[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64105-64108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24965]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0216, FRL-9168-01-R10]
Air Plan Approval; AK; Incorporation by Reference Updates and
Permit Program Revisions
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)
submitted on November 10, 2020. The revisions update the adoption by
reference of certain Federal air regulations and add a pre-approved
emission limit option that may be used to permit diesel engine
facilities, among other changes. The EPA is proposing to approve the
submitted revisions as consistent with Clean Air Act requirements.
DATES: Comments must be received on or before December 17, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0216, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.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
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making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' and ``our''
mean ``the EPA''.
Table of Contents
I. Background
II. Evaluation of Submission
A. Updates to Adoption by Reference
B. Pre-Approved Emission Limit Option
C. Electronic Notification and Reporting
D. Standard Permit Conditions
E. Contingency Measures
F. Editorial Changes
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS) established by the EPA for the criteria pollutants (carbon
monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur
dioxide). The SIP is governed by section 110 of the Clean Air Act
(CAA), and contains such elements as air pollution control regulations,
emission inventories, monitoring network, attainment demonstrations,
and enforcement mechanisms. The SIP is a living compilation of these
elements and is revised and updated by the state over time--to remain
consistent with Federal requirements and to address changing air
quality conditions in the state.
Alaska establishes state air quality requirements in Alaska
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air
Quality Control (18 AAC 50). The State then submits these provisions
for EPA approval and incorporation by reference into the Alaska SIP in
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart C,
making the provisions federally enforceable. The Alaska SIP includes a
variety of air pollution control measures, including permitting
programs designed to limit emissions from new and modified major and
minor stationary sources. To ensure the permitting programs remain
consistent with Federal requirements, the State adopts certain
provisions of the Federal air regulations by reference as of a certain
date and submits updates to the EPA for approval. Alaska also makes
periodic changes to State permitting programs to improve implementation
and to address changing air quality conditions in the State.
II. Evaluation of Submission
A. Updates to Adoption by Reference
On November 10, 2020, Alaska submitted revisions to the SIP that,
among other things, update the adoption by reference of certain Federal
regulations as of July 1, 2019.\1\ These regulations include Federal
test procedures and methods, major source pre-construction permitting
requirements, public notice requirements for stationary source permits,
guidelines on air quality models, and specific air quality definitions
used in the Alaska SIP and adopted by reference in 18 AAC 50.035, 040,
250, 311, 502, and 990.
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\1\ The November 10, 2020, SIP revision also requests EPA
approval of the Mendenhall Valley and Eagle River Limited
Maintenance Plans. We are addressing these submitted plans in
separate actions. Please see our proposed rulemakings published
August 11, 2021 (86 FR 43984), and September 2, 2011 (86 FR 49278).
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Alaska also submitted a revision to 18 AAC 50.077 to correct the
date by which the State has adopted the National Fireplace Institute
Policy Handbook. This change corrects the date of adoption from
November 19, 2019, to November 22, 2019, the date on which the Hearth,
Patio and Barbeque Board of Governors formally adopted the National
Fireplace Institute Policy Handbook in its current form. In addition,
the submitted revisions update references in 18 AAC 50.015 to area
designations and classifications codified in 40 CFR part 81, revised as
of July 1, 2019.
We have evaluated the submitted adoption updates and propose to
approve them because these routine updates are designed keep state
requirements current with requirements for SIPs. Additional details on
the adoption updates may be found in the submission which is placed in
the docket for this action.
B. Pre-Approved Emission Limit Option
Alaska submitted a revision to the SIP to add a pre-approved
emission limit option to the existing minor stationary source
permitting program. This new option, added to 18 AAC 50.230, is
available to certain diesel engine facilities comprised entirely of
newer, cleaner ``EPA-tiered'' diesel engines. EPA-tiered diesel engines
are designed and manufactured to be cleaner-burning than older, pre-
tiered engines.
Under this option, Alaska establishes standard fuel limits based on
engine type, capacity, and certification tier under the EPA New Source
Performance Standards for Stationary Compression Ignition Internal
Combustion Engines.\2\ The standard fuel limits are designed to
effectively limit nitrogen oxide emissions to below the nitrogen oxide
minor source permitting threshold, and by adhering to the fuel limit,
sources may be able to avoid more complex permitting requirements in 18
AAC 50.
