MEMORANDUM 


DATE: March 5, 2012 

SUBJECT: Technical Support Document: Section 110(a)(l) and (2) Infrastructure 

Requirements f0t1::97 8-hour Ozone Standard; Alaska 

FROM: 

THRU: 

Kristin Hall 1~' 

Debra Suzuki, Unit Manager, S APU IfL¥ 

TO: Docket File EPA-RI0-0AR-20l1-0883 

A. INTRODUCTION 

EPA is proposing to approve the State Implementation Plan (SIP) submittal from the State of 

Alaska to demonstrate that the SIP meets the requirements of section llO(a)(l) and (2) of the 

Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated 

for ozone on July 18, 1997. EPA is proposing to find that the Alaska SIP meets the following 

110(a)(2) infrastructure elements for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), 

(F), (0), (H), (J), (K), (L), and (M). EPA is proposing to concurrently approve a number of 

revisions to the Alaska SIP as a necessary condition to approving the 11 O(a)(2) infrastructure 

elements for ozone. Specifically, EPA is proposing to approve revisions submitted by Alaska to 

update the SIP to include the most recent ozone standard at an 8-hour averaging period, the 

associated federal method for measuring and monitoring ozone in ambient air, a general 

definition ofozone, federal Prevention of Significant Deterioration (PSD) program changes to 

regulate NOx as a precursor to ozone, and regulations to satisfy CAA section 128 conflict of 

interest disclosure requirements. 

B.BACKGROUND 

On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA revised the ozone NAAQS 

to provide an 8-hour averaging period which replaced the previous I-hour averaging period, and 

the level ofthe NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 

38856). 

The Clean Air Act (CAA or Act) requires State Implementation Plans (SIPs) meeting the 

requirements of sections 11 O(a)(l) and (2) be submitted by states within 3 years after 

promulgation of a new or revised standard. Sections 11 O(a)(l) and (2) require states to address 

basic SIP requirements, including emissions inventories, monitoring, and modeling to assure 

attainment and maintenance ofthe standards, so-called "infrastructure" requirements. States 

1 
were required to submit such SIPs for the 1997 8-hour ozone N AAQS to EPA no later than June 

2000. However, intervening litigation over the 1997 8-hour ozone standard created uncertainty 

about how to proceed, and many states did not provide the required infrastructure SIP 

submissions for the newly promulgated standard. 

To help states meet this statutory requirement, EPA issued guidance to address infrastructure SIP 

elements under section 11 O(a)(1) and (2). I This guidance provides that to the extent an existing 

SIP already meets the section II O(a)(2) requirements, states need only to certify that fact via a 

letter to EPA. Section 11 O(a) imposes the obligation upon states to make a SIP submission to 

EPA for a new or revised N AAQS, but the contents of that submission may vary depending upon 

the facts and circumstances. In particular, the data and analytical tools available at the time the 

state develops and submits the SIP for a new or revised NAAQS affects the content ofthe 

submission. The contents of such SIP submissions may also vary depending upon what 

provisions the state's existing SIP already contains. In the case of the 1997 8-hour ozone 

NAAQS, states typically have met the basic program elements required in section II 0(a)(2) 

through earlier SIP submissions in connection with previous ozone standards. 

C. ALASKA SUBMITTAL 

The Alaska Department of Environmental Conservation (ADEC) submitted a SIP to EPA on 

March 2,2012, certifying that Alaska's SIP meets the infrastructure obligations for the 1997 

ozone NAAQS, 1997 PM2.5 NAAQS, 2006 PM2.5NAAQS, 2008 ozone NAAQS, and 2008 lead 

NAAQS. The submittal included an attachment analyzing Alaska's SIP as it relates to each 

section ofthe infrastructure requirements. The state has requested parallel processing on the 

March 2, 2012 submittal. Under this procedure, the state submits the SIP revision to EPA before 

final adoption by the state. EPA reviews this proposed state action and prepares a notice of 

proposed rulemaking. EPA publishes its notice ofproposed rulemaking in the Federal Register 

and solicits public comment in approximately the same time frame during which the state is 

completing its rulemaking action. ADEC provided a schedule to EPA for finalizing the March 2, 

2012 SIP submittal, including public review, state adoption, and submittal of the final SIP 

package to EPA. If changes are made to the SIP submittal after this proposal, such changes will 

be described in EPA's final rulemaking action and, if such changes are significant, EPA may repropose the action and provide an additional public comment period. 

At this time, EPA is acting on the infrastructure SIP submittal for the 11 O(a)(2) required 

elements as they relate to the 1997 8-hour ozone NAAQS. This action does not address 

infrastructure requirements with respect to the 1997 PM2.5 NAAQS, 2006 PM2.5 NAAQS, 2008 

ozone NAAQS, and 2008 lead NAAQS which EPA intends to act on at a later time. This action 

also does not address the requirements of 11 0(a)(2)(D(i) for the 1997 8-hour ozone NAAQS 

which were previously approved by EPA on October 15, 2008 (73 FR 60955). 

EPA is proposing to concurrently approve a number ofrevisions to the Alaska SIP as a necessary 

condition to approving the 11O(a)(2) infrastructure elements for ozone. On April 9, 2010 ADEC 

1 William T. Harnett, Director, Air Quality Policy Division, Office of Air Quality Planning and Standards. "Guidance 

on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 B-hour Ozone and PM•.s National Ambient 

Air Quality Standards." Memorandum to EPA Air Division Directors, Regions I-X, October 2,2007. 

2 

submitted a SIP revision to EPA which includes, among other things, revisions to Alaska 

Administrative Code Chapter 50 "Air Quality Control" to include recent changes to the NAAQS 

for PM2.5, ozone, and lead; federal reference and interpretation methods for monitoring and 

measuring PM2.5, ozone and lead in ambient air; and definitions for PM2.5 and ozone. EPA is 

proposing to approve the portions ofthis SIP revision which update the Alaska SIP to include the 

ozone standard at an 8-hour averaging period, the associated federal method for measuring and 

monitoring ozone in ambient air, a general definition of ozone. On November 19, 201 0, ADEC 

submitted a SIP revision which, among other things, contains updates to Alaska's PSD program. 

EPA is proposing to concurrently approve the Alaska PSD program revisions to regulate NOx as 

a precursor to ozone. On March 2,2012, ADEC submitted the above-described infrastructure 

certification, in addition to state conflict ofinterest and financial disclosure regulations for 

purposes ofmeeting the requirements ofCAA 128 and rules changes to meet federal 

requirements related to nitrogen dioxide, fine particulate matter and lead. In this action, EPA is 

proposing to approve the Alaska state conflict of interest and financial disclosure regulations as 

meeting the requirements of CAA section 128. EPA will act on the remainder of these SIP 

revisions in future actions. 

D. 	EPA REQUIREMENTS 

Section 11O(a)(l) provides the procedural and timing requirements for SIP submissions after a 

new or revised NAAQS is promulgated. Section 11 0(a)(2) lists specific elements that states 

must meet for "infrastructure" SIP requirements related to a newly established or revised 

NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, 

and emissions inventories that are designed to assure attainment and maintenance of the 

NAAQS. The requirements, with their corresponding CAA subsection, are listed below: 

• 	 110(a)(2)(A): Emission limits and other control measures. 

• 	 110(a)(2)(B): Ambient air quality monitoring/data system. 

• 	 110(a)(2)(C): Program for enforcement of control measures. 

• 	 11O(a)(2)(D): Interstate transport. 

• 	 11O(a)(2)(E): Adequate resources. 

• 	 11O(a)(2)(F): Stationary source monitoring system. 

• 	 11 0(a)(2)(G): Emergency power .. 

• 	 II O(a)(2)(H): Future SIP revisions. 

• 	 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of 

part D. 

