### Department of

Environmental Conservation

OFFICE OF THE COMMISSIONER

Post Office Box 111800 410 Willoughby Avenue, Suite 303 Juneau, Alaska 99811-1800
Main: 907.465.5066

Fax: 907.465.5070

dec.alaska.gov

January 29, 2015

Dennis McLerran Regional Administrator U.S. EPA Region 10
1200 Sixth Avenue Seattle, WA 98101

Subject: FNSB PM2.5 Moderate Nonattainment Area State Implementation Plan (SIP)

Dear Mr. McLerran:

On December 31, 2014, the Alaska Department of Environmental Conservation (ADEC) transmitted to you the moderate area State Implementation Plan ( SIP) for the Fairbanks North Star Borough (FNSB) fine particulate matter (PM2.5) nonattainment area. At that time, a number of the adopted regulations supporting the plan were still undergoing final legal revi ew at the Alaska Department of Law. This letter serves to supplement the December 31 st SIP submittal by transmitting the final, filed regulations related to this SIP action. ADEC requests EPA review and approval of the FNSB moderate area PM2.5 SIP, adopted by reference into the Alaska Administrati ve Code (AAC) at 18 AAC 50.030, with an effective date of February 5, 2015.

The Alaska Department of Environmental Conserva tion (DEC) is submitting the enclosed supporting documents to supplement and complete the December 31 st SIP transmittal:

 New or revised Alaska Administrative Code: 18 AAC 50.007, 18 AAC 50.030, 18 AAC 50.065, 18 AAC 50.075, 18 AAC 50.076, 18 AAC 50.077, 18 AAC 50.245, 18 AAC 50.246, and 18 AAC 50.990;

 Lt. Governor’s certified Filing Certificate fo r Permanent Regulations along with appropriate delegations, including Signed Adoption Order, fo r 18 AAC 50.030 with an effective date of regulation February 5, 2015;

 Lt. Governor’s certified Filing Certificate fo r Permanent Regulations along with appropriate delegations, including Signed Adoptio n Order, for 18 AAC 50 with an effective date of regulation February 28, 2015; and

 Nine oral hearing affidavits, one affidavit of agen cy record of public comment, and one affidavit of notice of proposed adoption of regulations and furn ishing of additional information, signed in Anchorage on January 27, 2015 (affidav its were previously submitted on December 31 st , but were revised to reflect correct judicial district).

We are providing one paper copy and one electr onic version of the above documents to Lucy Edmondson of your staff (note that the electronic vers ion is an exact duplicate of the paper copy). The FNSB PM2.5 moderate area SIP and the following supporting documents were previously provided for your use in evaluating and taking action on this SIP:Dennis McLerran 2 January 29, 2015 U.S. EPA Region 10

 Notices of Public Comment Period for Air Qua lity PM2.5 regulations, signed September 19, 2013, September 25, 2013, November 14, 2013, December 13, 2013, and January 10, 2014;

 Affidavits of Publication for the Public Notices for Air Quality PM2.5 regulations signed September 19, September 25, November 14, December 13, 20 13 and January 10, 2014 (published in the Anchorage Daily News, Fairbanks Daily News Miner, and Juneau Empire).

 Notice of Public Comment Period for PM2.5 regulations and the State Implementation Plan, signed November 14, 2014;

 Affidavits of Publication for the Public Noti ce (published in the Anchorage Daily News and Fairbanks Daily News Miner on November 17 and 18, 2014), signed November 18, 2014;

 Affidavits of Agency Record of Public Comment, signed November 24, 2014 and December 23,
2014;

 Response to Comment documents dated November 14, 2014 and December 24, 2014;

 Affidavits of Oral Hearings held in Fairbanks on January 7, 2014 and in Juneau, Anchorage, and Fairbanks on January 21, 2014; si gned November 24 and 25, 2014;

