Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10511 

1See 40 CFR 81.302. 

110(a)(2)(D)(i)(II) for the 2015 ozone, 

2006 PM2.5, 2008 ozone, 2010 nitrogen 

dioxide, 2010 sulfur dioxide and the 

2012 PM2.5 NAAQS. 

IV. Proposed Action 

The EPA is proposing to approve the 

SIP revision submitted on November 4, 

2020 which addresses the Prong 4 

requirements for the following NAAQS: 

2015 Ozone, 2006 PM2.5, 2008 Ozone, 

2010 Nitrogen dioxide, 2010 Sulfur 

Dioxide, and the 2012 PM2.5 as 

Louisiana now has a fully approved 

Regional Haze SIP. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this 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 those requirements would 

be inconsistent with the CAA; and 

• Does not provide 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 EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

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

Dated: February 5, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–02894 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0060; FRL–10017– 

16–Region 10] 

Air Plan Approval; AK, Fairbanks North 

Star Borough; 2006 24-hour PM2.5

Serious Area Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

parts of state implementation plan (SIP) 

submissions, submitted by the State of 

Alaska (Alaska or the State) to address 

Clean Air Act (CAA or Act) 

requirements for the 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

in the Fairbanks North Star Borough 

PM2.5 nonattainment area (Fairbanks 

PM2.5 Nonattainment Area). EPA is also 

proposing to approve rule revisions and 

an associated air quality control plan 

chapter submitted by Alaska into the 

Federally-approved SIP. Alaska made 

these submissions on December 13, 

2019, (Fairbanks Serious Plan) and 

December 15, 2020. 

DATES: Comments must be received on 

or before March 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2021–0060, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

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. 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, EPA Region 10, 1200 

Sixth Avenue—Suite 155, Seattle, WA 

98101, (206) 553–0340, 

jentgen.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to EPA. 

Table of Contents 

I. Background 

II. Clean Air Act Requirements for PM2.5

Serious Area Plans and Summary of 

Proposal 

III. Review of the Fairbanks Serious Plan 

A. Base Year Emissions Inventory 

B. PM2.5 Precursor Demonstration 

C. SIP Strengthening Measures 

IV. Summary of Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

In 2009, 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 (mg/m3) (Fairbanks PM2.5

Nonattainment Area) (74 FR 58688, 

November 13, 2009).1 Effective July 2, 

2014, EPA classified the area as 

‘‘Moderate’’ (79 FR 31566, June 2, 2014). 

Subsequently, Alaska submitted, and 

the EPA approved, a plan to meet 


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2We approved the remainder of the 2018 

submissions in prior actions on June 5, 2019 (84 FR 

26019), August 29, 2019 (84 FR 45419), December 

18, 2019 (84 FR 69331), and December 23, 2019 (84 

FR 70428). 

3See Jason W. Brune, Commissioner Alaska 

Department of Environmental Conservation, to 

Chris Hladick, U.S. EPA Region 10, December 15, 

2020, letter included in the docket for this proposed 

action. 

4Note that Alaska submitted an additional base 

year emissions inventory and updated PM2.5

precursor demonstrations as part of the December 

15, 2020, submission. EPA is not proposing action 

on the additional base year emissions inventory or 

the updated PM2.5 precursor demonstration. EPA 

will propose action on these portions of the 

December 15, 2020, submission at a later date. 

5CAA section 189(b), 42 U.S.C. 7513a(b); see also 

81 FR 58010, 58074–58075, August 24, 2016. 

6 81 FR 58010. Prior to promulgating the PM2.5

SIP Requirements Rule, EPA provided its 

interpretations of the CAA’s requirements for 

particulate matter plans under part D, title I of the 

Act in the following guidance documents: (1) ‘‘State 

Implementation Plans; General Preamble for the 

Implementation of Title I of the Clean Air Act 

Amendments of 1990’’ (‘‘General Preamble’’); (2) 

‘‘State Implementation Plans; General Preamble for 

the Implementation of Title I of the Clean Air Act 

Amendments of 1990; Supplemental’’ (‘‘General 

Preamble Supplement’’); and (3) ‘‘State 

Implementation Plans for Serious PM–10 

Nonattainment Areas, and Attainment Date Waivers 

for PM–10 Nonattainment Areas Generally; 

Addendum to the General Preamble for the 

Implementation of Title I of the Clean Air Act 

Amendments of 1990’’ (‘‘General Preamble 

Addendum’’). 

Moderate nonattainment area 

requirements (82 FR 42457, September 

8, 2017) (‘‘Fairbanks Moderate Plan’’). 

On May 10, 2017, EPA determined 

that the State failed to attain the 2006 

24-hour PM2.5 NAAQS in the area by the 

outermost Moderate area attainment 

date of December 31, 2015 (82 FR 

21711). As a result, the Fairbanks PM2.5

Nonattainment Area was reclassified as 

a ‘‘Serious’’ nonattainment area by 

operation of law. 

Upon reclassification as a Serious 

PM2.5 nonattainment area, the State was 

required to meet additional SIP 

requirements for the Fairbanks PM2.5

Nonattainment Area. In particular, the 

State was required to submit a Serious 

area nonattainment plan satisfying the 

requirements of CAA title I, part D, 

including the requirements of subpart 4, 

for the 2006 24-hour PM2.5 NAAQS and 

attain the 2006 24-hour PM2.5 NAAQS 

in the area by no later than the end of 

the tenth calendar year following 

designation (i.e., December 31, 2019). 

Prior to submitting the Fairbanks 

Serious Plan, Alaska revised its 

regulations and planning elements to 

further limit visible emissions and 

promote the use of certified heating 

devices and cleaner burning practices in 

the Fairbanks PM2.5 Nonattainment Area 

and submitted the revised regulations to 

EPA on October 25, 2018 and November 

28, 2018.2

Alaska submitted the Fairbanks 

Serious Plan on December 13, 2019 to 

address the Serious nonattainment area 

requirements for the 2006 24-hour PM2.5

NAAQS. The Fairbanks Serious Plan 

includes further changes to heating 

device and cleaner burning practices 

regulations, among other control 

measures and planning elements. The 

Fairbanks Serious Plan is comprised of 

revisions to Title 18, Chapter 50, of the 

Alaska Administrative Code (18 AAC 

50) and the State Air Quality Control 

Plan, adopted and incorporated by 

reference into State law at 18 AAC 

50.030(a). On January 9, 2020, in 

accordance with section 110(k)(1)(B) 

and part D of title I of the CAA, EPA 

determined that the Fairbanks Serious 

Plan was administratively and 

technically complete (85 FR 7760, 

February 11, 2020). 

Within the Fairbanks Serious Plan, 

the State sought an extension of the 

otherwise applicable attainment date 

through section 188(e) of the CAA. On 

September 2, 2020, EPA determined that 

the area failed to attain by the Serious 

area attainment date and denied the 

State’s Serious area attainment date 

extension request (85 FR 54509). As a 

result, Alaska was required to submit a 

revised plan to meet additional CAA 

requirements set forth in section 189(d) 

of the CAA by December 31, 2020. 

Alaska submitted the revised plan on 

December 15, 2020. Alaska’s December 

15, 2020, submission makes several 

changes to the State Air Quality Control 

Plan, adopted and incorporated by 

reference into State law at 18 AAC 

50.030(a).3 In particular, Alaska made 

additions to several chapters of the State 

Air Quality Control Plan, including 

Chapter III.D.7.12 (‘‘Fairbanks 

Emergency Episode Plan’’). Alaska also 

withdrew and replaced several other 

chapters. EPA is proposing to approve 

the base year emissions inventory and 

the PM2.5 precursor demonstration 

elements of the Fairbanks Serious Plan. 

Alaska did not withdraw these portions 

of the State Air Quality Control Plan as 

part of the December 15, 2020, 

submission.4 Also, EPA is proposing to 

approve the updated Fairbanks 

Emergency Episode Plan that was 

adopted by the State on November 18, 

2020 and was submitted on December 

15, 2020. EPA will act on the remainder 

of the December 15, 2020, submission at 

a later date. 