• 	 11O(a)(2)(J): Consultation with government officials; public notification; and Prevention 

of Significant Deterioration (PSD) and visibility protection. 

• 	 11 0(a)(2)(K): Air quality modeling/data. 

• 	 11 0(a)(2)(L): Permitting fees. 

• 	 11O(a)(2)(M): Consultation/participation by affected local entities. 

EPA's October 2,2007 guidance clarified that two elements identified in section 11O(a)(2) are 

not governed by the 3 year submission deadline of section 11O(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not due within 3 years after promulgation of a 

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new or revised NAAQS, but rather due at the time the nonattainment area plan requirements are 

due pursuant to CAA section 172. These requirements are: (i) submissions required by section 

II0{a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I 

ofthe CAA, and (ii) submissions required by section 11 0(a)(2){I) which pertain to the 

nonattainment planning requirements of part D, Title I of the CAA. As a result, this action does 

not address infrastructure elements related to section 11 0(a)(2)(C) with respect to non attainment 

new source review (NSR) or 11 0(a)(2)(I). This action also does not address the requirements of 

110(a)(2)(D(i) for the 1997 8-hour ozone NAAQS which have been addressed by a separate 

action issued by EPA. On October 15, 2008, EPA approved the SIP submittal by ADEC as 

meeting the provisions of Clean Air Act section 11 0(a)(2)(D)(i) for the 1997 8-hour ozone 

NAAQS (73 FR 60955). Furthermore, EPA interprets the section 11O(a)(2)(J) provision on 

visibility as not being triggered by a new NAAQS because the visibility requirements in part C 

are not changed by a new NAAQS. 

E. EVALUATION OF STATE SUBMITTAL 

The Alaska infrastructure submittal summarizes the statutory and regulatory authority of ADEC 

to act on behalf ofthe State ofAlaska in any matter pertaining to the state air quality control 

plan. The infrastructure submittal lists specific provisions of the Alaska Statute (AS) Title 46 

Water, Air Energy and Environmental Conservation, Chapter 03 Environmental Conservation 

and Chapter 14 Air Quality Control; Alaska Administrative Code (AAC) Title 18 Environmental 

Conservation; and the Alaska SIP. The specific sections are listed below, with a discussion of 

how the Alaska submittal meets the requirements. 

110(a)(2)(A): Emission limits and other control measures: Section 11 0(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. EPA notes that the specific nonattainment 

area plan requirements of Section 11 0(a)(2)(I) are subject to the timing requirement of Section 

172, not the timing requirement of Section 11 O(a)(1). 

Alaska's submittal: Alaska's SIP submittal cites an overview of the Alaska environmental and 

air quality laws found at AS 46.03 and AS 46.14 and regulations found at AAC Title 18 

Environmental Conservation, Chapter 50 Air Quality Control. The regulations include statewide 

ambient air quality standards, major and minor permits, transportation conformity and fees, 

among others. The relevant laws and regulations are as follows: 

AS 46.03.020: Powers a/the department: Provides authority for ADEC to adopt regulations 

providing for control, prevention, and abatement of air, water, land, or subsurface land pollution. 

AS 46.03.860: Inspection warrant: Provides authority for ADEC to investigate actual or 

suspected sources of pollution or contamination, or to ascertain compliance or noncompliance. 

AS 46.14.010: Emission control regulations: Provides authority for ADEC to adopt regulations 

establishing ambient air quality standards, emission standards, or exemptions to implement a 

state air quality control program. 

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AS 46.14.020: Classification ofstationary sources or emissions units; reporting: Provides 

authority for ADEC to require emissions reporting from stationary sources. 

AS 46.14.030: State air quality plan: Provides authority for ADEC to "act for the state in any 

negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401 - 7671q 

(Clean Air Act), as amended. The department may adopt regulations necessary to implement the 

state plan." 

AS 46.14.240: Permit administrationfees: Provides authority to assess permit administration 

fees to sources. 

AS 46.14.250: Emissionfees: Provides authority to establish emission fee rates and require 

sources to pay assessed emission fees annually. 

AS 46.14.515: Inspection: Provides authority to inspect regulated sources, including records, 

emissions units, monitoring equipment or methods, and to sample any emissions the source is 

required to sample. 

18 AAC 50.005: Purpose and Applicability ofChapter: Lays out the purpose of the Alaska air 

quality regulations as they relate to the authority provided in the Clean Air Act and Alaska 

statute. The air quality regulations apply to "any person who allows or causes air pollutants to be 

emitted into the ambient air." 

18 AAC 50.010: Ambient Air Quality Standards: This section establishes state-wide standards for 

concentrations of air pollutants in the ambient air, including ozone. 

18 AAC 50.035: Documents, Procedures, and Methods Adopted by Reference: Subsection (b) 

adopts by reference the federal reference and interpretation methods for measuring criteria 

pollutants in ambient air, including ozone. 

18 AAC 50.045: Prohibitions: Requires sources comply with applicable local, state and federal 

law and prohibits construction, operation or modification ofa source that will result in a 

violation ofthe applicable emission standards or that will interfere with the attainment or 

maintenance of ambient air quality standards. 

18 AAC 50.050 18 AAC 50.075: These regulations establish emissions limits for specific 

sources. 

18 AAC 50.201: Ambient Air Quality Investigation: Provides authority to ADEC to require a 

source to do emissions testing, reduce emissions, and apply controls to sources when there's a 

reasonable likelihood the sources emissions are causing or significantly contributing to ambient 

concentrations ofone or more air pollutants that exceed an ambient air quality standard or where 

emission limits are exceeded. 

18 AAC 50.302: Construction Permits: This section requires new or modified major sources to 

obtain a PSD, non-attainment NSR, or construction permit for major sources ofhazardous air 

pollutants. 

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18 AAC 50.306: Prevention ofSignificant Deterioration Permits: This section requires sources 

to generally comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 

50.040. The section also provides for procedures for issuing permits as generally laid out in AS 

46.14, and 40 CFR 52.166(f) and (q)(2), and 40 CFR 52.21, as adopted by reference in 18 AAC 

50.040. 

18 AAC 50.345: Construction and Operating Permits: Standard Permit Conditions: This 

section requires the source to comply with each permit term and condition. The section specifies 

that noncompliance with a permit term or condition constitutes a violation and is grounds for an 

enforcement action; permit terminations, revocation and reissuance, or modification in 

accordance with the authorizing statute. This section also provides ADEC the authority to 

inspect the source, equipment, practices, or operations; have access to records; and sample or 

monitor to assure compliance with the permit or other applicable requirements. 

18 AAC 50.502: Minor Permits for Air Quality Protection: This section requires a minor permit 

prior to construction, operation or relocation ofminor sources that have the potential to emit 

above specified emission rates. 

18 AAC 50.540: Minor Permit Application: This section requires that sources applying for a 

minor permit demonstrate that the proposed potential emissions from the stationary source will 

not interfere with the attainment or maintenance ofthe ambient air quality standards. 

18 AAC 50.542: Minor Permit Review and Issuance: This section sets out the permitting 

process for minor sources and provides authority to deny a minor permit application classified 

under 18 AAC 50.502 ifthe department finds that construction and operation will result in a 

violation ofa requirement of 18 AAC 50.045 - 18 AAC 50.090 or an ambient air quality 

standard. 

18 AAC 50.544: Minor Permits: Content: This regulations requires each minor permit under 18 

AAC 50.502(C) to include terms and conditions as necessary to ensure that the proposed 

stationary source or modification will not cause or contribute to a violation of any ambient air 

quality standard. 

18 AAC 50.700 18 AAC 50.735: Conformity: This section lays out transportation conformity 

requirements. 

f 8 AC 50.990: Definitions. This section includes "ambient air quality standard" means a 

standard, other than an emission standard, adopted under AS 46.14.010,46.14.140, 46. 14.400(f), 

or 42 U.S.C. 7409 (Clean Air Act, sec. 109). This section also includes the definition for ozone. 