 Affidavits of Oral Hearings held in Juneau , Anchorage, and Fairbanks on December 3, 2014, and December 17, 2014; signed D ecember 17 and 18, 2014;

 Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information, signed November 24, 2014;

 Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information, signed December 23, 2014;

 Public Review Draft of 18 AAC 50 regulations which shows the changes made to the regulations, with bold lettering as new language and bracketed language as old language, dated September 19,
2013;

 Public Review Draft of 18 AAC 50 regulations which shows the changes made to the regulations, with bold lettering as new language and bracketed language as old language, dated November 14, 2014; and

 A copy of the November 14 and December 24, 2014 adopted regulation amendments that are currently under review by the Department of Law prior to transmittal to the Lt. Governor for certification and filing.

Your staff may contact Alice Edwards at (907) 465-51 09 or Cindy Heil at (907) 269-7579 for additional
information as needed.

Sincerely,

Larry Hartig
Commissioner

Enclosures: 18 AAC 50 revisions filed January 6, 2015 ; 18 AAC 50 revisions filed January 29, 2015; adoption orders and filing certificates, revised affidavits , and Department of Law regulation mark-upsDennis McLerran 2 January 29, 2015 U.S. EPA Region 10

cc: Kate Kelly, Director, Office of Air Was te and Toxics, EPA, Region 10 (via e-mail) Rob Elleman, Acting Manager, Air Pla nning Unit, EPA, Region 10 (via e-mail) Lucy Edmondson, Air Planning Unit, EPA, Region 10 (via e-mail) Alice Edwards, Director, Division of Air Quality, DEC (via e-mail) Cindy Heil, Air Non-Point Mobile Sources Manage r, Division of Air Quality, DEC (via e-mail)40 C.F.R. Part 51 Appendix V 2.1. (b)

E vidence State Has Fo rmally Adopted Plan or Revision :

D ocument s including:

o A doption Order of Commissioner Larry Hartig signed by Larr y H artig, Commissioner on December 24, 2014 , with Filing Certification signed by Lt. Governor Byron Mallott on January 6 , 2 015 ; for State Air Quality Control Plan.

o Ado ption O rder o f C ommissioner L arry Hartig signed b y Larry Hartig , C ommissioner on January 28, 2 01 5 , wit h Filing Certification s igned by Lt. G overnor B yron M allott on Ja nuary 2 9 , 2 015 ; for Wood-F ired H eating Device S tanda rds & F ine Particulate M atter ( PM -2 .5) A ir E pisode an d A dvisories ; and for
P urpose a nd A pplicability of C hapter, o pen B urning, W ood

- fired heating Device V isible E mission S tandards, S olid F uel -F ired Heating De vice Fu els, Co mmercial W oo d S eller Di sclosure Program, Wo od -fi red H eating Device S tandards, & F ine Particulate M atter ( PM -2 .5) A ir E pisode an d A dvisories

.

o Permanent Filing of Regulation Memo of Lt. Governor Byron
Mallott , signed by Scott Meriwether, Special Assistant, dated January 6 , 2015 ; for State Air Quality Control Plan.

o Permanent F ilin g of

R egula tion M emo of

L t. G overnor Byron
Mallott , si gned b y Scott M eriwether, S pecial Assistant, d ated January 2 9 , 2 015 ; for W ood -F ired H eating De vice S t andards & Fine Pa rticulate Mat ter ( PM -2 .5 ) A ir E pisode a nd A dvisories ; and for P urpose and A pplicability of C hapter, o pen B urning,
Wood -f ired h eatin g Device V isible E mission S tanda rds, S olid
Fuel -F ired H eatin g Device F uels, C ommerci al Woo d S eller Disclosure P rogram, Wo od -fi red H eating Device S tandards, & Fine Pa rticula te Mat ter ( PM -2 .5) A ir E pisode a nd A dvisories

.

o Adoption draft of 18 AAC 50 Air Quality Control Regulations, As amended through February 6, 2015 (with hand written R egisterN umber 213 and April 2015 in header and hand written notes from the Department of Law).