Alaska also made SIP submissions on 

October 25, 2018 and November 28, 

2018 (in addition to the December 13, 

2019 submission), requesting EPA 

approval of specific changes to Alaska 

Administrative Code Title 18, 

Environmental Conservation, Chapter 

50, Air Quality Control (18 AAC 50) 

State effective September 15, 2018 and 

January 8, 2019. The requests included 

in the October 25, 2018, and November 

28, 2018 SIP submissions are discussed 

in section C of this preamble. 

II. Clean Air Act Requirements for 

PM2.5 Serious Area Plans and Summary 

of Proposal 

Upon reclassification of a Moderate 

nonattainment area as a Serious 

nonattainment area under subpart 4 of 

part D, title I of the CAA, the Act 

requires the State to submit a Serious 

area nonattainment plan that addresses 

specific requirements.5 On August 24, 

2016, EPA promulgated the final rule 

entitled, ‘‘Fine Particulate Matter 

National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements’’ (PM2.5 SIP Requirements 

Rule).6 The PM2.5 SIP Requirements 

Rule is codified at 40 CFR part 51, 

subpart Z. The PM2.5 SIP Requirements 

Rule establishes regulatory requirements 

and provides interpretive guidance on 

the statutory SIP requirements that 

apply to states with areas designated 

nonattainment for the PM2.5 standards. 

In accordance with subpart 4 of part D, 

title I of the CAA and the PM2.5 SIP 

Requirements Rule at 40 CFR 

51.1003(b), Serious area nonattainment 

plans must address the following 

requirements: 

1. Base year emissions inventory 

meeting the requirements of CAA 

section 172(c)(3) and 40 CFR 

51.1008(b)(1)); 

2. Attainment projected emissions 

inventory meeting the requirements of 

CAA section 172(c)(1) and 40 CFR 

51.1008(b)(2); 

3. Serious area nonattainment plan 

control strategy meeting the 

requirements of CAA section 

189(b)(1)(B) and 40 CFR 51.1010, 

including provisions to assure that the 

best available control measures (BACM) 

and best available control technologies 

(BACT), for the control of direct PM2.5

and PM2.5 precursors are implemented 

no later than four years after the area is 

reclassified (CAA section 189(b)(1)(B)); 

4. Attainment demonstration and 

modeling meeting the requirements of 

CAA sections 188(c)(2) and 189(b)(1)(A) 

and 40 CFR 51.1011; 

5. Reasonable further progress (RFP) 

provisions meeting the requirements of 

CAA section 172(c)(2) and 40 CFR 

51.1012; 

6. Quantitative milestones meeting 

the requirements of CAA section 189(c) 

and 40 CFR 51.1013; 


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7 81 FR 58010, August 24, 2016, at pp. 58078– 

58079. 

8 ‘‘Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations,’’ EPA, May 2017 

(‘‘Emissions Inventory Guidance’’), available at: 

https://www.epa.gov/air-emissions-inventories/airemissions-inventory-guidance-implementationozone-and-particulate. 

9 40 CFR 51.1008(b)(1). 

10 40 CFR 51.1008. 

11The Emissions Inventory Guidance identifies 

the types of sources for which EPA expects states 

to provide condensable PM emission inventories. 

Emissions Inventory Guidance, section 4.2.1 

(‘‘Condensable PM Emissions’’), 63–65. 

12 40 CFR 51.1008. 

13EPA released an update to AP–42 in January 

2011 that revised the equation for estimating paved 

road dust emissions based on an updated data 

regression that included new emission tests results. 

76 FR 6328 (February 4, 2011). 

14AP–42 has been published since 1972 as the 

primary source of EPA’s emission factor 

information. https://www.epa.gov/airemissionsfactors-and-quantification/ap-42- 

compilation-airemissions-factors. It contains 

emission factors and process information for more 

than 200 air pollution source categories. A source 

category is a specific industry sector or group of 

similar emitting sources. The emission factors have 

been developed and compiled from source test data, 

material balance studies, and engineering estimates. 

15For directly emitted PM2.5, condensable and 

filterable components are separately reported, see 

Appendix III.D.7.6, Table 7–6–76. Alaska and EPA 

have determined that the point source sector is the 

only Source Classification Code (SCC) category that 

must include condensable and filterable PM2.5

information in the Fairbanks PM2.5 Nonattainment 

Area. 

7. An evaluation by the state of 

sources of all four PM2.5 precursors for 

regulation, and implementation of 

controls on all such precursors, unless 

the state provides a demonstration 

establishing it is either not necessary to 

regulate a particular precursor in the 

nonattainment area at issue in order to 

attain by the attainment date, or that 

emissions of the precursor do not make 

a significant contribution to PM2.5 levels 

that exceed the standard; 

8. Contingency measures meeting the 

requirements of CAA section 172(c)(9) 

and 40 CFR 51.1014; and 

9. Nonattainment new source review 

provisions meeting the requirements of 

CAA section 189(b)(3) and 40 CFR 

51.165. 

In the Serious area nonattainment 

plan, states must also satisfy the 

requirements for Moderate area plans in 

CAA section 189(a), to the extent the 

state has not already met those 

requirements in the Moderate area plan 

submitted for the area (see CAA section 

189(b)(1), 40 CFR 51.1003(b), and 81 FR 

58010, 58075, August 24, 2016). In 

addition, the Serious area 

nonattainment plan must meet the 

general requirements applicable to all 

SIP submissions under section 110 of 

the CAA, including the requirement to 

provide necessary assurances that the 

implementing agencies have adequate 

personnel, funding, and authority under 

section 110(a)(2)(E), and the 

requirements concerning enforcement 

provisions in section 110(a)(2)(C). 

EPA is proposing to approve parts of 

the Fairbanks Serious Plan as meeting 

the base year emission inventory 

requirements and certain optional PM2.5

precursor demonstration requirements. 

EPA is also proposing to approve rule 

revisions and an associated air quality 

control plan chapter submitted by 

Alaska into the Federally-approved SIP 

(SIP strengthening). Therefore, the 

ensuing evaluation of the Fairbanks 

Serious Plan focuses on only the 

statutory and regulatory requirements 

applicable to these Serious area 

nonattainment plan provisions. 

Additionally, we are not evaluating 

whether the Fairbanks Serious Plan or 

the December 15, 2020, submission 

meets the additional planning 

obligations of CAA section 189(d) or 40 

CFR 51.1003(c). We note that EPA 

approved the nonattainment new source 

review element of the Fairbanks Serious 

Plan on August 29, 2019 (84 FR 45419). 

We will take action on the remaining 

elements of the Fairbanks Serious Plan 

and the December 15, 2020, submission 

at a later date. 

III. Review of the Fairbanks Serious 

Plan 

A. Base Year Emissions Inventory 

1. Statutory and Regulatory 

Requirements 

CAA section 172(c)(3) requires that 

states submit a comprehensive, 

accurate, current inventory of actual 

emissions from all sources of the 

relevant pollutant or pollutants in the 

nonattainment area as part of a 

nonattainment plan for such area. EPA 

discussed the emissions inventory 

requirements that apply to PM2.5

nonattainment areas, including Serious 

area nonattainment plan requirements, 

in the PM2.5 SIP Requirements Rule. The 

EPA codified these requirements in 40 

CFR 51.1008.7 EPA has also issued 

additional guidance concerning 

emissions inventories for PM2.5

nonattainment areas.8

The base year emissions inventory for 

a Serious PM2.5 nonattainment area 

must be one of the three years for which 

monitored data were used by EPA to 

reclassify the area to Serious, or another 

technically appropriate year justified by 

the state in its Serious area 

nonattainment plan SIP submission.9

The base year emissions inventory 

should provide a state’s best estimate of 

actual emissions from all sources, i.e., 

all emissions that contribute to the 

formation of a particular NAAQS 

pollutant. The emissions must be either 

annual total emissions, average-season 

day emissions, or both, as appropriate 

for the relevant annual versus 24-hour 

PM2.5 NAAQS. In the Serious area plan 

SIP submission, the state must include 

a rationale for providing annual or 

seasonal emission inventories, and 

justification for the period used for any 

seasonal emissions calculations.10

For the PM2.5 NAAQS, the base year 

inventory must include direct PM2.5

emissions, separately reported filterable 

and condensable PM2.5 emissions,11 and 

emissions of all chemical precursors to 

the formation of secondary PM2.5: 

nitrogen oxides (NOX), sulfur dioxide 

(SO2), volatile organic compounds 

(VOC), and ammonia (NH3).12

A state’s SIP submission must include 

documentation explaining how it 

calculated emissions data for the 

inventory and be consistent with the 

data elements required by 40 CFR part 

51, subpart A. In estimating mobile 

source emissions, a state should use the 

latest emissions models and planning 

assumptions available at the time the 

SIP is developed. States are also 

required to use EPA’s ‘‘Compilation of 

Air Pollutant Emission Factors’’ (‘‘AP– 

42’’) road dust method for calculating 

re-entrained road dust emissions from 

paved roads. 13 14

2. Summary of State’s Submission 

The base year planning emissions 

inventory for direct PM2.5 and PM2.5

precursors (NOX, SO2, VOC, and 

ammonia) and the documentation for 

the inventory for the Fairbanks PM2.5

Nonattainment Area are located in 

Chapter III.D.7.6 (‘‘Emissions Inventory 

Data’’) and Appendix III.D.7.6 of the 

Fairbanks Serious Plan. 