EPA analysis: Alaska's SIP meets the requirements of section 11 0(a)(2)(A) for the 1997 8-hour 

ozone NAAQS, subject to the following clarifications. First, this infrastructure element does not 

require the submittal ofregulations or emission limitations developed specifically for attaining 

the 1997 ozone NAAQS. Furthermore, Alaska has no areas designated nonattainment for the 

6 

1997 8-hour ozone NAAQS. As a result, Alaska primarily regulates emissions ofozone and its 

precursors through its SIP-approved major and minor source permitting programs. 

The current federally-approved Alaska ambient air quality standards rule at 18 AAC 50.010 only 

contains the previously promulgated one-hour ozone standard. As noted above, Alaska 

submitted a SIP revision to EPA on April 9, 2010 which includes a number ofupdates to 

incorporate more recent federal ozone regulatory changes. The SIP revises Alaska's ambient air 

quality standards at 18 AAC 50.010(4) to include the 2008 8-hour ozone standard of 0.075 ppm 

at an 8-hour averaging period. This revision inherently satisfies the requirements for the 1997 8­

hour ozone NAAQS because the 2008 8-hour ozone NAAQS of0.075 ppm is more stringent 

than the 1997 8-hour ozone NAAQS of 0.080 ppm. The SIP revision also revises the lead-in 

language of 18 AAC 50.010 to reference analytical methods adopted by reference at 18 AAC 

50.035. The SIP revision then incorporates by reference 40 CFR Part 50 Appendix P: 

Interpretation ofthe Primary and Secondary National Ambient Air Quality Standards for Ozone 

at 18 AAC 50.035(b)(1) and adds a reference to 40 CFR Part 50 Appendix P at 18 AAC 

50.215(a)(2). Finally, the SIP revision adds a basic definition ofozone at 18 AAC 50.990(129). 

EPA is proposing to approve these portions ofthe April 9, 2010 SIP revision in order to update 

Alaska's SIP to include the most recent federal ozone NAAQS and related analytical methods. 

As a result, EPA is proposing to concurrently approve Alaska's SIP as meeting the requirements 

ofsection 11 0(a)(2)(A) for the 1997 8-hour ozone NAAQS. 

In this action, EPA is not proposing to approve or disapprove any existing state provisions with 

regard to excess emissions during startup, shutdown, or malfunction (SSM) of operations at a 

facility. EPA believes that a number ofstates may have SSM provisions that are contrary to the 

Clean Air Act and existing EPA guidance2 and the Agency plans to address such state 

regulations in the future. In the meantime, EPA encourages any state having a deficient SSM 

provision to take steps to correct it as soon as possible. 

In this action, EPA is not proposing to approve or disapprove any existing state rules with regard 

to director's discretion or variance provisions. EPA believes that a number of states may have 

such provisions that are contrary to the Clean Air Act and existing EPA guidance (52 FR 

45109), November 24, 1987, and the Agency plans to take action in the future to address such 

state regulations. In the meantime, EPA encourages any state having a director's discretion or 

variance provision that is contrary to the Clean Air Act and EPA guidance to take steps to correct 

the deficiency as soon as possible. 

110(a)(2)(B): Ambient air quality monitoring/data system: Section 11O(a)(2)(B) requires 

SIPs to include provisions to provide for establishment and operation of ambient air quality 

monitors, collecting and analyzing ambient air quality data, and making these data available to 

EP A upon request. 

2 Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and Radiation. "State Implementation Plans (SIPs): Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 

1999. 

7 
Alaska's submittal: Alaska's SIP submittal references Alaska statutory and regulatory 

authority to conduct ambient air monitoring investigations. The specific references are below: 

AS 46.03.020(5): Provides ADEC with authority to undertake studies, inquiries, surveys, or 

analyses it may consider essential to the accomplishment of the purposes ofthe department; 

these activities may be carried out by the personnel ofthe department or in cooperation with 

public or private agencies, including educational, civic, and research organizations, colleges, 

universities, institutes, and foundations." 

AS 46.14.180: Provides ADEC with authority to require sources to monitor emissions and 

ambient air quality to demonstrate compliance with applicable permit program requirements. 

18 AAC 50.201: Ambient Air Quality Investigation: Provides authority to ADEC to require a 

source to do emissions testing, reduce emissions, and apply controls to sources when there's a 

reasonable likelihood the source's emissions are causing or significantly contributing to ambient 

concentrations of one or more air pollutants that exceed an ambient air quality standard or where 

emission limits are exceeded. 

In addition, the Alaska submittal states that on April I, 2010, the State ofAlaska adopted into 18 

AAC 50 Articles 1 and 2, 40 CFR Part 50 interpretation methods for ozone: Appendix P: 

Interpretation ofthe Primary and Secondary National Ambient Air Quality Standards for Ozone. 

The submittal also describes Memoranda of Understanding between ADEC and the Municipality 

ofAnchorage (MOA) and Fairbanks North Star Borough (FNSB) to operate air quality control 

programs in their respective jurisdictions. ADEC's Air Non-Point Mobile Source Program and 

Air Monitoring & Quality Assurance Program work with MOA and FNSB to prepare Alaska's 

annual ambient air monitoring network plan, the most recent ofwhich is the 2011 Alaska Air 

Monitoring Network Plan at http://www.dec.state.ak.us/air/am/index.htm. There are no 

nonattainment areas for 1997 8-hour ozone standard in Alaska. ADEC has recently implemented 

monitoring for ozone in the Anchorage area, as outlined in the above-referenced monitoring 

network plan. 

Alaska collects and validates State and Local Air Monitoring Stations and Special Purpose 

Monitoring ambient air quality monitoring data and reports the data to the AMQA's database 

manager. This person verifies the data, and electronically reports these data to EPA through the 

Air Quality System (AQS) on a quarterly basis. 

ADEC's revised "Quality Assurance Project Plan for the State of Alaska Air Monitoring and 

Quality Assurance Program was adopted by reference into the State Air quality Control Plan on 

October 29, 2010. The plan can be found at 

http://www.dec.state.ak.us/air/doc/ADEC AMOA OAPP 23FEB 1 O-final.pdf . 

EPA analysis: A comprehensive air quality monitoring plan, intended to meet requirements of 

40 CFR part 58 was submitted by Alaska to EPA on January 18, 1980 (40 CFR 52.70) and 

approved by EPA on April 15, 1981. This air quality monitoring plan has been subsequently 

updated and submitted to EPA. The most recent plan is dated July 1, 2011 and was approved by 

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EPA on October 5, 2011. This plan includes, among other things, the locations for ozone 

monitoring. Alaska makes this plan available for public review at 

http://www.dec.state.ak.us/air/am/index.htm. 

As discussed above, Alaska submitted a SIP revision to EPA on April 9, 2010 which includes, 

among other things, the adoption by reference of40 CFR Part 50 Appendix P: Interpretation of 

the Primary and Secondary National Ambient Air Quality Standards for Ozone at 18 AAC 

50.035. EPA is proposing to approve this revision to the Alaska SIP to incorporate by reference 

40 CFR Part 50 Appendix P. Based on the foregoing, EPA is proposing to approve the Alaska 

SIP as meeting the requirements of CAA Section 11 0(a)(2)(B) for the 1997 8-hour ozone 

NAAQS. 

llO(a)(2)(C): Program for enforcement of control measures: Section 11 0(a)(2)(C) requires 

states to include a program providing for enforcement of all SIP measures and the regulation of 

construction ofnew or modified stationary sources, including a program to meet prevention of 

significant deterioration (PSD) and nonattainment New Source Review (NSR) requirements. 