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\2\ Codified at 40 CFR part 60, subpart IIII, most recently
revised on November 13, 2019, at 84 FR 61563.
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The EPA has recognized that for certain classes of sources, such as
fuel-burning equipment, it is possible for states to establish
enforceable emission limits that serve to limit potential to emit
through exclusionary rules that apply to certain source categories.\3\
To be approvable, an exclusionary rule must, among other things, be
technically justified, require that the owner or operator specifically
apply for coverage under the rule, require the applicant to comply with
the limit in the rule, and provide that a violation of the rule is a
violation of the SIP.\4\
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\3\ See Memorandum from JD Kent Berry, Acting Director, Air
Quality Management Division, Office of Air Quality Planning and
Standards (OAQPS), entitled ``Guidance for State Rules for Optional
Federally-Enforceable Emissions Limits Based on Volatile Organic
Compound Use,'' dated October 15, 1993; Memorandum from John Seitz,
Director, OAQPS, entitled ``Approaches for Creating Federally-
Enforceable Emission Limits,'' dated November 3, 1993; Memorandum
from Kathie A. Stein, Director, Air Enforcement Division, Office of
Enforcement and Compliance Assurance, entitled ``Enforceability
Requirements for Limiting Potential to Emit Through SIP Rules and
General Permits,'' dated January 25, 1995 (``Enforceability
Requirements for Limiting PTE''); Memorandum from John Seitz,
Director, OAQPS, entitled ``Potential to Emit Guidance for Specific
Source Categories,'' dated April 14, 1998.
\4\ Enforceability Requirements for Limiting PTE, at 6.
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Alaska's new pre-approved limit option is an exclusionary rule that
allows a subject source to limit nitrogen oxide emissions by limiting
the amount of diesel fuel used during the year. Alaska used updated EPA
emissions factors to calculate the maximum quantity of fuel that may be
burned by a specific engine type and certification tier, while staying
below the 40 tons per year minor source potential to emit threshold in
the Alaska SIP for nitrogen oxide emissions (18 AAC 50.502(c)(1)(B)).
The submission states that the new option establishes ``a diesel fuel
limit corresponding to the lowest tiered engine at the facility;
allowing 200,000; 300,000; 500,000; and 1,000,000 gallons of diesel
fuel be consumed in any 12 consecutive months for engine tiers 1; 2; 3;
and 4 respectively.'' Alaska compiled these
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fuel limits for the pre-approved emission limit option into a new
table, Table 5a, added to 18 AAC 50.230.
In addition, Alaska established specific procedures a source must
follow to operate under a pre-approved limit. To qualify for coverage,
a source must submit a request to the State to operate under a specific
limit in Table 5a, and a source must provide information justifying
they qualify for coverage under the limit. After submitting the
request, a source must follow specific monitoring, recordkeeping, and
reporting requirements to ensure compliance with the limit.
The first pre-approved emission limit option for limiting nitrogen
oxide emissions from certain stationary diesel engines was approved by
the EPA as consistent with EPA exclusionary rules on August 14, 2007
(72 FR 45378). We have reviewed the new pre-approved emission limit
option submitted on November 10, 2021, and find it is consistent with
EPA guidance for exclusionary rules. Therefore, we proposed to approve
the revision to 18 AAC 50.230 and incorporate it by reference into the
Alaska SIP.
C. Electronic Notification and Reporting
Alaska submitted revisions to several rules to clarify permit
notification to the EPA and modernize permit reporting processes (18
AAC 50.205, 230, 502 and 542). Alaska revised minor source permit
procedural requirements to make clear that upon receipt of a complete
minor source permit application, the Alaska Department of Environmental
Conservation (ADEC) will not only notify the public and interested
parties via SIP-approved procedures, but will also notify the EPA,
consistent with EPA regulations at 40 CFR 51.161. In addition, Alaska
revised the minor source permit regulations to encourage stationary
source owners and operators to submit reports and other documents
electronically to ADEC. Finally, Alaska added a requirement that permit
reports and other documents be signed using state-approved digital
signature procedures.