The State developed the inventory 

using data sources and emission 

calculation methodologies from the 

approved Fairbanks PM2.5 Moderate 

Plan as its starting point and then 

updated the emissions totals based on 

additional source and activity data 

collected since preparation of that 

inventory. 

The State based the 2013 base year 

emissions inventory on historical source 

activity data in calendar year 2013 for 

all source sectors. For point sources, the 

State updated emissions data for the 

2013 base year emissions inventory 

based on annual fuel use/process 

throughput by individual facility and 

emission unit.15 The State also included 

fuel-based ammonia emissions for point 


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16The inventory is based on emissions estimated 

during the two 2008 episodes that represent 

weather conditions when exceedances of the 2006 

24-hour PM2.5 NAAQS typically occur. The 

inventory is an average of emissions across all days 

in the two episodes. It represents the average 

season-day emissions, in which the emission 

inventory season is the wintertime episodes of cold 

and calm weather that coincide with exceedances 

of the standard (82 FR 9035, February 2, 2017). 

17 40 CFR 51.1008(a)(1)(ii). 

sources in the 2013 inventory. 

Additional home heating survey data 

collected in winters 2012 through 2015 

were used by the State to augment the 

estimates of residential space heating 

device/fuel mix and usage in the 

Moderate Plan based on the singular 

2011 Home Heating survey. The State 

combined this broader sample of survey 

data to better reflect residential space 

heating activity within the 

nonattainment area for calendar year 

2013. For both on-road and non-road 

vehicles, the State used EPA’s latest 

vehicle emissions model, MOVES2014b, 

to replace emission estimates from the 

Moderate SIP based on its predecessor, 

MOVES2010a. Alaska used 

MOVES2014b emission factors based on 

local fleet/fuel characteristics and 

augmented with Fairbanks North Star 

Borough wintertime vehicle warmup 

and plug-in emission testing data. Onroad vehicle activity (VMT and speeds) 

was based by the State on 2013 baseline 

travel demand model outputs from the 

Fairbanks Metropolitan Area 

Transportation System (FMATS) 2040 

Metropolitan Transportation Plan (MTP) 

and 2045 MTP. Alaska used the 2014 

National Emissions Inventory to 

represent Source Classification Code 

(SCC)-level annual emissions for 

fugitive dust, which were estimated to 

have no emissions during episodic 

wintertime conditions. 

The 2013 base year emissions 

inventory in the Fairbanks Serious Plan 

has its foundations in the emissions 

inventory development work conducted 

for the Moderate Plan, which was based 

on emission estimates for two historical 

calendar year 2008 episodes (January 

23–February 10, 2008 and November 2– 

17, 2008). The Fairbanks North Star 

Borough, Alaska Department of 

Environmental Conservation, and EPA 

collectively determined that these 

‘‘seasonal’’ modeling episodes typify 

atmospheric/meteorological conditions 

and source activity/emission patterns 

within the nonattainment season when 

ambient PM2.5 concentrations exceed 

the standard at design day or high 

percentile levels.16 Alaska believes that 

the average of emissions across the 

combined 35 days of the two historical 

episodes are well suited not just for 

attainment modeling, but also to satisfy 

seasonal planning inventory 

requirements. Similar to their 

development of a base year inventory 

for their Moderate Area Plan, Alaska 

used the meteorological scenarios and 

modeling from 2008 historical episodes 

as the basis for generating their 2013 

base year planning inventory within this 

Serious SIP as provided in the PM2.5 SIP 

Requirements Rule. 

Table 1 in this preamble provides a 

summary of the episodic (24-hour) 

average inventories in tons per day (tpd) 

of direct PM2.5 and PM2.5 precursors 

(NOX, SO2, VOC, and ammonia) for the 

2013 base year. 

TABLE 1—FAIRBANKS PM2.5 NONATTAINMENT AREA 2013 BASE YEAR EPISODE AVERAGE DAILY EMISSIONS (tons/day) BY

SOURCE SECTOR

Source sector Direct PM2.5 NOX SO2 VOC Ammonia 

Point Sources ....................................................................... 1.23 10.45 7.22 0.23 0.051 

Area, Space Heating (Total) ................................................ 2.59 2.34 3.62 9.50 0.136 

Area, Space Heat, Wood ..................................................... 2.43 0.40 0.08 9.29 0.091 

Area, Space Heat, Oil .......................................................... 0.06 1.72 3.42 0.10 0.003 

Area, Space Heat, Coal ....................................................... 0.08 0.05 0.10 0.11 0.013 

Area, Space Heat, Other ..................................................... 0.01 0.16 0.02 0.01 0.028 

Area, Other 1 ........................................................................ 0.22 1.72 0.03 2.27 0.045 

On-Road Mobile ................................................................... 0.27 3.36 0.02 4.07 0.054 

Non-Road Mobile 2 ............................................................... 0.15 0.86 6.10 0.41 0.000 

Totals ............................................................................ 4.46 18.73 17.00 16.48 0.286 

Source: Fairbanks Serious Plan, Chapter III.D.7.6, Table 7.6–10. 

1The ‘‘Area, Other’’ category includes minor stationary sources (e.g., asphalt plants, coffee roasters, etc.) 2The ‘‘non-road mobile’’ category includes recreational vehicles, logging equipment, agricultural equipment, etc. 

3. EPA’s Evaluation and Proposed 

Action 

The 2013 base year emissions 

inventory meets the requirements of 

CAA section 172(c)(3) and 40 CFR 

51.1008. Calendar year 2013 is an 

appropriate base year for the Fairbanks 

Serious Plan because it is one of the 

three years used in the reclassification 

from a Moderate area to a Serious area. 

The base year emissions inventory is a 

seasonal inventory, based on two 

meteorological episodes exemplifying 

the range of meteorological conditions 

that lead to exceedances of the 24-hour 

NAAQS. This is an appropriate 

temporal scope for a base year emissions 

inventory where anthropogenic 

exceedances of the 24-hour NAAQS are 

exclusively in winter. 

The emissions inventory is of actual 

emissions in 2013, as required in the 

PM2.5 SIP Requirements Rule and 

guidance.17 The emissions inventory 

also includes separate reporting for 

filterable and condensible PM2.5 for the 

relevant emissions sectors and SCC 

codes. The base year 2013 emissions 

inventory is based on methodologies 

used by the State and vetted by EPA in 

the Fairbanks Moderate Plan and 

applied to the new year 2013. Therefore, 

the inventory reports emissions of point 

sources consistent with the Air 

Emissions Reporting Rule (AERR) and 

contains the detail and data elements 

required by 40 CFR part 51, subpart A. 

For these reasons, we are proposing to 

approve the 2013 base year emissions 

inventory in the Fairbanks Serious Plan 

as meeting the requirements of CAA 

section 172(c)(3) and 40 CFR 51.1008. 