Alaska's submittal: Alaska's SIP submittal refers to ADEC's statutory authority to regulate 

stationary sources via an air permitting program established in AS 46.14 Air Quality Control, 

Article 01 General Regulations and Classifications and Article 02 Emission Control Permit 

Program. The submittal indicates that ADEC's PSDINSR programs were approved by EPA on 

August 14,2007 (72 FR 45378) and that the PSDINSR programs implement the 1997 ozone 

NAAQS and relevant requirements ofthe Phase II ozone implementation rule as required in 69 

FR 23951 (April 30, 2004) and 70 FR 71612 (November 29,2005). 

Alaska's submittal references the following regulations: 

18 AAC 50.302: Construction Permits: This section requires new or modified major sources to 

obtain a PSD, non-attainment NSR, or construction permit for major sources of hazardous air 

pollutants. 

18 AAC 50.306: Prevention ofSignificant Deterioration Permits: This section requires sources 

to generally comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 

50.040. The section also provides for procedures for issuing permits as generally laid out in AS 

46.14, and 40 CFR 52.1 66(f) and (q)(2), and 40 CJ:<R 52.21, as adopted by reference in 18 AAC 

50.040. 

18 AAC 50.345 Construction and Operating Permits: Standard Permit Conditions: Requires 

compliance with permit terms and conditions for stationary sources. Includes requirements for 

compliance inspections, source testing, and reporting. 

18 AAC 50.508 Minor Permits Requested by the Owner or Operator: Provides for ownerrequested emissions limits in certain situations. 

9 

18 AAC 50.540 Minor Permit: Application: Includes minor pennit applications requirements, 

including the requirement to demonstrate that proposed potential emissions will not interfere 

with attainment or maintenance of the ambient air quality standards. 

18 AAC 50.542 Minor Permit Review and Issuance: Establishes requirements for minor pennit 

review and issuance including denial of a minor pennit where the department finds that 

construction and operation will result in a violation of an ambient air quality standard. 

18 AAC 50.542(c) Screening Ambient Air Quality Analysis: Lays out criteria for ambient air 

quality analysis including required modeling protocol. 

18 AAC 50.045 Prohibitions: Requires stationary source compliance with this chapter and any 

other applicable local, state or federal law. Prohibits the construction, operation or modification 

of a stationary source that will result in a violation of the applicable emission standards or that 

will interfere with the attainment or maintenance of ambient air quality standards. 

18 AAC 50. 345(c) Construction and Operating Permits: Standard Permit Conditions: 

Requirement to comply with pennit tenns and conditions; grounds for enforcement, pennit 

tennination, revocation, reissuance, or modification. 

In addition, Alaska's SIP submittal states that a violation of these prohibitions or any pennit 

condition can result in civil actions (AS 46.03.760), administrative penalties (AS 46.03.761), or 

criminal penalties (AS 46.03.790). In addition, Alaska's SIP submittal refers to regulations 

pertaining to compliance orders and enforcement proceedings are found in 18 AAC Chapter 95 

Administrative Enforcement. 

AS 46.03.760: Civil action for pol/ution; damages: Provides authority for civil action where a 

person violates a provision, regulation, a lawful order of the department, or a pennit, approval, or 

acceptance, or tenn or condition of a pennit, approval, or acceptance issued under this chapter or 

AS 46.04 or AS 46.09 is liable, in a civil action, 

AS 46.03. 761: Administrative penalties: Provides authority for ADEC to assess an administrative 

penalty against an entity that violates a provision ofAS 46.03.720 or a tenn or condition of a 

regulation, order, pennit, approval, or certificate of the department. 

AS 46.03. 790: Criminal penalties: Provides authority to charge a person with a class A 

misdemeanor where applicable. 

AS 46.03.820: Emergency powers: Provides ADEC with emergency order authority where there 

is a" person causing, engaging in, or maintaining a condition or activity that, in the judgment of 

its commissioner presents an imminent or present danger to the health or welfare of the people of 

the state or would result in or be likely to result in irreversible or irreparable damage to the 

natural resources or environment, and it appears to be prejudicial to the interests of the people of 

the state to delay action until an opportunity for a hearing can be provided, the department may, 

without prior hearing, order that person by notice to discontinue, abate, or alleviate the condition 

10 

or activity. The proscribed condition or activity shall be immediately discontinued, abated, or 

alleviated." 

18 AAC Chapter 95 Administrative Enforcement: Provides regulations and procedures for 

compliance orders and enforcement proceedings. 

EPA analysis: To generally meet the requirements ofsection 11 0(a)(2)(C), the state is required 

to have prevention of significant deterioration (PSD), nonattainment new source review (NSR), 

and minor NSR permitting programs adequate to implement the 1997 8-hour ozone NAAQS. As 

explained above, in this action EPA is not evaluating nonattainment related provisions, such as 

the nonattainment NSR program required by part D ofthe CAA. In addition, Alaska has no 

nonattainment areas for the 1997 ozone NAAQS. 

EPA believes the cited Alaska SIP-approved provisions provide ADEC with the authority with 

the authority to enforce air quality regulations, permits, and orders promulgated pursuant to AS 

46.03 and AS 46.14. ADEC staffs and maintains an enforcement program to ensure compliance 

with SIP requirements. ADEC has emergency order authority when there is an imminent or 

present danger to health or welfare or potential for irreversible or irreparable damage to natural 

resources or environment. Enforcement cases may be referred to the State Department of Law. 

Therefore, EPA is proposing to approve the Alaska SIP as meeting the requirements of section 

110(a)(2)(C) relating to enforcement. 

EPA believes Alaska's PSD program generally meets the requirements for the 1997 8-hour 

ozone standard, with the exception discussed below. EPA recently approved changes to 

Alaska's PSD program on Pebruary 9,2011 to reflect changes to the federal PSD program 

relating to the permitting of greenhouse gas emissions (76 PR 7116). Prior to that, EPA approved 

revisions to Alaska's PSD program on August 14,2007 (72 PR 45378). However, in order for 

Alaska's SIP-approved PSD program to fully satisfy the requirements of section 11O(a)(2)(C) for 

the 1997 ozone NAAQS, the program must also properly regulate nitrogen oxides as a precursor 

to ozone. On November 29, 2005, EPA promulgated the phase 2 implementation rule for the 

1997 ozone NAAQS, which includes requirements for PSD programs to treat nitrogen oxides as 

a precursor to ozone (72 PR 71612). The phase 2 implementation rule accordingly updated the 

regulations at 40 CPR 51.166 and 40 CPR 52.21 to meet these requirements, effective January 

30, 2006. This effective date is after the July 1, 2004 date ofincorporation by reference of 40 

CPR 51.166 and 40 CPR 52.21 by the current federally-approved Alaska SIP. In other words, 

Alaska's current federally-approved PSD program does not meet the requirements ofthe phase 2 

ozone implementation rule. 

On November 19,201 0, Alaska submitted a SIP revision that includes, among other things, 

updates to the state's incorporate by reference dates offederal PSD regulations. Specifically, 

the SIP revision updates the Alaska SIP to include revised federal definitions oftenns referenced 

by the Alaska PSD program including "major stationary source," "major modification," 

"significant" and "regulated NSR pollutant." As a result of this updated incorporation by 

reference, Alaska's federally-approved PSD program will meet the requirement to regulate NOx 

as a precursor to ozone. Therefore, EPA is proposing to approve the portion ofAlaska's 

November 19, 2010 SIP revision that updates the incorporation by reference dates for 40 CPR 

11 

51.166 and 40 CFR Part 52 revised as ofAugust 2, 2010 at 18 AAC 50.040(h) as they relate to 

the four definitions described above. EPA is also proposing to approve the sections of 18 AAC 

50.990 which reference those federal definitions: 18 AAC 50.990(52) "major stationary source," 

18 AAC 50.990(53) "major modification," 18 AAC 50.990(92) "regulated NSR pollutant." EPA 

is proposing to concurrently approve the Alaska SIP as meeting the requirements of 11 0(a)(2)(C) 

as they relate to PSD for the 1997 8-hour ozone standard. 

