[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29879-29882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09874]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-R10-OAR-2019-0412; FRL-10008-76-Region 10]


Determination of Failure To Attain by the Attainment Date and 
Denial of Serious Area Attainment Date Extension Request; AK: Fairbanks 
North Star Borough 2006 24-Hour Fine Particulate Matter Serious 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Fairbanks North Star Borough nonattainment area 
failed to attain the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS) by 
the December 31, 2019 ``Serious'' area attainment date. This proposed 
determination is based on complete, quality-assured and certified 
PM2.5 monitoring data for 2017-2019. The EPA is also 
proposing to deny the State's request for an extension of the Serious 
area attainment date for the Fairbanks North Star Borough nonattainment 
area. Upon finalization of these determinations, the State will be 
subject to further statutory and regulatory requirements for this area, 
including a new State Implementation Plan (SIP) submission meeting 
additional requirements that the State must submit by December 31, 
2020.

DATES: Comments must be received on or before June 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0412, 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 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: Matthew Jentgen at (206) 553-0340, or 
[email protected].

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

Table of Contents

I. Summary of Proposal and Background
II. Criteria for Determining Whether an Area Has Attained the 2006 
24-Hour PM2.5 NAAQS

[[Page 29880]]

III. Proposed Finding of Failure To Attain the NAAQS
IV. Proposed Action on CAA Section 188(e) Extension Request
V. Summary of Proposed Action
VI. Statutory and Executive Order Reviews

I. Summary of Proposal and Background

    In 2009, the EPA designated a portion of the Fairbanks North Star 
Borough as ``nonattainment'' for the 2006 24-hour PM2.5 
NAAQS of 35 micrograms per cubic meter ([mu]g/m\3\) (Fairbanks 
PM2.5 Nonattainment Area) (74 FR 58688, November 13, 2009). 
On May 10, 2017, the Fairbanks PM2.5 Nonattainment Area was 
reclassified as a ``Serious'' nonattainment area by operation of law 
for failure to attain this NAAQS by the outermost Moderate area 
attainment date of December 31, 2015 (82 FR 21711). Clean Air Act (CAA) 
section 188(c)(2) requires states with PM2.5 nonattainment 
areas classified as Serious to attain the NAAQS as expeditiously as 
practicable, but no later than the end of the tenth calendar year 
following the effective date of the initial nonattainment designation 
of the area. Thus, for the Fairbanks PM2.5 Nonattainment 
Area, the attainment date was as expeditiously as practicable but no 
later than December 31, 2019. CAA section 179(c)(1) requires that the 
EPA, as expeditiously as practicable after the applicable attainment 
date for any nonattainment area but no later than 6 months after such 
date, determine whether the area attained the relevant NAAQS by the 
applicable attainment date, based on the area's air quality as of the 
attainment date. The 2017-2019 24-hr PM2.5 design value at 
the Hurst Road monitor (Air Quality System (AQS) site monitor 02-900-
0035) in the Fairbanks PM2.5 Nonattainment Area is 69 [mu]g/
m\3\.\1\
---------------------------------------------------------------------------

    \1\ The EPA's review of Alaska's certified 2017-2019 air quality 
monitor data for the Fairbanks PM2.5 Nonattainment Area 
is included in the docket for this action.
---------------------------------------------------------------------------

    In accordance with CAA section 189(b)(1) and 40 CFR 51.1004(a)(2), 
if a state's attainment plan for the 2006 24-hour PM2.5 
NAAQS demonstrates that the PM2.5 nonattainment area cannot 
practicably attain the PM2.5 NAAQS by the end of the tenth 
calendar year following designation, the state must request an 
extension of that attainment date pursuant to CAA section 188(e). The 
State included such a request in its December 13, 2019 Serious 
attainment plan for the Fairbanks PM2.5 Nonattainment Area 
(Fairbanks Serious SIP Submission).

II. Criteria for Determining Whether an Area Has Attained the 2006 24-
Hour PM2.5 NAAQS

    Under EPA regulations at 40 CFR part 50, appendix N, the 2006 
primary and secondary 24-hour PM2.5 NAAQS are met within a 
nonattainment area when the 24-hour PM2.5 NAAQS design value 
at each eligible monitoring site is less than or equal to 35 [mu]g/
m\3\. Three years of valid annual PM2.5 98th percentile mass 
concentrations are required to produce a valid 24-hour PM2.5 
NAAQS design value.
    The EPA's determination of attainment status is based upon data 
that the State has collected and quality-assured in accordance with 40 
CFR part 58 and recorded in the EPA's AQS database. Ambient air quality 
monitoring data for the 3-year period must meet data completion 
criteria or data substitution criteria according to 40 CFR part 50, 
appendix N. The ambient air quality monitoring data completeness 
requirements are met when quarterly data capture rates for all four 
quarters in a calendar year are at least 75 percent. However, appendix 
N states that years shall be considered valid, notwithstanding quarters 
with less than complete data, if the resulting annual 98th percentile 
value or resulting 24-hour NAAQS design value is greater than the level 
of the standard.