B. PM2.5 Precursor Demonstration 

1. Statutory and Regulatory 

Requirements 

Under subpart 4 of part D, title I of the 

CAA and the PM2.5 SIP Requirements 

Rule, each state containing a PM2.5

nonattainment area must evaluate all 

PM2.5 precursors for regulation unless, 

for any given PM2.5 precursor, the state 

demonstrates to the Administrator’s 

satisfaction that such precursor does not 


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18 40 CFR 51.1006; See 81 FR 58010, August 24, 

2016, at pp. 58017–58020. 19CAA section 302(g). 

20 81 FR 58010, August 24, 2016, at p. 58015. 

21 ‘‘Air Quality Criteria for Particulate Matter’’ 

(EPA/600/P–99/002aF), EPA, October 2004, Ch. 3. 

22 ‘‘Regulatory Impact Analysis for the Final 

Revisions to the National Ambient Air Quality 

Standards for Particulate Matter’’ (EPA/452/R–12– 

005), EPA, December 2012), 2–1. 

23The requirements for attainment plans for the 

2006 24-hour PM2.5 NAAQS include the general 

nonattainment area planning requirements in CAA 

section 172 of title I, part D, subpart 1 and the 

additional planning requirements specific to 

particulate matter in CAA sections 188 and 189 of 

title I, part D, subpart 4. 81 FR 58010, August 24, 

2016, at pp. 58012–58014. 

24 81 FR 58010, August 24, 2016, at pp. 58018– 

58019. 25 General Preamble, 57 FR 13498, April 16, 1992, 

at pp. 13539–42. 

26Courts have upheld this approach to the 

requirements of subpart 4 for PM10. See, e.g., Assoc. 

of Irritated Residents v. EPA, et al., 423 F.3d 989 

(9th Cir. 2005). 

27 40 CFR 51.1006(a)(1). 

28 40 CFR 51.1006(a)(1). 

29 ‘‘PM2.5 Precursor Demonstration Guidance,’’ 

EPA–454/R–19–004, May 2019, including Memo 

dated May 30, 2019 from Scott Mathias, Acting 

Director, Air Quality Policy Division and Richard 

Wayland, Director, Air Quality Assessment 

Division, Office of Air Quality Planning and 

Standards (OAQPS), EPA to Regional Air Division 

Directors, Regions 1–10, EPA. 30 40 CFR 51.1006(a)(1)(i) and (ii). 

contribute significantly to PM2.5 levels 

that exceed the NAAQS in the 

nonattainment area.18 The provisions of 

subpart 4 do not define the term 

‘‘precursor’’ for purposes of PM2.5, nor 

do they explicitly require the control of 

any specifically identified PM2.5

precursor. The statutory definition of 

‘‘air pollutant,’’ however, provides that 

the term ‘‘includes any precursors to the 

formation of any air pollutant, to the 

extent the Administrator has identified 

such precursor or precursors for the 

particular purpose for which the term 

‘air pollutant’ is used.’’ 19 EPA has 

identified SO2, NOX, VOCs, and 

ammonia as precursors to the formation 

of PM2.5.20 Accordingly, the attainment 

plan requirements of subpart 4 apply to 

emissions of all four precursors and 

direct PM2.5 from all types of stationary, 

area, and mobile sources, except as 

otherwise provided in the Act (e.g., 

CAA section 189(e)). 

A large number of chemical reactions, 

often non-linear in nature, can convert 

gaseous SO2, NOX, VOCs, and ammonia 

to PM2.5, making them precursors to 

PM2.5.21 Formation of secondary PM2.5

also depends on atmospheric 

conditions, including solar radiation, 

temperature, and relative humidity, and 

the interactions of precursors with 

particles and with cloud or fog 

droplets.22 According to the Fairbanks 

Serious Plan, total wintertime PM2.5

concentrations in the Fairbanks PM2.5

Nonattainment Area are a function of 

both primary PM2.5 emissions and 

secondary PM2.5 formed from precursors 

(see Chapter III.D.7.8.1–7). 

Section 189(e) of the Act requires that 

the control requirements for major 

stationary sources of direct PM10 23 also 

apply to major stationary sources of 

PM10 precursors, except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels that exceed the standard 

in the area. Section 189(e) contains the 

only express exception to the control 

requirements under subpart 4 (e.g., 

requirements for reasonably available 

control measures (RACM) and 

reasonably available control technology 

(RACT), BACM and BACT, Most 

Stringent Measures (MSM), and New 

Source Review (NSR) for sources of 

direct PM2.5 and PM2.5 precursor 

emissions). Although section 189(e) 

explicitly addresses only major 

stationary sources, EPA interprets the 

Act as authorizing it also to determine, 

under appropriate circumstances, that 

regulation of specific PM2.5 precursors 

from other source categories in a given 

nonattainment area is not necessary.24

For example, under EPA’s longstanding 

interpretation of the control 

requirements that apply to stationary, 

area, and mobile sources of PM10

precursors in the nonattainment area 

under CAA section 172(c)(1) and 

subpart 4,25 a state may demonstrate in 

a SIP submission that control of a 

certain precursor pollutant is not 

necessary in light of its insignificant 

contribution to ambient PM10 levels in 

the nonattainment area.26

Under the PM2.5 SIP Requirements 

Rule, a state may elect to submit to EPA 

a ‘‘comprehensive precursor 

demonstration’’ for a specific 

nonattainment area to show that 

emissions of a particular precursor from 

all existing sources located in the 

nonattainment area do not contribute 

significantly to PM2.5 levels that exceed 

the NAAQS at issue in the 

nonattainment in the area.27 If EPA 

determines that the contribution of the 

precursor to PM2.5 levels in the area is 

not significant and approves the 

demonstration, the state is not required 

to control emissions of the relevant 

precursor from existing sources in the 

attainment plan.28

In addition, in May 2019, EPA issued 

the ‘‘PM2.5 Precursor Demonstration 

Guidance’’ (‘‘PM2.5 Precursor 

Guidance’’), which provides 

recommendations to states for analyzing 

nonattainment area PM2.5 emissions and 

developing such optional precursor 

demonstrations, consistent with the 

PM2.5 SIP Requirements Rule.29

EPA evaluated the Fairbanks Serious 

Plan in accordance with the 

presumption embodied within subpart 4 

that the State must address all PM2.5

precursors in the evaluation and 

implementation of potential control 

measures, unless the State adequately 

demonstrates that emissions of a 

particular precursor or precursors do 

not contribute significantly to ambient 

PM2.5 levels that exceed the PM2.5

NAAQS in the nonattainment area. In 

reviewing any determination by the 

state to exclude a PM2.5 precursor from 

the required evaluation of potential 

control measures, we considered both 

the magnitude of the precursor’s 

contribution to ambient PM2.5

concentrations in the nonattainment 

area and the sensitivity of ambient PM2.5

concentrations in the area to reductions 

in emissions of that precursor.30

2. Summary of State’s Submission 

Alaska includes its PM2.5 precursor 

analysis in Chapter III.D.7.8, section 

7.8.12, of the Fairbanks Serious Plan. 

The State provides both concentrationbased and sensitivity-based analyses of 

precursor contributions to ambient 

PM2.5 concentrations in the Fairbanks 

PM2.5 Nonattainment Area. These 

analyses led the State to conclude that 

SO2 and ammonia emissions contribute 

significantly to ambient PM2.5 levels that 

exceed the PM2.5 NAAQS in the 

Fairbanks PM2.5 Nonattainment Area, 

while NOX and VOCs do not contribute 

significantly to such exceedances, as 

discussed below. Consistent with this 

conclusion, the State focused the 

control strategy and attainment 

demonstration on sources of PM2.5, SO2, 

and ammonia emissions. Importantly, 

Alaska’s precursor analysis did not 

address nonattainment NSR 

requirements. The State made the prior 

determination to regulate all four EPAidentified legal precursors to PM2.5 in 

the nonattainment NSR regulations 

applicable to the Fairbanks PM2.5

Nonattainment Area. The EPA approved 

Alaska’s October 25, 2018, SIP revision 

as meeting the nonattainment NSR 

requirements triggered upon 

reclassification of the area to Serious 

(August 29, 2019, 84 FR 45419). 

Alaska applied a tiered approach to 

the precursor demonstrations in the 

Fairbanks PM2.5 Nonattainment Area. 