EPA is also proposing to approve Alaska's SIP for the 1997 8-hour ozone NAAQS with respect 

to the general requirement in section 11 0(a)(2)(C) to include a program in the SIP that regulates 

the modification and construction of any stationary source as necessary to assure that the 

NAAQS are achieved. In this action, EPA is not proposing to approve or disapprove any state 

rules with regard to NSR Reform requirements for major sources. EPA most recently approved 

changes to Alaska's NSR program, including NSR Reform, on August 14,2007 (72 FR 45378). 

Alaska's SIP-approved minor NSR program adopted pursuant to section 11O(a)(2)(C) of the Act 

regulates ozone and its' precursors. In this action, EPA is not proposing to approve or disapprove 

the state's existing minor NSR program itself to the extent that it is inconsistent with EPA's 

regulations governing this program. EPA believes that a number ofstates may have minor NSR 

provisions that are contrary to the existing EPA regulations for this program. EPA intends to 

work with states to reconcile state minor NSR programs with EPA's regulatory provisions for the 

program. The statutory requirements ofsection 11O(a)(2)(C) provide for considerable flexibility 

in designing minor NSR programs, and EPA believes it may be time to revisit the regulatory 

requirements for this program to give the states an appropriate level offlexibility to design a 

program that meets their particular air quality concerns, while assuring reasonable consistency 

across the country in protecting the NAAQS with respect to new and modified minor sources. 

110(a)(2)(D): Interstate transport: Section 11 0(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one state from contributing 

significantly to nonattainment, or interfering with maintenance of the NAAQS in another state, 

or from interfering with measures required to prevent significant deterioration of air quality or to 

protect visibility in another state. As noted above, this action does not address the requirements 

of 11 0(a)(2)(D)(i) for the 8-hour ozone NAAQS which have been approved by EPA on October 

15,2008 (73 FR 60955). 

Interstate and International transport provisions: Section 11 0(a)(2)(D)(ii) requires SIPs to 

include provisions insuring compliance with the applicable requirements of sections 126 and 115 

(relating to interstate and international pollution abatement). Specifically, section 126(a) 

requires new or modified major sources to notify neighboring states of potential impacts from the 

source. 

EPA analysis: EPA most recently approved changes to Alaska's PSD program on February 9, 

2011 to reflect changes to the federal PSD program relating to the permitting of greenhouse gas 

emissions (76 FR 7116). Prior to that, EPA approved revisions to Alaska's PSD program on 

August 14,2007 (72 FR 45378). In general, ADEC incorporates by reference the federal PSD 

rules at 40 CFR 52.21. In some cases, ADEC adopted provisions of40 CFR 51.166 rather than 

the comparable provisions of40 CFR 52.21 because 40 CFR 51.166 was a better fit for a SIP12 

approved PSD program. At 18 AAC 50.306(b), Alaska's federally-approved SIP incorporates by 

reference 40 CFR 51.166( q)(2), with certain modifications, to describe the public participation 

procedures for PSD permits, including requiring notice to states whose lands may be affected by 

the emissions of sources subject to PSD. As a result, Alaska's PSD regulations provide for 

notice consistent with the requirements ofthe EPA PSD program. The state also has no pending 

obligations under section 115 or 126(b) ofthe Act. Therefore, EPA is proposing to approve the 

Alaska SIP as meeting the requirements of CAA Section 11 0(a)(2)(D)(U) for the 1997 8-hour 

ozone NAAQS. 

llO(a)(2)(E): Adequate resources: Section 11 0(a)(2)(E) requires states to provide (i) necessary 

assurances that the state will have adequate personnel, funding, and authority under state law to 

carry out the SIP (and is not prohibited by any provision of Federal or state law from carrying 

out the SIP or portion thereof), (ii) requires that the state comply with the requirements 

respecting state boards under section 128 and (iii) necessary assurances that, where the state has 

relied on a local or regional government, agency, or instrumentality for the implementation of 

any SIP provision, the state has responsibility for ensuring adequate implementation of such SIP 

provision. 

Alaska's submittal: Alaska's SIP submittal states that ADEC maintains adequate personnel, 

funding, and authority to implement the SIP. Alaska refers to statute, regulation and the SIP to 

address this element, specifically: 

AS 46.14.030: State Air Quality Plan: This section provides ADEC the statutory authority to act 

for the state in any negotiations relative to the state air quality control plan developed under 42 

U.S.C. 7401 - 7671q (Clean Air Act), as amended. The department may adopt regulations 

necessary to implement the'state plan. 

18 AAC 50.030: State Air Quality Control Plan: This section provides the regulatory authority to 

implement and enforce the SIP. 

With regards to CAA section 128 requirements, Alaska's submittal states that ADEC is 

submitting existing state regulations for approval into the SIP for purposes ofmeeting CAA 128. 

Specifically, Alaska's submits Title 2 - Administration; Chapter 50 - Alaska Public Offices 

Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and 

Regulations ofLobbying; Article 1 - Public Official Financial Disclosure (2 AAC 50.010 - 2 

AAC 50.200) and Title 9 - Law; Chapter 52 - Executive Branch Code of Ethics (9 AAC 52.010 

9 AAC 52.990). Copies of these regulations are included in the March 2,2012 SIP revision and 

are being adopted into the Alaska SIP for purposes ofmeeting CAA 128. ADEC states it is 

submitting these regulations to meet CAA 110(a)(2)(E) and CAA 128 for this CAA Section 

11O(a)(l) and (2) infrastructure certification and for all future infrastructure certifications. 

There are no relevant air quality boards in Alaska, however, the ADEC commissioner, as an 

appointed official and the head of an executive agency, is required to file a financial disclosure 

statement annually by March 15th of each year with the Alaska Public Offices Commission 

(APOC). These disclosures are publically available through APOC's Anchorage office. Alaska's 

13 

Public Officials Financial Disclosure Forms and links to Alaska's financial disclosure 

regulations can be found at the APOC website: Http://doe.alaska.gov/apoc/home.html. 

With regard to assurances that the state has responsibility for ensuring adequate implementation 

of the plan where the state has relied on local or regional government agencies, Alaska states in 

its submittal that ADEC insures local programs have adequate resources and documents this in 

the appropriate SIP section. Statutory authority for establishing local air pollution control 

programs is found at AS 46.14.400: Local Air Quality Control Programs. 

ADEC's submittal states it provides technical assistance and regulatory oversight to the 

Municipality of Anchorage (MOA), Fairbanks North Star Borough (FNSB) and other local 

jurisdictions to ensure that the State Air Quality Control Plan and SIP objectives are 

satisfactorily carried out. ADEC has a Memorandum of Understanding with the MOA and 

FNSB that allows them to operate air quality control programs in their respective jurisdictions. 

The South Central Clean Air Authority has been established to aid the MOA and the MatanuskaSusitna Borough in pursuing joint efforts to control emissions and improve air quality in the airshed common to the two jurisdictions. In addition, ADEC indicates the department works 

closely with locals on nonattainment plans. 

EPA analysis: The above-listed laws and regulations provide Alaska with adequate authority to 

carry out SIP obligations with respect to the 1997 8-hour ozone NAAQS. Alaska receives 

sections 103 and 105 grant funds from EPA and provides state matching funds necessary to carry 

out Alaska's SIP requirements. Alaska has no state boards responsible for approving air permits 

or enforcement orders in Alaska. However, the ADEC commissioner, as head of an executive 

agency that approves permits and enforcement orders, must disclose potential conflicts of 

interest as required by CAA section 128. In Alaska's March 2, 2012 SIP revision, Alaska 

submitted conflict ofinterest disclosure and ethics regulations (2 AAC 50.010-50.200 and 9 

AAC 52.010 - 9 AAC 52.990) for purposes ofmeeting the infrastructure requirement to comply 

with CAA section 128. EPA has reviewed these regulations and is proposing to approve the 

Alaska submittal as meeting the requirements of CAA section 128 and CAA section 

110(a)(2)(E)(ii). Finally, Alaska's March 2, 2012 submittal provides assurances of adequate 

state authority when relying on local agencies to implement certain provisions ofthe SIP. 