III. Proposed Finding of Failure To Attain the NAAQS

    According to CAA section 188(c)(2), the attainment date for the 
Fairbanks PM2.5 Nonattainment Area for the 2006 24-hr 
PM2.5 Serious nonattainment area was to be as expeditiously 
as practicable, but not later than December 31, 2019. Because the 2017-
2019 24-hour PM2.5 design value for the area of 69 [mu]g/
m\3\ is above the level of the relevant NAAQS, the Fairbanks 
PM2.5 Nonattainment Area did not attain the NAAQS by the 
applicable attainment date. Therefore, the EPA is proposing to find 
that the Fairbanks PM2.5 Nonattainment Area failed to attain 
the 2006 24-hour NAAQS by the outermost applicable Serious area 
nonattainment date.

IV. Proposed Action on CAA Section 188(e) Extension Request

    In accordance with CAA section 189(b)(1)(A) and 40 CFR 
51.1004(a)(2)(ii), a state that submits an attainment plan SIP 
submission that demonstrates that a Serious PM2.5 
nonattainment area cannot practicably attain the PM2.5 NAAQS 
by the end of the tenth calendar year following the effective date of 
designation \2\ must request to extend the Serious area attainment date 
pursuant to CAA section 188(e) and 40 CFR 51.1005(b). In accordance 
with 40 CFR 51.1004(a)(2)(ii), the state's extension request must also 
propose a projected attainment date that is as expeditious as 
practicable, but no later than the fifteenth calendar year following 
the effective date of designation for the area.\3\
---------------------------------------------------------------------------

    \2\ For the Fairbanks PM2.5 Nonattainment Area, the 
tenth calendar year following the effective date of redesignation is 
December 31, 2019.
    \3\ For the Fairbanks PM2.5 Nonattainment Area, the 
fifteenth calendar year following the effective date of designation 
is December 31, 2024.
---------------------------------------------------------------------------

    Consistent with CAA section 188(e) and 40 CFR 51.1005(b), the EPA 
may grant at most one extension for a Serious nonattainment area of no 
more than five years, if the following conditions are met: (i) The 
state demonstrates that attainment of the applicable PM2.5 
NAAQS by the approved or statutory attainment date for the area would 
be impracticable; (ii) the state has complied with all requirements and 
commitments pertaining to the area in the applicable implementation 
plan; and, (iii) the state demonstrates that the attainment plan for 
the area includes the most stringent measures (MSM) that are included 
in the implementation plan of any state or are achieved in practice in 
any state, and can feasibly be implemented in the area consistent with 
40 CFR 51.1010(b).
    The Fairbanks Serious SIP Submission includes a demonstration that 
attainment of the PM2.5 NAAQS by December 31, 2019, is not 
practicable. The Fairbanks Serious SIP Submission also includes a 
request pursuant to CAA section 188(e) and 40 CFR 51.1005(b) to extend 
the Serious area nonattainment date to December 31, 2024.\4\ The EPA is 
proposing to deny the State's extension request based on the reasoning 
below.
---------------------------------------------------------------------------

    \4\ State Air Quality Control Plan Volume II: III.D.7.9.
---------------------------------------------------------------------------

    Alaska's request does not propose a projected attainment date on or 
before December 31, 2024. The Attainment Demonstration chapter of the 
Fairbank Serious SIP Submission includes two projected attainment 
dates: December 31, 2024 and December 31, 2029.\5\ As explained by the 
State in the Fairbanks Serious SIP Submission, the modeling associated 
with the 2024 projected attainment date assumes that all wood-burning 
within the nonattainment area ceases when required (i.e., 100% 
compliance with the Stage 2 curtailments except for those structures 
that qualify for No Other Adequate

[[Page 29881]]

Source of Heat (NOASH) waivers).\6\ According to the State, however, 
due to the sub-arctic conditions and high energy costs in the 
community, this projection is unrealistic and not practicable.\7\ The 
State thus predicts that 2029 is the most expeditious attainment date. 
Therefore, the State's attainment date extension request does not 
comply with the explicit timing requirements and limitations of 40 CFR 
51.1004(a)(2)(ii) or with those of CAA section 188(e).
---------------------------------------------------------------------------

    \5\ Id.
    \6\ Id. at 5.
    \7\ Id.
---------------------------------------------------------------------------