o Adoption draft of 18 AAC 50 Air Quality Control Regulations, As amended through February 28 , 2015 (with hand written R egister
N umber 213 and April 2015 in header and hand written notes from the Department of Law).o 40 C.F.R. Part 51 Appendix V 2.1

. (c)

Proof of State Legal Authority to Adopt Plan:

Sent with December 31, 2014, Submittal40 C

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. P art 51 A ppendix V 2.1. (d)

Copy of Adopted Regulation s Signed with Effective Date Indicated:

See section 2.1

. (b) for Adoption Order s

.

Notes: The official version of 18 AAC 50 is published at the following link when the quarterly register in which the revisions first appear are published: http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.l egis.state.ak.us/cgi

bin/folioisa.dll/aac/query=[JUMP:'Title18Chap50']/doc/{@1}?firsthit

An un official version of 18 AAC 50 is posted at the following link : http://dec.alaska.gov/commish/regulations/pdfs/18%20AAC%2050.pdf The PDF document is prepared as a courtesy, i nformational document
so that the regulations are available to the public prior to their quarterly register publication.

Please note that at this time the attached regulations are not yet final. Therefore they are not reflected in the uno fficial PDF version of 18 AAC 50 found at the link above.40 C

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. P art 51 A ppendix V 2.1. (e)

Evidence State Procedural Requirements Satisfied:

and

40 C.F.R. Part 51 Appendix V 2.1. (f)

Dated E vidence of Proper Public Notice:

and

40 C.F.R. Pa rt 51 Appendix V 2.1. (g)

Certification that Public Hearings were Held if Applicable:

September 19, 2013, Proposal Package (adopted November 14, 2014 , and readopted January 28, 2015 ):

• Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information sign ed by Cindy Heil, dated January 27, 2015 (for September 19, 2013, package)

.

• Affidavit of Oral Hearing held in Fairbanks, Alaska, on January 7, 2014, at 5:00 p.m. to at least 7:00 p.m., signed by Cindy Heil,
dated January 27, 2015

.

• Affidavit of Oral Hearing held in Anchorage, Alaska, on January 21, 2014 , at 11:30 a.m.

– 1:30 p.m. , signed by Karin Landsberg , dated January 27, 2015

.

• Affidavit of Oral Hearing held in Fairbanks, Alaska, on January 21, 20 14, at 11:30 a.m.

– to at least 1:30 p.m., signed by Cindy Heil, dated January 27, 2015

.November 14, 2014 , Proposal Package (adopted December 24, 2014 , and readopted January 28, 2015 ):

• Affidavit of Oral Hearing held in Anchorage, Alaska, on December 3, 2014, at 11:30 a.m.

– 1:30 p.m. , signed by Tom
Turner , dated January 27, 2015

.

• Affidavit s of Oral Hearings held in Fairbanks, Alaska, on December 3, 2 014, at 11:30 a.m.

– 1:30 p.m. and 5:00 p.m.

– 7:00 p.m., signed by Cindy Heil, dated January 27, 2015

.

• Affidavit of Or al Hearing held in Anchorage, Alaska, on December 17, 2014, at 11:30 a.m.

– 1:30 p.m. , signed by Ka rin Landsberg, dated January 27, 2015

.

• Affidavit s of Oral Hearings held in Fairbanks, Alaska, on December 17, 2014, at 11:30 a.m.

– 1:30 p.m. and 5:00 p.m.

– 7:00 p.m., signed by Cindy Heil, dated January 27, 2015

.40 C

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. P art 51 A ppendix V 2.1. (h)

Compilation of Pub lic Comments and the State Response to the m:

September 19, 2013, Proposal package (adopted November 14, 2014 , and readopted January 28, 2015 ):

• Affidavit of Agency Record of Public Comment signed by Cindy Heil, dated January 27, 2015

.