Therefore, EPA is proposing to find that Alaska's SIP meets the requirements ofCAA section 

110(a)(2)(E) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(F): Stationary source monitoring system: Section 11O(a)(2)(F) requires (i) the 

installation, maintenance, and replacement of equipment, and the implementation of other 

necessary steps, by owners or operators of stationary sources to monitory emissions from such 

sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and (iii) correlation of such reports by the state agency with any emission 

limitations or standards established pursuant to the CAA, which reports shall be available at 

reasonable times for public inspection. 

Alaska's submittal: Alaska's SIP submittal states that ADEC has general statutory authority to 

regulate stationary sources via an air permitting program which includes permit reporting 

requirements, completeness determinations, administrative actions, and stack source monitoring 

14 

requirements. Alaska's submittal states ADEC has regulatory authority to determine compliance 

with these statutes via information requests and ambient air quality investigations. Monitoring 

protocols and test methods for stationary sources have been adopted by reference including the 

federal reference and interpretation methods for ozone. 

Alaska's submittal references the Alaska PSDINSR program originally approved by EPA on 

February 16, 1995 (60 FR 8943) and most recently approved by EPA on August 14,2007 (72 FR 

45378). ADEC states Alaska's program implements the 1997 8-hour ozone NAAQS and 

relevant requirements ofthe phase 2 ozone implementation rule (69 FR 23951 and 70 FR 

71612). Ambient air quality and meteorological data that are collected for PSD purposes by 

stationary sources are reported to ADEC on a quarterly and annual basis. 

Alaska refers to the following codes and regulations: 

AS 46.14.140: Emission control permit program regulations: This section requires state 

permitting programs to include monitoring, record keeping, and reporting for major sources, 

major modifications, or any source that has the potential to violate the NAAQS. This section 

also requires those permit programs to include procedures for preparation and submission of a 

monitoring, reporting, and quality assurance plan and, ifrequired, a compliance schedule 

describing how a permitted stationary source will comply with applicable requirements. This 

section also requires public notice, including opportunity for public comment and hearing related 

to such permits. 

AS 46.14.180: Monitoring: This section requires monitoring by the owner and operator of stack 

emissions or ambient air quality for purposes of demonstrating compliance with applicable 

permit program requirements. Monitoring requirements must be reasonable and based on test 

methods, analytical procedures, and statistical conventions approved by the federal administrator 

or the department or otherwise generally accepted as scientifically competent. In general, 

monitoring activities must be consistent with the applicable emission standards and their permit 

or permit application requirements. 

18 AAC 50.035: Documents, Procedures, and Methods Adopted by Reference: Monitoring 

protocols and test methods for stationary sources are adopted here by reference. Subsection (b) 

adopts by reference the federal reference and interpretation methods for measuring criteria 

pollutants in ambient air, including ozone. 

18 AAC 50.040: Federal Standards Adopted by Reference: The provisions of40 CFR Part 51, 

Appendix W (Guideline on Air Quality Models (Revised) are adopted by reference. And 

provisions of 40 CFR 51.166 and 40 CFR 52.21 (Prevention of Significant Deterioration of Air 

Quality), revised as ofAugust 2,2010 are adopted by reference. 

18 AAC 50.200: Information Requests: This regulation provides authority to ADEC to require 

sources to maintain records of and report on the nature and amount of emissions and other 

related information to evaluate compliance. 

15 
18 AAC 50.201: Ambient Air Quality Investigation: Provides authority to ADEC to require a 

source to do emissions testing, reduce emissions, and apply controls to sources when there's a 

reasonable likelihood the sources emissions are causing or significantly contributing to ambient 

concentrations of one or more air pollutants that exceed an ambient air quality standard or where 

emission limits are exceeded. 

18 AAC 50.220: Enforceable test methods: (a) The department may require an owner, operator, 

or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and 

this chapter ... (c): Reference test methods to be used by the owner, operator, or permittee. 

Source testing must be conducted in accordance with federal source test methods and procedures, 

adopted by reference, as applicable. 

18 AAC 50.345: Construction and Operating Permits: Standard Permit Conditions: Requires 

compliance with permit terms and conditions which include monitoring, reporting, record 

keeping and quality assurance requirements for permitted stationary sources. 

EPA analysis: The provisions cited above provide for monitoring, recordkeeping and reporting 

requirements for sources subject to major source permitting. EPA most recently approved 

changes to Alaska's PSD program on February 9,2011 to reflect changes to the federal PSD 

program relating to the permitting of greenhouse gas emissions (76 FR 7116). Prior to that, EPA 

approved revisions to Alaska's PSD program on August 14,2007 (72 FR 45378). As noted 

above, EPA is proposing to concurrently approve portions of a SIP revision submitted to EPA by 

ADEC on November 19, 2010 which update the Alaska PSD program to regulate NOx as a 

precursor to ozone. Alaska also requires minor sources subject to permitting under 18 AAC 50 

Article 5 to install, use and maintain monitoring equipment, sample emissions according to 

prescribed methods and procedures, provide source test reports, monitoring data, and emissions 

data, keep data and make periodic reports to ADEC. Therefore, EPA is proposing to approve 

Alaska's SIP as meeting the requirements of CAA Section 11 0(a)(2)(F) for the 1997 8-hour 

ozone NAAQS. 

llO(a)(2)(G): Emergency episodes: Section 11 0(a)(2)(0) requires states to provide for 

authority to address activities causing imminent and substantial endangerment to public health, 

including contingency plans to implement the emergency episode provisions in their SIPs. 

Alaska's submittal: The Alaska submittal cites the following air quality laws and regulations 

for this component: 

AS 46.03.020: Powers ofthe department: Provides authority for ADEC to adopt regulations 

providing for control, prevention, and abatement of air, water, land, or subsurface land pollution. 

AS 46.14.010: Emission control regulations: Provides authority for ADEC to adopt regulations 

establishing ambient air quality standards, emission standards, or exemptions to implement a 

state air quality control program. 

AS 46.14.020: Classification ofstationary sources or emissions units; reporting: Provides 

authority for ADEC to require emissions reporting from stationary sources. 

16 
AS 46.14.030: State Air Quality Plan: This section provides ADEC the statutory authority to act 

for the state in any negotiations relative to the state air quality control plan developed under 42 

USC 7401 - 7671q (Clean Air Act), as amended. The department may adopt regulations 

necessary to implement the state plan. 

AS 46.03.820: Emergency powers: Provides ADEC with emergency order authority where there 

is a" person causing, engaging in, or maintaining a condition or activity that, in the judgment of 

its commissioner presents an imminent or present danger to the health or welfare of the people of 

the state or would result in or be likely to result in irreversible or irreparable damage to the 

natural resources or environment, and it appears to be prejudicial to the interests of the people of 

the state to delay action until an opportunity for a hearing can be provided, the department may, 

without prior hearing, order that person by notice to discontinue, abate, or alleviate the condition 

or activity. The proscribed condition or activity shall be immediately discontinued, abated, or 

alleviated. " 

18 AAC 50.245: This section provides ADEC's regulatory authority to act during air episodes 

and advisories. 

ADEC also indicated in its submittal that three major municipalities in Alaska (Municipality of 

Anchorage, Fairbanks North Star Borough, and Juneau) also have ordinances, codes, or 

regulations that enable them to declare emergencies in the case of poor air quality. ADEC 

personnel remain in close contact with each municipality when an air emergency is declared, 

assisting with air monitoring and analysis, and implementing safety and control measures, as 

needed. 

