruction permitting programs, set forth in Articles 3 and 5 of 
18 AAC 50, in addition to other regulations approved into the SIP and 
described in this section. Stationary source preconstruction permitting 
is known as ``new source review'' or ``NSR'' and establishes 
requirements based on size and location of sources, among other things. 
Major NSR permitting in attainment and unclassifiable areas is called 
``prevention of significant deterioration'' or ``PSD'' permitting.
    The Alaska PSD permitting program is governed by 18 AAC 50, Article 
3, references a suite of regulations approved into the Alaska SIP, and 
makes use of certain Federal PSD requirements set forth in the Code of 
Federal Regulations (CFR) and incorporated by reference into the Alaska 
SIP in 18 AAC 50.040. See 40 CFR 52.96. The EPA most recently approved 
updates to the Alaska PSD permitting program on August 29, 2019 (84 FR 
45419). The current SIP-approved Alaska PSD permitting program 
incorporates by reference specific Federal requirements in 40 CFR 
52.21, 40 CFR 51.166, and 40 CFR part 51, appendix W, as of July 1, 
2017. The program has been updated for the 2015 ozone NAAQS and 
regulates NOX and VOCs as precursors to ozone formation, 
consistent with the EPA's implementing regulations at 40 CFR 51.166.
    Turning to minor sources, Article 5 of 18 AAC 50 requires pre-
construction permitting for subject new and modified minor stationary 
sources. SIP-approved minor NSR programs and revisions to such programs 
must be consistent with the EPA's implementing regulations at 40 CFR 
51.160 through 51.164. Alaska's minor NSR program was originally 
approved into the Alaska SIP on July 5, 1983 (48 FR 30623). We have 
approved subsequent revisions, most recently on August 29, 2019 (84 FR 
45419).
    Alaska has no areas designated nonattainment for the 2015 ozone 
NAAQS. We note, however, as highlighted in Section II of this proposal, 
the EPA does not consider SIP requirements triggered by the 
nonattainment area mandates in part D, title I of the CAA to be 
governed by the submission deadline of CAA section 110(a)(1). 
Regulations and other control measures for purposes of attainment 
planning under part D, title I of the CAA are due on a different 
schedule than infrastructure SIPs.
    In addition to permitting requirements, Alaska's SIP contains rules 
that also serve to limit NOX and VOCs. These rules include 
incinerator emission standards, emission limits for industrial 
processes, and emission limits for fuel burning equipment. Based on the 
foregoing, we are proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(A) for the 2015 ozone NAAQS.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for the establishment and operation of

[[Page 55096]]