The tiered analysis included: (1) A 

concentration-based analysis of ambient 

data; (2) a concentration-based analysis 

using air quality modeling (zero-out); 

and (3) sensitivity-based analysis using 

air quality modeling. For the 

concentration-based analysis using 


tkelley on DSKBCP9HB2PROD with PROPOSALS
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31 ‘‘Review of Fairbanks Nonattainment Area 

Precursor Demonstrations for Volatile Organic 

Compounds and Nitrogen Oxides in the 2019 State 

Implementation Plan Submission.’’ Nicole Briggs 

and Robert Kotchenruther, November 4, 2020. 

32 ‘‘PM2.5 Precursor Demonstration Guidance,’’ 

EPA–454/R–19–004, May 2019, including Memo 

dated May 30, 2019 from Scott Mathias, Acting 

Director, Air Quality Policy Division and Richard 

Wayland, Director, Air Quality Assessment 

Division, Office of Air Quality Planning and 

Standards (OAQPS), EPA to Regional Air Division 

Directors, Regions 1–10, EPA. Page 29. 

ambient data, Alaska assessed the 

contribution of SO2, NOX, and ammonia 

for all four monitor sites between 2011 

and 2015 on the highest concentration 

days. Alaska did not perform a 

concentration-based analysis using 

ambient data for VOCs. Through these 

analyses, Alaska identified that 

ammonia was a significant precursor in 

the Fairbanks PM2.5 Nonattainment 

Area. 

For the concentration-based analysis 

using air quality modeling, Alaska 

utilized version 4.7.1 of the Community 

Multiscale Air Quality (CMAQ) 

photochemical model. The modeling 

relied on many elements from the 

precursor analysis provided by the State 

in the Fairbanks Moderate Plan (e.g., 

meteorological inputs, emissions 

processing methods, nested modeling 

grids). 

Alaska performed modeling analyses 

using both the base year emissions 

inventory (2013) and the future year 

emissions inventory (2019) for VOCs 

and NOX. First, the State evaluated 

precursor significance using a zero-out 

approach that compared a baseline 

model run with a model run where a 

precursor’s emissions were set to zero in 

order to determine the influence of that 

precursor on PM2.5 formation. For 

VOCs, Alaska performed a single 

analysis where it zeroed out all 

anthropogenic VOC emissions. For NOX, 

Alaska performed two zero-out analyses: 

One where all anthropogenic NOX

emissions were zeroed out and one 

where only major stationary source NOX

emissions were zeroed out. Next, Alaska 

further evaluated NOX precursor 

significance through a 75% sensitivity 

analysis. In this analysis, the State 

compared a baseline model run with a 

model run where all anthropogenic NOX

emissions were reduced by 75%. Alaska 

concluded that these analyses showed 

that VOCs and NOX were not significant 

precursors in the Fairbanks PM2.5

Nonattainment Area. 

Alaska performed two SO2 precursor 

analyses using modeling elements from 

the Moderate Area Plan and updated 

baseline and future year emission 

inventories, as described previously in 

this preamble for the VOC and NOX

modeling. Alaska first performed a zeroout analysis where it zeroed out major 

stationary source SO2 emissions. To 

address concerns about model 

underprediction of secondary sulfate, 

Alaska next performed an analysis that 

incorporated the base case model 

performance evaluation to estimate the 

impact of removing all major stationary 

source SO2 emissions. Based on these 

analyses, Alaska concluded that SO2

was a significant precursor in the 

Fairbanks PM2.5 Nonattainment Area. 

Additionally, on March 18, 2020, 

Alaska provided clarifications on the 

precursor analyses, included in the 

docket for this action. Included in these 

clarifications were further calculations 

projecting NOX significance at a 50% 

sensitivity level (i.e., the comparison of 

a baseline model run with a model run 

including a 50% reduction of all 

anthropogenic NOX emissions). 

3. EPA’s Evaluation and Proposed 

Action 

EPA has evaluated the State’s 

precursor demonstration for the Serious 

area nonattainment plan consistent with 

the PM2.5 SIP Requirements Rule and 

the recommendations in the PM2.5

Precursor Guidance. Additional details 

of EPA’s evaluation of Alaska’s 

precursor PM2.5 analyses are included in 

a Technical Support Document 

included in the docket for this action.31

Based on this evaluation, EPA agrees 

that SO2 and ammonia emissions 

contribute significantly to ambient 

PM2.5 levels that exceed the 2006 PM2.5

NAAQS in the Fairbanks PM2.5

Nonattainment Area and that SO2 and 

ammonia emission sources, therefore, 

remain subject to control requirements 

under subparts 1 and 4 of part D, title 

I of the Act. 

For the reasons provided in this 

preamble and further detailed in the 

Technical Support Document, EPA 

proposes to approve the State’s 

demonstration that NOX and VOC 

emissions do not contribute 

significantly to ambient PM2.5 levels that 

exceed the 2006 PM2.5 NAAQS in the 

Fairbanks PM2.5 Nonattainment Area. 

Our proposed approval of Alaska’s 

precursor demonstration does not 

extend to nonattainment NSR 

requirements for the area. The State did 

not address the issue of precursors for 

purposes of nonattainment NSR 

requirements in the Fairbanks Serious 

Plan because Alaska previously 

determined that it was appropriate to 

regulate NOX, SO2, VOCs, and ammonia 

as precursors to PM2.5 with respect to 

nonattainment NSR and submitted rule 

changes to that effect on October 25, 

2018. The EPA approved the submitted 

revised program as meeting 

nonattainment NSR requirements 

triggered upon reclassification of the 

Fairbanks PM2.5 Nonattainment Area to 

Serious (84 FR 45419, August 29, 2019). 

Regarding the State’s analytical 

approach, EPA proposes to find that the 

State used the appropriate methods and 

data to evaluate PM2.5 formation in the 

Fairbanks PM2.5 Nonattainment Area 

from precursor emissions. Alaska began 

with concentration-based analyses for 

the precursors and proceeded with 

sensitivity-based analyses if necessary, 

which is an acceptable progression of 

analyses under the PM2.5 SIP 

Requirements Rule. The State utilized 

the appropriate threshold recommended 

in the EPA’s guidance (1.5 mg/m3) in 

evaluating the significance of precursor 

emissions to the formation of 24-hour 

PM2.5 and utilized data from all four 

monitors in the Fairbanks PM2.5

Nonattainment Area. 

Regarding the results of the State’s 

analysis, the concentration-based 

modeling (Alaska’s second tier 

precursor) analysis of VOC emissions 

demonstrates that anthropogenic VOCs 

have impacts on PM2.5 concentrations in 

the Fairbanks PM2.5 Nonattainment Area 

that are well below the 1.5 mg/m3

significance threshold. Therefore, we 

propose to concur with the State’s 

conclusion that VOCs are not significant 

for PM2.5 formation in the Fairbanks 

PM2.5 Nonattainment Area. 

Further, we propose to find that the 

weight of evidence presented in the 

Fairbanks Serious Plan and Alaska’s 

March 18, 2020, clarification document 

suggests that NOX emitted from all 

sources is an insignificant contributor to 

local PM2.5 concentrations, based on the 

following evidence. First, the NOX

100% major stationary source reduction 

analysis demonstrated that NOX

emissions are insignificant contributors 

to PM2.5 concentrations at the four 

monitor locations. Second, the NOX

75% all source reduction sensitivity 

analysis demonstrated that only 10% of 

the modeled days showed significant 

contributions of NOX to PM2.5

concentrations at the Fairbanks 

monitors, and no days with significant 

contributions at the North Pole 

monitors. Third, the 75% all source 

reduction sensitivity analysis was 

conservative given that EPA guidance 

recommends evaluation of 30–70% 

reductions of the pollutant for analytical 

purposes.32 Lastly, Alaska’s projected 

50% reduction of NOX from all sources 

sensitivity analysis suggested there 

would be insignificant contributions 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10517 

33As noted previously, EPA is proposing 

approval of the Fairbanks Emergency Episode Plan 

that was submitted on December 15, 2020, and is 

included in the docket. A version of the Fairbanks 

Emergency Episode Plan was submitted as part of 

the Fairbanks Serious Plan on December 13, 2019, 

but this has been superseded by the version 

submitted December 15, 2020, as part of the revised 

plan. 