EPA analysis: Alaska's statute AS 46.03.820 "Emergency Powers" provides for emergency 

order authority consistent with CAA section 303. As noted in EPA's October 2,2007 guidance, 

the significant harm level for the 8-hour ozone NAAQS shall remain unchanged at 0.60 ppm 

ozone, 2 hour average, as indicated in 40 CFR 51.151. EPA believes that the existing ozonerelated provisions of 40 CFR 51 Subpart H remain appropriate. Alaska's regulations listed 

above, which have been approved by EPA, are consistent with the requirements of 40 CFR 

51.151. Therefore, EPA is proposing to approve Alaska's SIP as meeting the requirements of 

11O(a)(2)(G). 

11O(a) (2)(H): Future SIP Revisions: Section 11O(a)(2)(H) requires that SIPs provide for 

revision ofsuch plan (i) from time to time as may be necessary to take account ofrevisions of 

such national primary or secondary ambient air quality standard or the availability of improved 

or more expeditious methods of attaining such standard, and (ii), except as provided in paragraph 

110(a)(3)(C), whenever the Administrator finds on the basis of information available to the 

Administrator that the SIP is substantially inadequate to attain the NAAQS which it implements 

or to otherwise comply with any additional requirements under the CAA. 

Alaska's submittal: Alaska's SIP submittal refers to statutory authority to adopt regulations in 

order to implement the CAA and the state air quality control program at AS 46.03.020(10)(A) 

and AS 46.l4.010(a). Alaska's submittal also refers to regulatory authority to implement 

provisions of the Clean Air Act at 18 AAC 50.010. ADEC states the department strives to 

17 

establish regulations and update Alaska's SIP in a timely fashion as new NAAQS are 

promulgated by EPA. 

AS 46.03.020(lO)(A): Powers o/the department: Provides authority for DEC to adopt 

regulations providing for control, prevention, and abatement of air, water, land, or subsurface 

land pollution. 

AS 46. 14.0JO(a); Emission control regulations: "After public hearing, the department may adopt 

regulations under this chapter establishing ambient air quality standards, emission standards, or 

exemptions to implement a state air quality control program required under 42 U.S.c. 7401 ­

7671q (Clean Air Act), as amended, and regulations adopted under those sections." 

EPA analysis: EPA believes Alaska has the requisite authority to update the SIP, and as a 

matter of practice, regularly updates the SIP to incorporate changes to the NAAQS and other 

federal regulatory changes. EPA approved numerous changes to Alaska's SIP on February 5, 

2007 (72 FR 5232) which included adoption by reference of updated EPA rules. EPA most 

recently approved changes to Alaska's SIP on February 9,2011 to update the state's PSD 

program to reflect changes to the federal PSD program relating to the permitting ofgreenhouse 

gas emissions (76 FR 7116). Therefore, EPA is proposing to approve Alaska's SIP as meeting 

the requirements of 11 O(a)(2)(H) for the 1997 8-hour ozone NAAQS. 

110(a)(2)(I): Nonattainment area plan revision under part D. 

EPA analysis: There are two elements identified in section 110(a)(2) not governed by the 3 year 

submission deadline ofsection 11 O(a)(I) because SIPs incorporating necessary local 

nonattainment area controls are not due within 3 years after promulgation of a new or revised 

NAAQS, but rather due at the time of the nonattainment area plan requirements pursuant to 

section 172. These requirements are: (i) Submissions required by section 11 0(a)(2)(C) to the 

extent that subsection refers to a permit program as required in part D Title I of the CAA, and (ii) 

submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning 

requirements of part D, Title I ofthe CAA. As a result, this action does not address 

infrastructure elements related to section 11 0(a)(2)(C) with respect to nonattainment NSR or 

section 11 0(a)(2)(I). 

1l0(a)(2)(J): Consultation with government officials: Section 11 0(a)(2)(J) requires states to 

provide a process for consultation with local governments and Federal Land Managers carrying 

out NAAQS implementation requirements pursuant to Section 121 relating to consultation. 

Section 11 0(a)(2)(J) further requires states to notify the public ifNAAQS are exceeded in an 

area and to enhance public awareness ofmeasures that can be taken to prevent exceedances. 

Lastly, Section 110(a)(2)(1) requires states to meet applicable requirements of Part C related to 

prevention of significant deterioration and visibility protection. 

Alaska's submittal: Alaska's SIP submittal refers to statutory authority to consult and 

cooperate with officials oflocal governments, state and federal agencies, and non-profit groups 

found at AS 46.030.020(3), (8). Alaska's submittal states that municipalities and local air quality 

districts seeking approval for a local air quality control program shall enter into a cooperative 

18 

agreement with ADEC according to AS 46. 14.400(d). ADEC can adopt new CAA regulations 

only after a public hearing as per AS 46.14.01O(a). In addition, Alaska's submittal states that 

public notice and public hearing regulations for SIP submittals and air quality discharge pennits 

are found at 18 AAC 15.050 and 18 AAC 15.060. Finally, Alaska's submittal also includes 

reference to the Alaska PSDINSR program originally approved by EPA on February 16, 1995 

(60 FR 8943), and most recently approved by EPA on August 14,2007 (72 FR 45378). The 

submittal states that Alaska's approved program implements the 1997 ozone NAAQS and 

relevant requirements of the phase 2 ozone implementation rule. Alaska submitted its Regional 

Haze SIP on April 4, 2011 to meet the requirements of40 CFR 51.308. 

The specific laws and regulations cited by Alaska are: 

AS 46.030.020(3). (8): Provides authority to ADEC to consult with and cooperate with "officials 

and representatives of any nonprofit corporation or organization in the state" and "persons, 

organizations, and groups, public and private, using, served by, interested in, or concerned with 

the environment ofthe state." Also provides authority to ADEC to "advise and cooperate with 

municipal, regional, and other local agencies and officials in the state, to carry out the purposes 

of this chapter." 

AS 46. 14.400(d): Provides authority for local air quality control programs and requires 

cooperative agreements between ADEC and local air quality control programs that specify the 

respective duties, funding, enforcement responsibilities, and procedures. 

AS 46. 14.010(a): Emission control regulations. "(a) After public hearing, the department may 

adopt regulations under this chapter establishing ambient air quality standards, emission 

standards, or exemptions to implement a state air quality control program required under 42 

U.S.C. 7401 - 7671q (Clean Air Act), as amended, and regulations adopted under those sections. 

The standards established under this section may be for the state as a whole or may vary in 

recognition of local conditions." 

18AAC 15.050: Provides authority and procedures for public notice and comment. 

18 AA C 15.060: Provides authority and procedures for public hearings. 

EPA analysis: EPA finds that Alaska's SIP contains provisions for consulting with government 

officials as specified in CAA 121. ADEC routinely coordinates with local governments, states, 

federal land managers and other stakeholders on air quality issues and provides notice to 

appropriate agencies related to pennitting actions. Alaska regularly participates in regional 

planning processes including the Western Regional Air Partnership which is a voluntary 

partnership ofstates, tribes, federal land managers, local air agencies and the US EPA whose 

purpose is to understand current and evolving regional air quality issues in the West. EPA is 

proposing to approve Alaska's SIP as meeting the requirements of CAA Section 11 0(a)(2)(J) for 

consultation with government officials. 

ADEC is a partner in EPA's AIRNOW and Enviroflash Air Quality Alert programs. Alaska 

provides the daily air quality index to the public on their website at 

19 
https:llfortress.wa.gov/ecylaaqmlDefault.htm and provides air quality advisory information at 

https:llmyalaska.state.ak.us/dec/air/airtoolsweb/ Advisories.aspx. ADEC also provides guidelines 

on how to minimize air quality impacts from open burning and how residents can protect 

themselves from the health effects of wildfires. EPA is proposing to approve Alaska's SIP as 

meeting the requirements ofCAA Section 11 0(a)(2)(J) for public notification. 