ambient air quality monitors, the collection and analysis of ambient 
air quality data, and the availability of data to the EPA upon request.
    State submission: The submission references Alaska statutory and 
regulatory authority to conduct ambient air monitoring investigations. 
Alaska Statutes (AS) 46.03.020 Powers of the department paragraph (5) 
provides authority to undertake studies, inquiries, surveys, or 
analyses essential to the accomplishment of the purposes of ADEC. AS 
46.14.180 Monitoring provides authority to require sources to monitor 
emissions and ambient air quality to demonstrate compliance with 
applicable permit program requirements. 18 AAC 50.201 Ambient Air 
Quality Investigation provides authority to require a source to do 
emissions testing, reduce emissions, and apply controls to sources.
    The submission references ADEC's revised Quality Assurance Project 
Plan for the State of Alaska Air Monitoring and Quality Assurance 
Program, adopted by reference into the State Air Quality Control Plan. 
As described in this plan, ambient air quality monitoring data are 
verified and electronically reported to the EPA through the Air Quality 
System on a quarterly basis. The submission also references the 
adoption of the Federal reference and interpretation methods for ozone. 
These methods are used by ADEC in its ambient air quality monitoring 
program to determine compliance with the standards.
    EPA analysis: A comprehensive air quality monitoring plan to meet 
CAA monitoring requirements was originally submitted by Alaska on 
January 18, 1980 (40 CFR 52.70) and approved by the EPA on April 15, 
1981 (46 FR 21994). The plan includes statutory and regulatory 
authority to establish and operate an air quality monitoring network, 
including ozone monitoring. Alaska's SIP-approved regulations in 
Article 2 of 18 AAC 50 govern source-specific monitoring and emissions 
testing for NOX and VOCs in accordance with Federal 
reference methods. Alaska regularly assesses the adequacy of the 
monitoring network and submits that assessment to the EPA for review. 
In practice, Alaska operates an ozone monitoring network, compiles and 
analyzes collected data, and submits the data to the EPA's Air Quality 
System on a quarterly basis. We are therefore proposing to approve the 
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(B) for 
the 2015 ozone NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires states to include a program 
providing for enforcement of all SIP measures and the regulation of 
construction of new or modified stationary sources, including a program 
to meet PSD and nonattainment NSR requirements.
    State submission: With respect to enforcement, the submission 
states that a violation of the prohibitions in the Alaska State Air 
Plan, or any permit condition, can result in civil actions (AS 
46.03.760), administrative penalties (AS 46.03.761), or criminal 
penalties (AS 46.03.790). In addition, the submission references 
compliance order and administrative enforcement proceeding provisions 
found at 18 AAC Chapter 95. With respect to construction of new and 
modified stationary sources, the submission points to ADEC's statutory 
authority established in AS 46.14 Air Quality Control, Article 01 
General Regulations and Classifications and Article 02 Emission Control 
Permit Program and references the SIP-approved Alaska NSR programs.
    EPA analysis: We are proposing to find that the aforementioned 
Alaska statute provides ADEC authority to enforce air quality 
regulations, permits, and orders promulgated pursuant to AS 46.03 and 
AS 46.14. ADEC staffs and maintains an enforcement program to ensure 
compliance with SIP requirements. AS 46.03.820 Emergency powers affords 
ADEC emergency order authority when there is an imminent or present 
danger to health or welfare or potential for irreversible or 
irreparable damage to natural resources or the environment. Enforcement 
cases may be referred to the State Department of Law. Therefore, we are 
proposing to approve the Alaska SIP as meeting the requirements of CAA 
section 110(a)(2)(C) related to enforcement for the 2015 ozone NAAQS.
    To generally meet the requirements of CAA section 110(a)(2)(C) for 
regulation of construction of new or modified stationary sources, 
states are required to have PSD, nonattainment NSR, and minor NSR 
permitting programs adequate to implement the 2015 ozone NAAQS. As 
explained above, we are not evaluating nonattainment related 
provisions, such as the nonattainment NSR program required by part D, 
title I of the CAA.
    For the PSD portion of element 110(a)(2)(C) (as well as for the PSD 
portions of elements (D)(i)(II) and (J)) the EPA interprets the CAA to 
require an infrastructure submission that demonstrates a complete PSD 
permitting program meeting current requirements for all regulated NSR 
pollutants. Alaska has a SIP-approved PSD program, and the EPA most 
recently approved updates to the program on August 29, 2019 (84 FR 
45419). The current SIP-approved Alaska PSD permitting program 
incorporates by reference specific Federal requirements in 40 CFR 
52.21, 40 CFR 51.166, and 40 CFR part 51, appendix W, as of July 1, 
2017. We note the Alaska SIP includes the recent changes to air quality 
model guidelines in 40 CFR part 51, appendix W, promulgated by the EPA 
on January 19, 2017 (82 FR 5182). The most recent version of the 
appendix W model guidelines is referenced in 18 AAC 50.215 Ambient Air 
Quality Analysis Methods, and the rule provision is part of Alaska's 
SIP-approved PSD permitting program. See 40 CFR 52.96. The Alaska SIP-
approved PSD permitting program regulates NOX and VOCs as 
precursors to ozone, consistent with the EPA's implementing regulations 
at 40 CFR 51.166. We are therefore proposing to approve element 
110(a)(2)(C) for PSD with respect to the 2015 ozone NAAQS.
    Turning to the minor NSR requirement, the EPA originally approved 
Alaska's minor NSR program into the SIP on July 5, 1983 (48 FR 30623). 
As described previously under CAA section 110(a)(2)(A), we have 
approved revisions to Alaska's program as consistent with Federal minor 
NSR requirements set forth at 40 CFR 51.160 through 51.164. We have 
determined that the program regulates construction of new and modified 
minor sources for purposes of the 2015 ozone NAAQS, consistent with the 
EPA's implementing regulations at 40 CFR 51.160 through 51.164. 
Therefore, we are proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(C) for the 2015 ozone NAAQS.