    The Fairbanks Serious SIP Submission also does not include MSMs 
that are included in the attainment plan of any state, or are achieved 
in practice in any state, that can feasibly be implemented in the 
Fairbanks area. EPA regulations at 40 CFR 51.1010(b) specify the 
process states must follow to identify, adopt, and implement MSMs. In 
accordance with 40 CFR 51.1010(b)(2)(i), for the sources and source 
categories represented in the emission inventory for the nonattainment 
area, the state is required to identify the MSMs for reducing direct 
PM2.5 and PM2.5 plan precursors adopted into any 
SIP or used in practice to control emissions in any state. The 
Fairbanks Serious SIP Submission does not demonstrate that Alaska 
identified, adopted, and implemented MSMs for each source or source 
category in the emissions inventory. The Control Strategy chapter of 
the Fairbanks Serious SIP Submission focuses exclusively on 
identifying, adopting, and implementing best available control measures 
(BACM) pursuant to CAA section 189(b) and 40 CFR 51.1010(a).\8\
---------------------------------------------------------------------------

    \8\ State Air Quality Control Plan Volume II: III.D.7.7. The EPA 
is not proposing action on the control strategy element of the 
Fairbanks Serious SIP Submission. Therefore, nothing in this 
proposed action shall be construed as a determination regarding 
whether the Fairbanks Serious SIP Submission includes control 
measures that meet the CAA and regulatory requirements.
---------------------------------------------------------------------------

    In the Fairbanks Serious SIP Submission, Alaska adopted one measure 
that it identified as an MSM for the residential home heating source 
category.\9\ However, instead of imposing this measure for purposes of 
meeting the MSM requirement for this source category, the State relies 
upon this same measure to address the contingency measure requirement 
of the Serious area attainment plan SIP.\10\ Thus, for the one measure 
the State identified as constituting an MSM, the measure is not 
currently implemented as required to meet the MSM requirement. In 
addition, in accordance with 40 CFR 51.1014(b)(1), contingency measures 
cannot consist of a measure required or relied upon as part of the 
control strategy.\11\
---------------------------------------------------------------------------

    \9\ State Air Quality Control Plan Volume II: III.D.7.7-33.
    \10\ Alaska Administrative Code, Title 18, Section 50.077(n).
    \11\ The EPA is not proposing action on the contingency measure 
element of the Fairbanks Serious SIP Submission. Therefore, nothing 
in this proposed action shall be construed as a determination 
regarding whether the Fairbanks Serious SIP Submission includes 
contingency measures that meet the CAA and regulatory requirements.
---------------------------------------------------------------------------

    The submitted Fairbanks Serious SIP Submission does not demonstrate 
that the State has identified, adopted, and implemented MSMs for 
reducing direct PM2.5 and PM2.5 plan precursors. 
Additionally, the State's attainment date extension request also does 
not comply with the explicit timing requirements and limitations of 40 
CFR 51.1004(a)(2)(ii) or with those of CAA section 188(e). For these 
reasons, the EPA is proposing to deny the State's request to extend the 
Serious area attainment date applicable to the Fairbanks 
PM2.5 Nonattainment Area for the 2006 24-hour 
PM2.5 NAAQS because the State's SIP submission does not meet 
all applicable statutory and regulatory requirements.

V. Summary of Proposed Action

    In this action, the EPA is proposing to determine that the 
Fairbanks PM2.5 Serious Nonattainment Area failed to attain 
the 2006 24-hour PM2.5 NAAQS by the applicable attainment 
date of December 31, 2019. The EPA is also proposing to deny Alaska's 
request for an extension of the Serious nonattainment date because the 
statutory conditions for granting an extension are not met. The EPA is 
taking comment on these two proposed actions.
    If the EPA finalizes this action, the State will then be required 
to make a SIP submission pursuant to CAA section 189(d) to the EPA by 
December 31, 2020. In accordance with CAA sections 172(a)(2) and 
179(d)(3) and 40 CFR 51.1004(a)(3), the attainment date for a Serious 
PM2.5 nonattainment area that failed to attain the 
PM2.5 NAAQS by the applicable Serious area attainment date 
presumptively shall be as expeditious as practicable, but no later than 
five years following the effective date of the EPA's finding that the 
area failed to attain by the original Serious area attainment date. 
However, the EPA may extend the attainment date to the extent the EPA 
deems appropriate, for a period no greater than 10 years from the 
effective date of the EPA's determination that the area failed to 
attain, considering the severity of nonattainment and the availability 
and feasibility of pollution control measures in the area.

VI. Statutory and Executive Order Reviews

    This proposed action establishes no new requirements; it merely 
documents that air quality in the Fairbanks PM2.5 
Nonattainment Area did not meet the 2006 PM2.5 standards by 
the CAA deadline. 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 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).
    The SIP obligations discussed herein do 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. This proposed action 
does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt

[[Page 29882]]

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, 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: April 30, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-09874 Filed 5-18-20; 8:45 am]
BILLING CODE 6560-50-P