We propose to approve the electronic notification and reporting
changes because they clarify SIP-approved requirements and are
consistent with 40 CFR 51.161 public notice requirements for minor pre-
construction permits and EPA guidance on federally enforceable state
operating permit programs (54 FR 27274, June 28, 1989).
D. Standard Permit Conditions
The provision at 18 AAC 50.346 sets forth and incorporates by
reference conditions that are required to be in certain air permits,
unless ADEC determines that emissions unit-specific or stationary
source-specific conditions more adequately meet the requirements of
state air quality regulations in 18 AAC 50 or, in some cases, that no
comparable condition is appropriate for the stationary source or
emissions unit. This provision is not currently in the SIP. In the
November 10, 2020, SIP submission, Alaska made changes to this
regulation and the standard conditions it incorporates by reference.
The EPA continues to believe that 18 AAC 50.346 is not appropriate
for SIP approval. By its terms, the standard conditions referenced in
this section are used in permits ``unless the department determines
that emissions unit-specific or stationary source-specific conditions
more adequately meet the requirements of this chapter.'' Therefore, the
final decision on the extent to which such permit conditions, or
modifications thereof, are included in a permit issued under the SIP is
made in the context of issuing the permit. See generally 80 FR 33840,
pp. 33917-33918 (June 12, 2015). After consultation with the EPA, ADEC
requested to remove this rule and associated standard conditions from
the submission.
E. Contingency Measures
The submitted revisions to the SIP add new rule language to
centralize contingency measure triggers for nonattainment and
maintenance areas in the state. There is only one nonattainment area in
Alaska, specifically the Fairbanks North Star Borough fine particulate
matter (PM2.5) nonattainment area. There are also are a
handful of areas that were formerly in nonattainment for carbon
monoxide and coarse particulate matter (PM10), but that have
since been redesignated to attainment based on an approved maintenance
plans that include contingency measures.
The revisions add paragraph (c) to 18 AAC 50.030 to specify that
contingency measures are triggered upon (1) the effective date of an
EPA finding that the area failed to attain the NAAQS by the applicable
attainment date, failed to meet a quantitative milestone, failed to
submit a required quantitative milestone report, or failed to meet a
reasonable further progress requirement, or (2) an occurrence of a
condition identified in the State Air Quality Control Plan as requiring
implementation of a contingency measure. We have reviewed the
centralized contingency measure provision and propose to approve it
because it is consistent with title I, part D nonattainment and
maintenance planning requirements and is also consistent with the EPA's
implementing regulations for PM2.5 in 40 CFR part 51,
subpart Z.
F. Editorial Changes
The revisions to the SIP also include editorial changes to several
rules to update the name of the Port of Alaska and to make consistent
use of terms and fix cross-references. We propose to approve the
editorial changes because they are administrative in nature and do not
change the meaning of the regulations.
III. Proposed Action
The EPA is proposing to approve, and incorporate by reference, the
regulatory revisions to the Alaska SIP submitted on November 10, 2020,
as being consistent with CAA section 110 and part C and D requirements.
Upon final approval, the Alaska SIP will include the following
regulations, State effective November 7, 2020:
18 AAC 50.015 Air Quality Designations, Classifications,
and Control Regions;
18 AAC 50.030 State Air Quality Control Plan, except (a);
18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except (a)(6), (a)(9), and (b)(4);
18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (j) and (k);
18 AAC 50.077 Standards for Wood-Fired Heating Devices,
except (h);
18 AAC 50.205 Certification;
18 AAC 50.230 Preapproved Emission Limits;
18 AAC 50.250 Procedures and Criteria for Revising Air
Quality Classifications;
18 AAC 50.311 Nonattainment Area Major Stationary Source
Permits;
18 AAC 50.502 Minor Permits for Air Quality Protection;
18 AAC 50.540 Minor Permit: Application;
18 AAC 50.542 Minor Permit: Review and Issuance; and
18 AAC 50.990 Definitions.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in Section III of this preamble. The
EPA has made, and will continue to make, these documents generally
available through https://www.regulations.gov and at the EPA
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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 EPA 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);
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 application of the requirements would be inconsistent
with the CAA; 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 rulemaking would 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 proposed rulemaking 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 8, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-24965 Filed 11-16-21; 8:45 am]
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