110(a)(2)(D)(i): Interstate Transport

    CAA section 110(a)(2)(D)(i) is known as the ``good neighbor'' 
provision and generally requires SIPs to contain adequate provisions to 
prohibit in-state emissions activities from having certain adverse air 
quality effects on other states due to interstate transport of 
pollution. There are four so-called ``prongs'' within CAA section 
110(a)(2)(D)(i): Section 110(a)(2)(D)(i)(I) contains prongs 1 and 2, 
while section 110(a)(2)(D)(i)(II) includes prongs 3 and 4. This 
proposed action addresses prongs 3 and 4 only. We proposed action on 
the portion of the submission addressing CAA section

[[Page 55097]]

110(a)(2)(D)(i)(I) prongs 1 and 2 on June 5, 2019 (84 FR 26041).

110(a)(2)(D)(i)(II): Prongs 3 and 4

    Prongs 3 and 4 of the good neighbor provision require that a SIP 
contain adequate provisions prohibiting emissions which will interfere 
with any other state's required measures to prevent significant 
deterioration (PSD) of its air quality (prong 3) or which will 
interfere with any other state's required measures to protect 
visibility (prong 4). The EPA believes, as noted in the 2013 Guidance, 
that where a state has a SIP-approved PSD program, the state may rely 
on such a program to meet prong 3. Likewise, where a state's regional 
haze plan has been approved as meeting all current obligations, a state 
may rely upon those provisions in support of its demonstration for 
prong 4.
    Submission: The submission addresses CAA section 
110(a)(2)(D)(i)(II) prongs 3 and 4 for the 2015 ozone NAAQS by 
referencing the Alaska SIP-approved PSD and regional haze programs, 
respectively.
    EPA analysis: For purposes of CAA section 110(a)(2)(D)(i)(II) 
prongs 3 and 4, the EPA believes, as noted in the 2013 Guidance, that 
where a state has a SIP-approved PSD program, the state may rely on 
such a program to meet prong 3. Likewise, where a state's regional haze 
plan has been approved as meeting all current obligations, a state may 
rely upon those provisions in support of its demonstration for prong 4.
    As stated in the analysis for element CAA section 110(a)(2)(C) in 
this proposal, the Alaska SIP-approved PSD permitting program regulates 
NOX and VOCs as precursors to ozone, consistent with the 
EPA's implementing regulations at 40 CFR 51.166. Therefore, we are 
proposing to approve the Alaska SIP as meeting CAA section 
110(a)(2)(D)(i)(II) as it applies to PSD for the 2015 ozone NAAQS 
(prong 3). In addition, Alaska has a SIP-approved regional haze plan, 
approved by the EPA on February 14, 2013 (78 FR 10546). Because the 
regional haze plan was found to meet Federal requirements, we are 
proposing to approve the Alaska SIP as meeting CAA section 
110(a)(2)(D)(i)(II) as it applies to visibility for the 2015 ozone 
NAAQS (prong 4).

110(a)(2)(D)(ii): Interstate and International Transport Provisions

    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source and 
specifies how a state may petition the EPA when a major source or group 
of stationary sources in a state is thought to contribute to certain 
pollution problems in another state. CAA section 115 governs the 
process for addressing air pollutants emitted in the United States that 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare in a foreign country.
    State submission: The submission references Alaska's SIP-approved 
PSD program and certifies that Alaska has no pending obligations under 
CAA section 115 or 126.
    EPA analysis: At 18 AAC 50.306(b), Alaska's PSD program 
incorporates by reference the general provisions of 40 CFR 51.166(q)(2) 
to describe the public participation procedures for PSD permits, 
including requiring notice to states whose lands may be affected by the 
emissions of sources subject to PSD. As a result, Alaska's PSD 
regulations provide for notice consistent with CAA section 126(a) and 
Federal requirements. We confirm that Alaska has no pending obligations 
under section 115 or 126(b) of the CAA. Therefore, we are proposing to 
approve the Alaska SIP as meeting the requirements of CAA section 
110(a)(2)(D)(ii) for the 2015 ozone NAAQS.