34Paragraph (a) of 18 AAC 50.030 is not 

appropriate for SIP approval because the EPA acts 

directly, as appropriate, on the specific provisions 

in the State Air Quality Control Plan that have been 

submitted by Alaska. 

35Alaska requested approval of this new 

regulation in the November 28, 2018, SIP 

submission. This submission is included in the 

docket of this action. 

from NOX to PM2.5 concentrations on all 

modeled days at all monitors. Most of 

these days would have NOX

contributions to PM2.5 concentrations 

well below the 1.5 mg/m3 significance 

threshold. 

C. SIP Strengthening Measures 

1. Summary of State’s Submission 

In the October 25, 2018, November 28, 

2018, and December 13, 2019 

submissions, Alaska requested EPA 

approval of specific changes to Alaska 

Administrative Code Title 18, 

Environmental Conservation, Chapter 

50, Air Quality Control (18 AAC 50) 

State effective September 15, 2018, 

January 8, 2019, and January 12, 2020. 

The requests included in the October 

25, 2018 and November 28, 2018 SIP 

submissions (i.e., not the Fairbanks 

Serious Plan submission (December 13, 

2019)) are noted below. The State 

adopted these regulatory revisions to 

strengthen the existing Alaska SIP and 

to meet the new Serious area planning 

requirements for BACM for certain 

source categories. 

This evaluation section discusses how 

the submitted rule revisions strengthen 

the current, Federally-approved SIP and 

why the EPA believes the rules are 

approvable. As such, our discussion 

focuses on the most recently submitted 

change to any particular rule provision. 

EPA is proposing to approve the 

submitted revisions to 18 AAC 50 and 

Volume III, Section III.D.7.12 of the 

State Air Quality Control Plan (the 

Fairbanks Emergency Episode Plan) as 

SIP strengthening and is not proposing 

to determine whether the submitted 

revisions satisfy, in whole or in part, the 

control strategy requirements in CAA 

section 189 and 40 CFR 51.1010 nor the 

contingency measure requirements in 

CAA section 172(c)(9) and 40 CFR 

51.1014.33

2. EPA’s Evaluation and Proposed 

Action 

a. State Air Quality Control Plan 

In the submissions, Alaska repealed 

and readopted 18 AAC 50.030, the rule 

section into which all State air quality 

control provisions are adopted by 

reference. The revised version of the 

rule section contains two distinct 

paragraphs: Paragraph (a) adopts the 

State Air Quality Control Plan by 

reference into State rules; and paragraph 

(b) requires that sources subject to 

specific control measures and 

technologies in the State Air Quality 

Control Plan comply with those 

requirements. Alaska only submitted 

paragraph (b) to EPA for SIP approval.34

Paragraph (b) makes clear that any 

source subject to Reasonably Available 

Control Technology (RACT), Best 

Available Control Measures (BACM), 

and Best Available Control Technology 

(BACT) under the State Air Quality 

Control Plan must comply with those 

applicable requirements. RACT, BACM, 

and BACT are terms defined in the 

Clean Air Act and in the EPA’s 

implementing regulations, and Alaska 

has adopted these Federal definitions by 

reference into State regulation at 18 

AAC 50.990.35 Please see Section D.2.G 

in this preamble for further discussion. 

The addition of paragraph (b) 

improves the enforceability of Stateadopted control measures, including 

those adopted for sources subject to 

RACT, BACM, and BACT in the 

Fairbanks PM2.5 Nonattainment Area. 

This enables Alaska to ensure that 

emission control measures as RACT, 

BACM, and BACT in the State Air 

Quality Control Plan are adopted and 

implemented. However, EPA’s proposed 

approval of 18 AAC 50.030(b) does not 

constitute a proposed determination 

regarding whether the control measures 

the State identified as BACM or BACT 

in the Fairbanks Serious Plan satisfy, in 

whole or in part, the control strategy 

requirements in CAA section 189 and 40 

CFR 51.1010. Therefore, we are 

proposing to approve and incorporate 

18 AAC 50.030(b) by reference into the 

Alaska SIP. 

b. Emission Standards for Solid FuelFired Heating Devices 

Solid fuel-fired heating device visible 

emissions standards are found in 18 

AAC 50.075. Alaska submitted revisions 

to paragraph (e) that clarify and 

strengthens the compliance 

requirements associated with PM2.5 air 

episode declaration that prohibits 

operation of solid fuel-fired heating 

devices. To comply, operators must 

withhold fuel from the device and 

ensure that burning has ceased within 

three hours of the effective time of the 

declaration. The changes to paragraph 

(e) make clear how to comply with such 

an air episode declaration and thus 

strengthen this rule section. Therefore, 

we propose to approve and incorporate 

by reference this change to 18 AAC 

50.075. 

Alaska also added paragraph (f) to 18 

AAC 50.075. Paragraph (f) establishes a 

20 percent opacity limit applicable in 

the Fairbanks PM2.5 Nonattainment 

Area, regardless of whether the State has 

called an air episode. This limit is 

similar to the 20 percent opacity limit 

established in Fairbanks North Star 

Borough ordinance 2015–01, adopted 

into the Alaska SIP and approved by the 

EPA as part of the Fairbanks Moderate 

Plan on September 8, 2017 (82 FR 

42457). We are deferring action on 

paragraph (f) because we intend to 

address it in a separate action. 

c. Requirements for Wood Sellers 

The current version of 18 AAC 50.076 

in the Alaska SIP requires commercial 

wood sellers serving the Fairbanks 

North Star Borough to register with 

Alaska Department of Environmental 

Conservation, if the Fairbanks PM2.5

Nonattainment Area is reclassified from 

Moderate to Serious. On May 10, 2017, 

the EPA reclassified the Fairbanks PM2.5

Nonattainment Area to Serious, effective 

June 9, 2017, therefore mandating wood 

seller registration. Because this 

provision has been triggered by the 

reclassification to Serious and is now in 

effect, Alaska removed the trigger 

language. 

The revisions to this rule section also 

require that registered commercial wood 

sellers serving the Fairbanks North Star 

Borough conduct moisture testing in 

accordance with this rule. Furthermore, 

the requirements become more stringent 

on October 1, 2021. Upon that date and 

going forward, commercial wood sellers 

serving the Fairbanks North Star 

Borough must ensure all dry wood is 

processed and monitored so as to 

remain dry, and may sell wet wood only 

if certain conditions designed to prevent 

burning of the wet wood are met. These 

conditions include minimum size 

requirements, moisture disclosure 

requirements, and a confirmation from 

the seller in writing that a buyer is 

capable of drying the wood by the next 

winter season. Wood sellers must 

document and report periodically on 

these practices and those that fail to 

comply will be subject to remedial 

training, a notice of violation, 

revocation of their registration, and/or 

enforcement action. Non-commercial 

wood sellers are prohibited from selling 

wet wood in the Fairbanks PM2.5

Nonattainment Area. These rule 

revisions constitute more stringent 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10518 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

36Alaska requested approval of this revised 

regulation in the November 28, 2018, SIP 

submission. This submission is included in the 

docket of this action. 

37Alaska requested approval of this revised 

regulation in the November 28, 2018, SIP 

submission. This submission is included in the 

docket of this action. 

38Alaska requested approval of this new 

regulation in the November 28, 2018, SIP 

submission. This submission is included in the 

docket of this action. 

requirements for wood sellers, so we are 

approving these revisions as SIP 

strengthening. 

Consistent with our prior action on 

September 8, 2017, we propose to 

approve but not incorporate by 

reference the enforcement provision at 

paragraph (g)(11) to avoid conflict with 

the EPA’s independent authorities (82 

FR 42457). 

d. Standards for Wood-Fired Heating 

Devices 

Wood-fired heating device standards 

are found in 18 AAC 50.077. The State 

submitted changes to this section that 

require removal of unapproved and 

uncertified wood-fired heating devices 

when residences are sold and leased, 

prevent the installation of wood-fired 

heating devices as the primary heat 

source in new construction, and restrict 

the sale and advertising of devices that 

do not meet the stricter standards. In 

addition, Alaska revised the regulations 

regarding non-certified device removal 

upon sale of property and a mandatory 

dry wood compliance program. Prior to 

these revisions, these regulations 

became effective only upon an EPA 

determination that, among other things, 

the Fairbanks PM2.5 Nonattainment Area 

failed to attain the 2006 PM2.5 NAAQS 

by the Moderate area attainment date. 

