[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Proposed Rules]
[Pages 2873-2876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00817]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0721, FRL-10452-01-R10]


Air Plan Approval; AK; Adoption and Permitting Rule Updates

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 submitted on 
May 16, 2022, and August 11, 2022. The revisions proposed for approval 
update Alaska's adoption by reference date for Federal regulations 
relied upon for implementation of the air program, including permitting 
requirements and air pollution test methods. The revisions also add 
procedures for electronic submission of documents for air permits and 
other authorizations, update air permitting and emission fees, add 
additional clarifying language to the fee provisions, and specify 
emissions inventory reporting requirements. The EPA is proposing to 
approve the submitted revisions as consistent with Clean Air Act 
requirements.

DATES: Comments must be received on or before February 17, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0721, 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

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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: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue, Suite 155, Seattle, WA 98101, at (206) 553-0256 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. Fees
    C. Electronic Permit Application and Reporting Procedures
    D. Emissions Inventory
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Each state has a State Implementation Plan (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, 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 to address changing air quality conditions in the state.
    Alaska establishes state air pollution regulations 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. The EPA makes the provisions federally enforceable by 
approving the provisions into the Alaska SIP in the Code of Federal 
Regulations (CFR) at 40 CFR part 52, subpart C. Important air pollution 
control measures in the SIP are the Alaska permitting programs designed 
to limit emissions from new construction and modification of industrial 
facilities, called stationary sources under the Federal Clean Air Act. 
To ensure the permitting programs remain consistent with Federal 
requirements, the state adopts specific parts of EPA air regulations by 
reference as of a certain date and regularly submits the adoption 
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.

II. Evaluation of Submission

A. Updates to Adoption by Reference

    On May 16, 2022, Alaska submitted revisions to the SIP that update 
the adoption by reference of certain Federal regulations. Alaska's May 
16, 2022, submittal also included revisions regarding ice fog and 
sulfur dioxide special protection areas, which are outside the scope of 
this action and will be addressed in a separate, future proposed 
rulemaking.
    With respect to the adoption by reference of certain Federal 
regulations, Alaska updated 18 AAC 50.035(b) which includes the 
adoption by reference of Federal test procedures and methods for 
determining compliance with the NAAQS contained in 40 CFR part 50, 
Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S and T, as well as the 
recommended test methods for SIPs contained in 40 CFR part 51, Appendix 
M. Alaska made no substantive changes to 18 AAC 50.035(b) since the 
EPA's last approval on February 10, 2022 (87 FR 7722) other than 
updating the adoption by reference date from July 1, 2019 to March 23, 
2021. No other revisions to 18 AAC 50.035 were submitted for approval. 
Therefore, we will continue to exclude 18 AAC 50.035 subsections 
(a)(6), (a)(9), and (b)(4) which were not submitted for approval, 
consistent with the current SIP.
    Alaska also updated the adoption by reference date for Federal 
regulations relied upon in 18 AAC 50.040(h) and (i) to implement 
permitting programs designed to limit emissions from new and modified 
stationary sources. In AAC 50.040(h), Alaska adopts by reference 
specific provisions of 40 CFR 51.166 and 40 CFR part 52 related to the 
Prevention of Significant Deterioration (PSD) permitting program which 
regulates the construction or modification of major stationary sources 
in areas designated by the EPA as having criteria pollutant 
concentrations meeting the NAAQS, often called attainment or 
unclassifiable/attainment areas. In AAC 50.040(i), Alaska adopts by 
reference certain Federal permitting requirements contained in 40 CFR 
51.165 related to the construction or modification of major stationary 
sources in areas that the EPA has designated as having criteria 
pollutant concentrations above NAAQS, called nonattainment areas.\1\ 
Alaska made no substantive changes to AAC 50.040(h) and (i) since the 
EPA's February 2022 approval other than updating the adoption by 
reference date from July 1, 2019, to November 24, 2020. Consistent with 
the current SIP, Alaska did not submit subsections (a), (b), (c), (d), 
(e), (g), (j) and (k) for EPA approval.
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    \1\ For more information, please see ``technical support 
documents Alaska Part D NSR 165 IBR memo'' included in the docket 
for this action.
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    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. Fees

    By state statute, the Alaska Department of Environmental 
Conservation (ADEC) is required to evaluate permit administration fees, 
compliance fees, and air quality emission fees every four years and 
provide the results in a report. On August 8, 2022, Alaska revised 18 
AAC 50.400(d) through (h) to update the fee provisions consistent with 
the results of ADEC's 2021 Fee Study Report and submitted these changes 
as an update to the SIP on August 11, 2022. A redline/strikeout 
comparison of the updates to 18 AAC 50.400(d) through (h) is included 
in the docket for this action (comparison.docx). In addition to 
updating the fees, ADEC added clarifying language and added additional 
language to address certain source categories such as asphalt plants, 
rock crushers, and portable oil and gas operations.
    We have evaluated the submitted fee revisions and propose to 
approve them because these routine updates are an important component 
of administering an effective air permitting program. This includes, 
where applicable, the Clean Air Act section 110(a)(2)(L) requirements 
related to the construction or modification of major stationary 
sources. Clean Air Act section 110(a)(2)(L) requires that the owner or 
operator of a new or modified major stationary source pay the 
permitting authority the reasonable costs of reviewing and acting upon 
any application for such permit and the reasonable costs of 
implementing and enforcing the terms and conditions of the permit.