110(a)(2)(E): Adequate Resources

    CAA section 110(a)(2)(E) requires each state to provide (i) 
necessary assurances that the state will have adequate personnel, 
funding, and authority under state law to carry out the SIP (and is not 
prohibited by any provision of Federal or state law from carrying out 
the SIP or portion thereof), (ii) requirements that the state comply 
with the requirements respecting state boards under CAA section 128 and 
(iii) necessary assurances that, where the state has relied on a local 
or regional government, agency, or instrumentality for the 
implementation of any SIP provision, the state has responsibility for 
ensuring adequate implementation of such SIP provision.
    State submission: The submission asserts that ADEC maintains 
adequate personnel, funding, and authority to implement the SIP. The 
submission refers to AS 46.14.030 State air quality control plan which 
provides ADEC statutory authority to act for the State and adopt 
regulations necessary to implement the State plan. The submission also 
references 18 AAC 50.030 State Air Quality Control Plan which provides 
regulatory authority to implement and enforce the SIP.
    With respect to CAA section 110(a)(2)(E)(ii), the submission states 
that Alaska's regulations on conflict of interest are found in Title 2 
Administration, Chapter 50 Alaska Public Offices Commission: Conflict 
of Interest, Campaign Disclosure, Legislative Financial Disclosure, and 
Regulations of Lobbying (2 AAC 50.010-2 AAC 50.920). Regulations 
concerning financial disclosure are found in Title 2, Chapter 50, 
Article 1--Public Official Financial Disclosure. The submission 
certifies there are no State air quality boards in Alaska. The ADEC 
commissioner, however, as an appointed official and the head of an 
executive agency, is required to file a financial disclosure statement 
annually with the Alaska Public Offices Commission (APOC). These 
disclosures are publicly available through APOC's Anchorage office.
    With respect to CAA section 110(a)(2)(E)(iii) and assurances that 
the State has responsibility for ensuring adequate implementation of 
the plan where the State has relied on local or regional government 
agencies, the submission references statutory authority and 
requirements for establishing local air pollution control programs 
found at AS 46.14.400 Local air quality control programs.
    The submission also states that ADEC provides technical assistance 
and regulatory oversight to local jurisdictions to ensure that the 
State Air Quality Control Plan and SIP objectives are satisfactorily 
carried out. ADEC has formal agreements with local entities to control 
emissions and improve air quality in specific localities.
    EPA analysis: With respect to CAA section 110(a)(2)(E)(i) adequate 
personnel, funding, and authority, AS 46.03.020 Powers of the 
department gives ADEC authority to adopt regulations providing for 
control, prevention and abatement of air pollution. 18 AAC 50.030 State 
Air Quality Control Plan authorizes ADEC to implement air pollution 
regulations across the State. ADEC receives CAA sections 103 and 105 
grant funds from the EPA and provides matching funds necessary to staff 
and carry out SIP requirements. Alaska statutes AS 46.14.240 and 250 
establish departmental authority to assess permit and emission fees, 
respectively. Subject sources must pay fees to ADEC for purposes of 
major new source review permitting in accordance with 18 AAC 50, 
Articles 3 and 4. In addition, although not formally approved into the 
SIP, Alaska's title V operating permit

[[Page 55098]]

program is a legal mechanism the State can use to ensure ADEC has 
sufficient personnel and resources to support the air program, 
consistent with the requirements of the SIP. Please see our analysis 
under the CAA section 110(a)(2)(L) element.
    For purposes of CAA section 110(a)(2)(E)(ii), we previously 
approved Alaska's conflict of interest disclosure and ethics 
regulations as meeting the requirements of CAA section 128 on October 
22, 2012 (77 FR 64427). This prior approval action fully satisfies the 
state board requirements of CAA section 110(a)(2)(E)(ii).
    Finally, with respect to CAA section 110(a)(2)(E)(iii), AS 
46.14.400 makes clear that, where the State has relied on a local or 
regional government, agency, or instrumentality for the implementation 
of any SIP provision, the State has responsibility for ensuring 
adequate implementation of the SIP. According to statute, ADEC enters 
into cooperative agreements with local entities to implement specific 
air quality control requirements. ADEC has done so with the 
Municipality of Anchorage and the Fairbanks North Star Borough. The 
State retains authority and oversight of local entities as specified in 
AS 46.14.400 and may terminate an inadequate local program in 
accordance with AS 46.14.401. Therefore, we are proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(E) 
for the 2015 ozone NAAQS.