EPA made such a determination on May 

10, 2017 (82 FR 21711). Accordingly, 

Alaska revised the regulation to remove 

the now-irrelevant contingency 

language and to make these regulations 

fully effective. 

Within the new wood-fired heating 

device standards, Alaska included a 

new rule section, 18 AAC 50.077(n) that 

adopted two contingency measures that 

will be triggered upon any of the 

determinations listed in 40 CFR 

51.1014(a). The first measure requires 

owners of older EPA-certified wood 

fired heating devices with an emission 

rating above 2.0 grams per hour (g/hr), 

manufactured 25 years prior to the 

effective date of an EPA finding that 

triggers this measure, to remove the 

device upon the sale of a property or by 

December 31, 2024, whichever is earlier. 

The second measure requires owners of 

EPA-certified devices that were 

manufactured less than 25 years prior to 

the EPA finding to remove the device 

prior to reaching 25 years from the date 

of manufacture. Control measures 

targeting the older EPA certified devices 

will provide additional emission 

reduction benefits beyond Alaska’s 

current home heating control measures. 

Estimates of the projected emissions 

reductions attributable to these 

measures are included in the docket for 

this proposed action. These measures 

impose more stringent requirements on 

owners of solid-fuel heating devices in 

the Fairbanks PM2.5 Nonattainment 

Area, so we propose to approve these 

measures as SIP strengthening. 

Therefore, we propose to approve and 

incorporate 18 AAC 50.077(n) by 

reference into the Alaska SIP. As stated 

previously, however, we are not 

proposing to determine whether the 

submitted revisions to this rule satisfy, 

in whole or in part, the control strategy 

requirements in CAA section 189 and 40 

CFR 51.1010 or the contingency 

measure requirements in CAA section 

172(c)(9) and 40 CFR 51.1014. Upon 

final approval, the Alaska SIP will 

incorporate 18 AAC 50.077 by reference, 

State effective January 8, 2020, except 

paragraphs (g) and (q). These paragraphs 

were not submitted for approval. 

e. Limits on Sulfur Content of Fuel Oil 

Alaska submitted a new rule section, 

18 AAC 50.078, designed to limit the 

sulfur content of fuel oil used in oilfired equipment such as residential 

space heaters. This limit applies after 

September 1, 2022. We propose to 

approve and incorporate 18 AAC 

50.078(a) and (b) by reference into the 

Alaska SIP because these measures 

constitute more stringent standards on 

fuel sulfur content in the Fairbanks 

PM2.5 Nonattainment Area than what is 

currently in the SIP. In addition, 18 

AAC 50.078(c) and 18 AAC 50.078(d) 

include new requirements for small area 

sources of PM2.5 including commercial 

charbroilers, commercial incinerators, 

commercial used oil burners, and 

commercial coffee roasters. We are 

deferring action on 18 AAC 50.078(c) 

and 18 AAC 50.078(d). 

f. Provisions for Coal-Fired Heating 

Devices 

Alaska added a new rule section, 18 

AAC 50.079, to address emissions from 

coal-fired heating devices and submitted 

follow-up revisions to this rule section. 

The regulation at 18 AAC 50.079 

prohibits a person who owns or operates 

a coal-fired heating device from 

installing or reinstalling, supplying, 

selling, leasing, distributing, conveying, 

or advertising for sale within the 

nonattainment area. Coal-fired heating 

devices must be rendered inoperable 

when properties change hands or no 

later than December 31, 2024. 

We note that this provision includes 

two exemptions, at paragraphs (d) and 

(e). Alaska submitted paragraph (d) for 

approval. This paragraph exempts 

devices that have passed approved 

wintertime emission source tests from 

certain requirements. The emission 

source test must be approved by ADEC, 

use a Federally approved method (40 

CFR part 60, appendix A–3, Method 5), 

and the maximum emission rate for any 

individual test run does not exceed 18 

g/hr of total particulate matter. We have 

reviewed the exemption under 18 AAC 

50.079(d) and find it to be appropriately 

bounded, with specific criteria for an 

exemption. Alaska did not submit 

paragraph 18 AAC 50.079(e) for 

approval. 

In this action, we propose to approve 

and incorporate the submitted revisions 

to 18 AAC 50.079 by reference into the 

Alaska SIP. These revisions constitute 

more stringent standards for owners and 

operators of coal-fired heating devices 

than what is currently in the SIP. 

Accordingly, EPA proposes to approve 

these measures as SIP strengthening. 

Upon final approval, the Alaska SIP will 

include 18 AAC 50.079, except 

paragraph (e). 

g. Definitions 

The submissions revised 18 AAC 

50.990 to update several air quality 

definitions. Alaska clarified the 

definition of ‘‘particulate matter’’ for the 

purpose of meeting the wood-fired 

heating device emissions standards 

established in 18 AAC 50.077.36 For this 

purpose, ‘‘particulate matter’’ 

corresponds with the definition in 40 

CFR 60.531, subpart AAA Standards of 

Performance for New Residential Wood 

Heaters, and includes total particulate 

matter, as defined in that federal 

provision. Alaska DEC also revised the 

definition of ‘‘solid fuel-fired heating 

device’’ to make clear that certain dualpurpose centralized heat distribution 

systems are excluded from this 

definition.37

As discussed previously in this 

document, the submissions revised the 

Alaska SIP to adopt by reference the 

federal definitions of ‘‘RACT’’, 

‘‘BACM’’, and ‘‘BACT’’, as of July 1, 

2017.38 ‘‘RACT’’ is defined as the 

federal definition in 40 CFR 51.100(o), 

‘‘BACM’’ is defined as the definition in 

40 CFR 51.1000, and ‘‘BACT’’ is defined 

as the definition in 40 CFR 52.21(b), 

except that it is limited to the 

nonattainment pollutant and its defined 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10519 

39Alaska requested approval of this new 

regulation in the Fairbanks Serious Plan 

submission. 

40According to the Emergency Episode Plan, 

ADEC air quality specialists use an air quality 

forecasting tool called the AQ Alert Model to issue 

forecasted curtailments by 2:00 p.m. local time. 

Before declaring a curtailment on the operation of 

solid fuel-fired heating devices, DEC reviews the 

relevant and available meteorological data, weather 

forecasts, affected area, strength of the inversion, 

and potential duration of the inversion. Other 

inputs include the afternoon forecast of dispersion 

conditions issued by the National Weather Service 

forecasting office in Fairbanks and the assessment 

by ADEC personnel of many factors based on their 

long-standing experience in observing air quality in 

Fairbanks, including the rate of change in 

concentrations at the monitors and the location and 

movement of weather fronts seen in satellite photos. 

DEC sometimes calls an Alert that does not include 

a curtailment if weather conditions indicate a 

clearing prior to any impact of a curtailment taking 

effect. 

precursors as they apply in the 

Fairbanks PM2.5 Nonattainment Area. 

Alaska DEC also added definitions for 

the terms ‘‘catalytic oxidizer’’, 

‘‘charbroiler’’, ‘‘chain-driven 

charbroiler’’, and ‘‘used oil’’ to support 

the new information collection 

requirements for small area sources in 

18 AAC 50.078.39

The added and revised definitions in 

18 AAC 50.990 are consistent with 

Clean Air Act requirements, therefore, 

we propose to approve and incorporate 

the submitted revised definitions by 

reference into the Alaska SIP. 

h. Emergency Episode Plan 

EPA approved the Fairbanks 

Emergency Episode Plan as meeting 

certain Moderate area control strategy 

requirements on September 8, 2017 (82 

FR 42457). EPA subsequently approved 

the plan for purposes of CAA section 

110(a)(2)(G) requirements for the 2006 

24-hour PM2.5 NAAQS (November 28, 

2018, 83 FR 60769). Alaska revised the 

Fairbanks Emergency Episode Plan and 

submitted the updated plan as part of 

the Fairbanks Serious Plan submission 

on December 13, 2019. However, EPA 

did not act on the Fairbanks Serious 

Plan version, and Alaska has since 

revised the Emergency Episode Plan and 

submitted the updates for approval on 

December 15, 2020. EPA’s most recent 

approval of the Fairbanks Emergency 

Episode Plan (Volume II, Section 

III.D.5.11) occurred on June 5, 2019 (84 

FR 26019). 