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C. Electronic Permit Application and Reporting Procedures

    As discussed in the state's October 20, 2021, public notice 
included in the docket for this action, ADEC added a new section 18 AAC 
50.270 that established requirements and procedures for electronic 
submission of documents for air permits, reporting, and other 
authorizations. Specifically, under 18 AAC 50.270(a), if an electronic 
form is available within ADEC's permittee portal for records or 
information required by the department, a person shall submit that 
information electronically using the designated form. Importantly, 
under 18 AAC 50.270(b), if a person does not have reasonable access to 
equipment necessary to access the permittee portal, the department may 
approve submission by alternative methods, including by letter, form, 
or electronic mail. Under 18 AAC 50.270(c), ADEC established a one-year 
deadline (September 7, 2023) for submission of existing forms using the 
permitting portal, and the provisions of 18 AAC 50.270(d) though (g) 
outline the procedures, timelines, notification, public participation, 
and electronic test environment for new forms added to the permitting 
portal. We have reviewed 18 AAC 50.270 and are proposing to approve 
this new section as consistent with the Clean Air Act. We also note 
that pursuant to the Cross-Media Electronic Reporting Rule (CROMERR) 
the EPA already approved Alaska's request to revise its EPA-authorized 
programs to allow electronic reporting under 40 CFR parts 51, 52, 60 
through 63, and 70 via the Air Online Service System (AOS) for 
electronic reporting.\2\ The permittee portal is a part of AOS.
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    \2\ See 80 FR 48531 (August 13, 2015).
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D. Emissions Inventory

    ADEC also added a new section 18 AAC 50.275 that requires sources 
to use consistent pollutant-specific emissions factors and calculation 
methods for all reporting requirements under 18 AAC 50. Specifically, 
subsection (a) requires all stationary sources operating in the state 
to report actual emissions, either upon request or to meet individual 
permit requirements, so that the state can meet Federal reporting 
requirements under 40 CFR part 51, subpart A. Subsection (b) requires 
that for the purposes of reporting potential, actual, or assessable 
emissions under any requirement of 18 AAC 50, stationary sources shall 
use consistent pollutant-specific emissions factors and calculation 
methods for all reporting requirements. In its April 18, 2022, response 
to comments included in the docket for this action, ADEC explained the 
purpose of the new section was, ``for a stationary source that reports 
emissions under one set of regulatory requirements (e.g., annual 
emission fees) and again under a second regulatory requirement (e.g., 
annual compliance certification) that the stationary source will use 
the same emission factor in both calculations, and not `cherry pick' 
which emission factor works best for a given situation. The Department 
is finding multiple reports that often do not align and yet purport to 
report the same input value (actual emissions), because different 
emission factors were used trying to achieve some leverage on reported 
values.'' The response to comments further explained that the new 
section 18 AAC 50.275 will simplify reporting requirements for the 
regulated community and data validation for ADEC. We have reviewed 18 
AAC 50.275 and are proposing to approve this new section as consistent 
with the Clean Air Act.

III. Proposed Action

    The EPA is proposing to approve, and incorporate by reference, 
certain regulatory revisions to the Alaska SIP submitted on May 16, 
2022, and August 11, 2022, as described in section II of this preamble. 
We are proposing to determine that these revisions are consistent with 
Clean Air Act (CAA) section 110, as well as CAA part C and D 
requirements for the permitting of major stationary sources. Upon final 
approval, the Alaska SIP will include the following regulations:
     18 AAC 50.035 Documents, Procedures and Methods Adopted by 
Reference, except (a)(6), (a)(9), and (b)(4), state effective April 16, 
2022, which adopts by reference certain Federal test procedures and 
methods for determining compliance with the NAAQS;
     18 AAC 50.040 Federal Standards Adopted by Reference, 
except (a), (b), (c), (d), (e), (g), (j) and (k), state effective April 
16, 2022, which adopts by reference certain Federal regulations for the 
permitting of new or modified major stationary sources;
     18 AAC 50.270 Electronic Submission Requirements, state 
effective September 7, 2022, which establishes requirements and 
procedures for the electronic submission of permitting forms and other 
documents;
     18 AAC 50.275 Consistency of Reporting Methodologies, 
state effective September 7, 2022, requiring consistent methodology in 
reporting air emissions;
     18 AAC 50.400 Permit Administration Fees, except (a), (b), 
(c), and (i), state effective September 7, 2022, which establishes 
permit administration fees, compliance fees, and air quality emission 
fees.

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 sections II and 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 
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

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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, and Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 11, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-00817 Filed 1-17-23; 8:45 am]
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