110(a)(2)(F): Stationary Source Monitoring System

    CAA section 110(a)(2)(F) requires (i) the installation, 
maintenance, and replacement of equipment, and the implementation of 
other necessary steps, by owners or operators of stationary sources to 
monitor emissions from such sources, (ii) periodic reports on the 
nature and amounts of emissions and emissions-related data from such 
sources, and (iii) correlation of such reports by the state agency with 
any emission limitations or standards established pursuant to the CAA, 
which reports shall be available at reasonable times for public 
inspection.
    State submission: The submission states that ADEC has general 
statutory authority in AS 46.14 Air quality control to regulate 
stationary sources via an air permitting program which includes permit 
reporting requirements, completeness determinations, administrative 
actions, and stack source monitoring requirements. The submission 
states that ADEC has regulatory authority to determine compliance with 
these statutes via information requests (18 AAC 50.200) and ambient air 
quality investigations (18 AAC 50.201). Monitoring protocols and test 
methods for stationary sources are adopted by reference, including the 
Federal reference and interpretation methods for ozone. The submission 
also references the SIP-approved Alaska PSD program. Ambient air 
quality and meteorological data that are collected for PSD purposes by 
stationary sources are reported to ADEC on a quarterly and annual 
basis.
    EPA analysis: The Alaska SIP establishes compliance requirements 
for sources subject to major and minor source permitting to monitor 
emissions, keep and report records, and collect ambient air monitoring 
data. 18 AAC 50.200 Information Requests provides ADEC authority to 
issue information requests to an owner, operator, or permittee for 
purposes of ascertaining compliance. 18 AAC 50.201 Ambient Air Quality 
Investigations provides authority to require an owner, operator, or 
permittee to evaluate the effect emissions from the source have on 
ambient air quality. In addition, 18 AAC 50.306 Prevention of 
Significant Deterioration Permits and 18 AAC 50.544 Minor Permits: 
Content provide for establishing permit conditions to require the 
permittee to install, use and maintain monitoring equipment, sample 
emissions, provide source test reports, monitoring data, emissions 
data, and information from analysis, keep records and make periodic 
reports on process operations and emissions. This information is made 
available to the public through public processes outlined in these SIP-
approved rules.
    Additionally, states are required to submit emissions data to the 
EPA for purposes of the National Emissions Inventory (NEI). The NEI is 
the EPA's central repository for air emissions data. All states are 
required to submit a comprehensive emissions inventory every three 
years and report emissions for certain larger sources annually through 
the EPA's online Emissions Inventory System. As required, Alaska 
reports emissions data for the six criteria pollutants and their 
associated precursors--nitrogen oxides, sulfur dioxide, ammonia, lead, 
carbon monoxide, particulate matter, and volatile organic compounds. 
The EPA compiles the emissions data, supplementing it where necessary, 
and releases it to the general public through the website https://www.epa.gov/air-emissions-inventories. Based on the above analysis, we 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(F) for the 2015 ozone NAAQS.

110(a)(2)(G): Emergency Episodes

    CAA section 110(a)(2)(G) requires states to provide for authority 
to address activities causing imminent and substantial endangerment to 
public health, including contingency plans to implement the emergency 
episode provisions in their SIPs.
    State submission: The submission cites statutory authority 
including AS 46.03.820 Emergency powers which provides ADEC with 
emergency order authority where there is an imminent or present danger 
to the health or welfare of the people of the State or would result in 
or be likely to result in irreversible or irreparable damage to the 
natural resources or environment. The submission references 18 AAC 
50.245, authorizing ADEC to declare an air alert, air warning, or air 
advisory to notify the public and prescribe and publicize curtailment 
action, consistent with the EPA's emergency episode regulations at 40 
CFR 51.150 through 51.153, for purposes of the 2015 ozone NAAQS.
    EPA analysis: Section 303 of the CAA provides authority to the EPA 
Administrator to restrain any source from causing or contributing to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' The EPA finds that AS 
46.03.820 Emergency powers provides emergency order authority 
comparable to CAA Section 303. We also find that Alaska's emergency 
episode rule at 18 AAC 50.245, most recently approved by the EPA on 
September 8, 2017 (82 FR 40712), is consistent with the requirements of 
40 CFR 51.150 through 51.153 for ozone. Therefore, we are proposing to 
approve the Alaska SIP as meeting the requirements of CAA section 
110(a)(2)(G) for the 2015 ozone NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
the plan (i) from time to time as may be necessary to take account of 
revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds that the SIP is 
substantially inadequate to attain the NAAQS which it implements or to 
otherwise comply with any additional requirements under the CAA.
    State submission: The submission refers to statutory authority to 
adopt regulations to implement the CAA and the State air quality 
control program at AS 46.03.020(10)(A) Powers of the