As noted previously, on December 15, 

2020, Alaska submitted an updated 

Fairbanks Emergency Episode Plan as it 

applies to the Fairbanks PM2.5

Nonattainment Area (Volume II, Section 

III.D.7.12). Generally, the submitted 

plan strengthens the solid fuel burning 

device curtailment program 

implemented via 18 AAC 50.075(e) and 

makes the control measures within this 

emissions source category more 

stringent. The submitted plan includes 

lower (more stringent) thresholds for air 

quality episodes and advisory/alerts, 

along with updated exceptions that have 

a limited duration and incentivize 

upgrading heating devices. 

In particular, Alaska revised the Air 

Quality Episode Thresholds and 

Exceptions used to declare the two-stage 

curtailment program. Both of the alert 

stages were lowered by 5 micrograms 

per cubic meter (mg/m3) in this 

submission. The Stage 1 Air Alert 

requires solid fuel burning devices to 

cease operation once PM2.5

concentrations exceed 20 mg/m3.40 The 

Emergency Episode Plan provides an 

exception during periods of power 

outage (Volume II, Section III.D.7.12, 

Table 7.12–1). Otherwise, operation of a 

solid fuel burning device during an air 

quality episode is prohibited unless the 

device qualifies for a temporary waiver. 

Operation of a solid fuel burning device 

during the Stage 1 Air Alert is allowed 

only if the device meets certain 

qualifications and conditions (see 

Volume II, Section III.D.7.12, Table 

7.12–6 of the Fairbanks Serious Plan). 

Specifically, the waiver is limited in 

duration and requires older devices to 

be replaced in order to maintain the 

waiver. The Stage 2 Air Alert requires 

solid fuel burning devices to cease 

operation once PM2.5 concentrations rise 

above 30 micrograms per cubic meter 

(mg/m3). Waivers for Stage 1 and Stage 

2 Alerts are provided for a device owner 

or operator that qualifies for a No Other 

Adequate Source of Heat (NOASH) 

waiver (see Volume II, Section 

III.D.7.12, Table 7.12–5 of the Fairbanks 

Serious Plan), but these waivers are also 

limited in duration and require older 

devices to be replaced in order to 

maintain the waiver. The Fairbanks 

Emergency Episode Plan included in the 

December 15, 2020, submission 

includes a control measure that will 

take effect upon an EPA finding under 

40 CFR 51.1014(a) (‘‘Stage 2 Air Alert 

Contingency Measure’’). If triggered, the 

control measure will lower the Stage 2 

Air Alert threshold from 30 mg/m3 to 25 

mg/m3. See Table 1 below. 

TABLE 1—ALASKA’S TABLE 7.12–1 AIR QUALITY EPISODE THRESHOLDS AND EXCEPTIONS

Episode feature Stage 1 air alert Stage 2 air alert Stage 2 air alert 

contingency measure 

PM2.5 Threshold, micrograms per cubic meter, (μg/m3) .................. 20 ................................. 30 ................................. 25. 

Exceptions During a Power Outage ................................................. Yes ............................... Yes ............................... Yes. 

The Fairbanks Emergency Episode 

Plan also includes Air Advisories that 

allow Alaska to request voluntary 

curtailment actions prior to reaching 

PM2.5 concentrations that trigger the Air 

Alerts and mandatory curtailment 

requirements. Air Advisories are 

declared when PM2.5 concentrations 

exceed 15 mg/m3 (24-hour rolling 

average). The Air Advisory was lowered 

by 5 mg/m3 in this submission. See 

Table 2 below. 

TABLE 2—ALASKA’S TABLE 7.12–3 

ADVISORY/ALERT LEVEL

Type 

24-hour 

average PM2.5

concentration 

(μg/m3) 

Advisory Alert ................. 15 

Alaska’s revisions to the Fairbanks 

Emergency Episode Plan improve the 

State’s ability to implement the solid 

fuel burning device curtailment program 

via 18 AAC 50.075(e) and make the 

related control measures more stringent. 

Specifically, the revised PM2.5

thresholds for the two-stage program 

will result in reduced emissions from 

solid fuel burning devices, particularly 

during the winter months. Therefore, we 

propose to approve and incorporate 

Volume II, Section III.D.7.12 of the State 

Air Quality Control Plan by reference 

into the Alaska SIP. As stated earlier, 

EPA is proposing to approve the 

Fairbanks Emergency Episode Plan as 

SIP strengthening and is not proposing 

to determine whether the Plan satisfies, 

in whole or in part, the control strategy 

requirements in CAA section 189 and 40 

CFR 51.1010 or the contingency 


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10520 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

41Submitted on December 15, 2020 and included 

in the docket. EPA is not at this time proposing to 

determine whether this updated planning chapter, 

in conjunction with the associated regulatory 

changes, meets other Serious area nonattainment 

plan requirements for the 2006 24-hour PM2.5

NAAQS in the Fairbanks PM2.5 Nonattainment 

Area. 

measure requirements in CAA section 

172(c)(9) and 40 CFR 51.1014. 

IV. Summary of Proposed Action 

In this action, EPA is proposing to 

approve the submitted revisions to the 

Alaska SIP as meeting the following 

Serious Plan required elements for the 

2006 24-hour PM2.5 NAAQS Fairbanks 

Nonattainment Area: 

• The 2013 base year emissions 

inventory (CAA section 172(c)(3); 40 

CFR 51.1008(b)(1)); 

• The State’s PM2.5 precursor 

demonstration for NOX and VOC 

emissions (CAA section 189(e) 40 CFR 

51.1006(a)); and 

The EPA is proposing to approve the 

submitted sections of the Alaska Air 

Quality Control Plan for the Fairbanks 

PM2.5 Nonattainment Area, State 

effective January 8, 2020: 

• Volume II Section III.D.7.06 and 

Volume III Section III.D.7.06 Emissions 

Inventory for purposes of the 2013 base 

year emissions inventory; 

• Volume II Section III.D.7.08 

Precursor Demonstration, for the 

purposes of NOX and VOC emissions as 

it relates to BACM/BACT control 

measure requirements; and 

Further, the EPA is proposing to 

approve the submitted section of the 

Alaska Air Quality Control Plan for the 

Fairbanks PM2.5 Nonattainment Area, 

State effective December 25, 2020: 

• Volume II Section III.D.7.12, 

Emergency Episode Plan.41

EPA is also proposing to approve and 

incorporate by reference submitted 

regulatory changes into the Alaska SIP. 

EPA is not at this time proposing to 

determine whether these provisions also 

meet other Serious area nonattainment 

plan requirements for the 2006 24-hour 

PM2.5 NAAQS in the Fairbanks PM2.5

Nonattainment Area. Upon final 

approval, the Alaska SIP will include: 

• 18 AAC 50.030, except (a), State 

effective January 12, 2018; 

• 18 AAC 50.075, except (d)(2) and 

(f), State effective January 8, 2020; 

• 18 AAC 50.076, except (g)(11), State 

effective January 8, 2020; 

• 18 AAC 50.077, except (g) and (q), 

State effective January 8, 2020; 

• 18 AAC 50.078, except (c) and (d), 

State effective January 8, 2020; 

• 18 AAC 50.079, except (e), State 

effective January 8, 2020; and 

• 18 AAC 50.990(71), (138), (149), 

(150), (151), (152), (153), (154), and 

(155), State effective January 8, 2020. 

EPA is soliciting public comments on 

these proposed actions. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the regulations described in Section IV 

of this preamble. EPA has made, and 

will continue to make, these materials 

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). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve 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 those requirements would 

be inconsistent with the Clean Air Act; 

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 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 

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: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–03064 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0605; FRL–10019– 

34–Region 9] 

Air Plan Approval; California; Imperial 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) from natural gas-fired 


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