[[Page 55099]]

department and AS 46.14.010(a) Emission control regulations.
    EPA analysis: The Alaska SIP provides for revisions as cited in the 
submission, and in practice, Alaska regularly submits SIP revisions to 
the EPA to account for changes to the NAAQS and other requirements. We 
most recently approved revisions to the Alaska SIP on August 29, 2019 
(84 FR 45419), September 8, 2017 (82 FR 42457), August 28, 2017 (82 FR 
40712), May 19, 2016 (81 FR 31511), March 18, 2015 (80 FR 14038), and 
September 19, 2014 (79 FR 56268). We are therefore proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(H) 
for the 2015 ozone NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    EPA analysis: There are two elements identified in CAA section 
110(a)(2) not governed by the three-year submission deadline of CAA 
section 110(a)(1), because SIPs incorporating necessary local 
nonattainment area controls are due on a different timeline, pursuant 
to section 172 and the various pollutant specific subparts 2 through 5 
of part D. As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment NSR or CAA section 
110(a)(2)(I).

110(a)(2)(J): Consultation With Government Officials

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and Federal Land Managers with 
respect to NAAQS implementation requirements pursuant to section 121. 
CAA section 110(a)(2)(J) further requires states to notify the public 
if NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. Lastly, CAA section 
110(a)(2)(J) requires states to meet applicable requirements of part C, 
title I of the CAA related to prevention of significant deterioration 
and visibility protection.
    State submission: The submission refers to statutory authority to 
consult and cooperate with officials of local governments, State and 
Federal agencies, and non-profit groups found at AS 46.030.020 Powers 
of the department, paragraphs (3) and (8). The submission states that 
municipalities and local air quality districts seeking approval for a 
local air quality control program shall enter into a cooperative 
agreement with ADEC according to AS 46.14.400 Local air quality control 
programs, paragraph (d). ADEC can adopt new CAA regulations only after 
a public hearing as per AS 46.14.010 Emission control regulations, 
paragraph (a). In addition, the submission notes that public notice and 
public hearing regulations for SIP submission and air quality discharge 
permits are found at 18 AAC 15.050 and 18 AAC 15.060. Finally, the 
submission also references the SIP-approved Alaska PSD program.
    EPA analysis: The EPA finds that the Alaska SIP, including the 
Alaska major NSR program, contains provisions for consulting with 
government officials as specified in CAA section 121. Alaska's SIP-
approved PSD program provides opportunity and procedures for public 
comment and notice to appropriate Federal, State and local agencies. We 
recently approved updates to the SIP-approved PSD program on August 29, 
2019 (84 FR 45419). In addition, we approved significant updates to the 
Alaska rules that define transportation conformity consultation on 
September 8, 2015 (80 FR 53735) and regional haze interagency planning 
on February 14, 2013, (78 FR 10546).
    ADEC routinely coordinates with local governments, states, Federal 
Land Managers and other stakeholders on air quality issues including 
transportation conformity and regional haze and provides notice to 
appropriate agencies related to permitting actions. Alaska regularly 
participates in regional planning processes including the Western 
Regional Air Partnership, which is a voluntary partnership of states, 
tribes, Federal Land Managers, local air agencies and the EPA, whose 
purpose is to understand current and evolving regional air quality 
issues in the West. Therefore, we are proposing to approve the Alaska 
SIP as meeting the requirements of CAA section 110(a)(2)(J) for 
consultation with government officials for the 2015 ozone NAAQS.
    Section 110(a)(2)(J) also requires the public to be notified if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. ADEC is a partner in 
the EPA's AIRNOW and Enviroflash Air Quality Alert programs, which 
provide air quality information to the public for five major air 
pollutants regulated by the CAA: Ground-level ozone, particulate 
matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide. Alaska 
also provides real-time air monitoring information to the public on the 
ADEC air quality website, in addition to air advisory information. We 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(J) for public notification for the 2015 ozone 
NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C of title I of the CAA, we 
have evaluated this requirement in the context of CAA section 
110(a)(2)(C) and permitting. Alaska has a SIP-approved PSD program, and 
the EPA most recently approved updates to the program on August 29, 
2019 (84 FR 45419). As described is this proposal as part of the 
analysis section for element CAA section 110(a)(2)(C), the Alaska SIP-
approved PSD permitting program regulates NOX and VOCs as 
precursors to ozone, consistent with the EPA's implementing regulations 
at 40 CFR 51.166. Therefore, we are proposing to approve the Alaska SIP 
as meeting the requirements of CAA section 110(a)(2)(J) for PSD for the 
2015 ozone NAAQS.
    With respect to visibility protection under element (J), the EPA 
recognizes that states are subject to visibility and regional haze 
program requirements under part C of the CAA. In the event of the 
establishment of a new NAAQS, however, the visibility and regional haze 
program requirements under part C do not change. Thus, we find that 
there is no new applicable requirement related to visibility triggered 
under CAA section 110(a)(2)(J) when a new NAAQS becomes effective.

110(a)(2)(K): Air Quality Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of air quality modeling as the Administrator may prescribe 
for the purpose of predicting the effect on ambient air quality of any 
emissions of any air pollutant for which the Administrator has 
established a NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    State submission: The submission states that air quality modeling 
is regulated under 18 AAC 50.215(b) Ambient Air Quality Analysis 
Methods. Estimates of ambient concentrations and visibility impairment 
must be based on applicable air quality models, databases, and other 
requirements specified in the EPA's Guideline on Air Quality Models are 
adopted by reference in 18 AAC 50.040 Federal Standards Adopted by 
Reference. Baseline dates and maximum allowable increases are found in 
Table 2 and Table 3, respectively, at 18 AAC 50.020 Baseline Dates and 
Maximum Allowable Increases.
    EPA analysis: On August 29, 2019 we approved revisions to 18 AAC 
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal 
Standards Adopted by Reference (84 FR 45419). 18 AAC 50.040, at 
paragraph (f), adopts by reference the EPA regulations at 40 CFR part 
51, appendix W, Guidelines on Air

[[Page 55100]]

Quality Models revised as of July 1, 2017. The Alaska SIP incorporates 
the EPA's revisions and additions to appendix W promulgated on January 
17, 2017 (82 FR 5182). Therefore, we are proposing to approve the 
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(K) for 
the 2015 ozone NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) directs SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit.
    State submission: The submission states that ADEC's statutory 
authority to assess and collect permit fees is established in AS 
46.14.240 Permit administration fees and AS 46.14.250 Emission fees. 
The permit fees for stationary sources are assessed and collected by 
the Air Permits Program according to 18 AAC 50, Article 4. ADEC is 
required to evaluate emission fee rates at least every four years and 
provide a written evaluation of the findings (AS 46.14.250(g); 18 AAC 
50.410).
    EPA analysis: The EPA fully-approved Alaska's title V program on 
July 26, 2001 (66 FR 38940). While Alaska's operating permit program is 
not formally approved into the SIP, it is a legal mechanism the State 
can use to ensure that ADEC has sufficient resources to support the air 
program, consistent with the requirements of the SIP. Before the EPA 
can grant full title V approval, a state must demonstrate the ability 
to collect adequate fees. The Alaska title V program included a 
demonstration the State will collect a fee from title V sources above 
the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i).
    In addition, Alaska SIP-approved regulations at 18 AAC 50.306(d)(2) 
and 18 AAC 50.311(d)(2) require fees for purposes of major new source 
permitting as specified in 18 AAC 50, Article 4. Therefore, we are 
proposing to conclude that Alaska has satisfied the requirements of CAA 
section 110(a)(2)(L) for the 2015 ozone NAAQS.

110(a)(2)(M): Consultation/Participation by Affected Local Entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    State submission: The submission states that ADEC has authority to 
consult and cooperate with officials and representatives of any 
organization in the State; and persons, organization, and groups, 
public and private using, served by, interested in, or concerned with 
the environment of the State. The submission refers to AS 46.030.020 
Powers of the department paragraphs (3) and (8) which provide authority 
to ADEC to consult and cooperate with affected State and local 
entities.
    EPA analysis: The EPA finds that the Alaska provisions cited above 
provide for local and regional authorities to participate and consult 
in the SIP development process. Therefore, we are proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(M) 
for the 2015 ozone NAAQS.

V. Proposed Action

    We are proposing to approve the Alaska SIP as meeting the following 
CAA section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS: 
(A), (B), (C), (D)(i)(I), (D)(ii), (E), (F), (H), (J), (K), (L), and 
(M).

VI. Statutory and Executive Order 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, 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);
     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).
    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 and 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).

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: September 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-22327 Filed 10-11-19; 8:45 am]
BILLING CODE 6560-50-P