Turning to the requirement in section 11 0(a)(2)(J) that the SIP meet the applicable requirements 

of part C of title I ofthe CAA, EPA has evaluated this requirement in the context ofsection 

110(a)(2)(C) with respect to permitting. EPA most recently approved changes to Alaska's PSD 

program on February 9,2011 to reflect changes to the federal PSD program relating to the 

permitting of greenhouse gas emissions (76 FR 7116). EPA also approved revisions to Alaska's 

PSD program on August 14,2007 (72 FR 45378). As described above, EPA is proposing to 

approve portions ofa SIP revision submitted by ADEC on November 19, 2010 which updates 

Alaska's to regulate NOx as a precursor to ozone. Alaska has no nonattainment areas for the 

1997 8-hour ozone standard. Therefore, EPA is also proposing to approve Alaska's SIP as 

meeting the requirements of CAA Section 11 0(a)(2)(J) for PSD for the 1997 ozone NAAQS. 

With regard to the applicable requirements for visibility protection, EPA recognizes that states 

are subject to visibility and regional haze program requirements under part C ofthe CAA. In the 

event of the establishment of a new NAAQS, however, the visibility and regional haze program 

requirements under part C do not change. Thus we find that there is no new visibility obligation 

triggered under section 110(a)(2)(J) when a new NAAQS becomes effective. As a result of the 

above analysis, EPA is proposing to approve Alaska's SIP as meeting the requirements ofCAA 

Section 11O(a)(2)(J) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(K): Air quality and modeling/data: Section 11O(a)(2)(K) requires that SIPs provide 

for (i) the performance of such air quality modeling as the Administrator may prescribe for the 

purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for 

which the Administrator has established a national ambient air quality standard, and (ii) the 

submission, upon request, of data related to such air quality modeling to the Administrator. 

Alaska's submittal: Alaska's SIP submittal states that air quality modeling is conducted under 

18 AAC 50.215(b), ambient air quality analysis methods. Estimates of ambient concentrations 

and visibility impairment must be based on applicable air quality models, databases, and other 

requirements specified in the EPA's Guideline on Air Quality Models are adopted by reference 

in 18 AAC 50.040(f). This regulation allows some provisions to exclude concentrations 

attributable to temporary construction activity for a new or modified source, or to new sources 

outside the United States. Baseline dates and maximum allowable increases are found in Table 2 

and Table 3, respectively, at 18 AAC 50.020. 

EPA analysis: EPA previously approved Alaska's regulations on air quality modeling into the 

SIP. We most recently approved 18 AAC 50.215 "Ambient Air Quality Analysis Methods" 

(except (a)(3)) and 18 AAC 50.040(f) which incorporates by reference EPA regulations at 40 

CFR Part 51, Appendix W (Guidelines on Air Quality Models) revised as of July 1, 2004, on 

September 13,2007 (72 FR 45378). While Alaska has no nonattainment areas for the 1997 

ozone standard, Alaska has submitted modeling data to EPA related to other pollutants. For 

20 

example, Alaska submitted the Fairbanks Carbon Monoxide Maintenance Plan to EPA on June 

21,2004, supported by air quality modeling. The maintenance plan and supporting modeling 

was approved by EPA as a SIP revision on July 27,2004 (69 FR 44605). Therefore, EPA is 

proposing to approve Alaska's SIP as meeting the requirements ofCAA Section 110(a)(2)(K) for 

the 1997 8-hour ozone NAAQS. 

llO(a)(2)(L): Permitting fees: Section 11O(a)(2)(L) requires SIPs to require each major 

stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing 

and enforcing a permit, until such time as the SIP fee requirement is superseded by EPA's 

approval of the state's title V operating permit program. 

Alaska's submittal: Alaska's SIP submittal states that ADEC's statutory authority to assess and 

collect permit fees is established in AS 46.14.240 and AS 46.14.250. The permit fees for Title V 

stationary sources are assessed and collected by the Air Permits Program according to 18 AAC 

Article 4. The Air Permits Program is required to evaluate emission fee rates at least every four 

years and provide a written evaluation of the findings (AS 46. 14.250(g); 18 AAC 50.410). The 

submittal states that ADEC's most recent emission fee evaluation report was completed in 

October 2010 and that the next emission fee review is scheduled for 2014. 

AS 46.14.140: Emission control permit program regulations: Provides authority to establish 

source permit fees and procedures for collecting fees, in addition to provisions addressing late 

payment or nonpayment offees, which may include assessment of penalties and interest or 

refusal to issue, amend, modify, or renew an air quality control permit. 

AS 46.14.240: Permit administration fees: Requires sources to pay applicable permit fees 

established by ADEC. 

AS 46.14.250: Emissionfees: Provides authority to ADEC to establish source emission fee rates, 

including procedures for establishing, assessing, and revising the rate. 

EPA analysis: EPA fully approved Alaska's title V program on July 26,2001 (66 FR 38940) 

with an effective data of September 24, 2001. EPA regularly reviews ADEC's title V fee 

program to determine if the fee structure is adequate to pay for the program and assure the 

funding is only going toward title V implementation. While Alaska's operating permit program 

is not formally approved into the state's SIP, it is a legal mechanism the state can use to ensure 

that ADEC has sufficient resources to support the air program, consistent with the requirements 

of the SIP. Before EPA can grant full approval, a state must demonstrate the ability to collect 

adequate fees. Alaska's title V program included a demonstration the state will collect a fee 

from title V sources above the presumptive minimum in accordance with 40 CFR 70.9(b )(2)(i). 

As a result, EPA is proposing to approve Alaska's SIP as meeting the requirements of CAA 

Section 110(a)(2)(L) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(M): Consultation/participation by affected local entities: Section 110(a)(2)(M) 

requires states to provide for consultation and participation in SIP development by local political 

subdivisions affected by the SIP. 

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Alaska's submittal: Alaska's SIP submittal states ADEC has the authority to consult and 

cooperate with officials and representatives of any organization in the state; and persons, 

organization, and groups, public and private using, served by, interested in, or concerned with 

the environment of the state. Alaska refers to the following statutory authority: 

AS 46.030.020(3), (8): Provides authority to ADEC to consult with and cooperate with "officials 

and representatives of any nonprofit corporation or organization in the state" and "persons, 

organizations, and groups, public and private, using, served by, interested in, or concerned with 

the environment ofthe state." Also provides authority to ADEC to "advise and cooperate with 

municipal, regional, and other local agencies and officials in the state, to carry out the purposes 

ofthis chapter." 

AS 46. 14.400(d): Provides authority for local air quality control programs and requires 

cooperative agreements between ADEC and local air quality control programs that specify the 

respective duties, funding, enforcement responsibilities, and procedures. 

EPA analysis: The Alaska provisions cited above provides for local and regional authorities to 

participate and consult in the SIP development process. Therefore EPA proposes to find that 

Alaska's SIP meets the requirements ofCAA Section llO(a)(2)(M) for the 1997 8-hour ozone 

NAAQS. 

F. RECOMMENDATION 

Alaska's infrastructure SIP submittal includes a detailed description of how Alaska's laws and 

regulations meet each of the CAA infrastructure SIP elements for the 1997 8-hour ozone 

standard. The ADEC submittal generally meets the requirements ofthe CAA and the guidance 

issued by EPA as outlined in this TSD with certain exceptions which are addressed by SIP 

revisions submitted by Alaska to EPA on April 9, 2010, November 19,2010, and March 2, 2012. 

As discussed in detail above, EPA should approve portions ofthese SIP revisions in conjunction 

with this infrastructure action. These SIP revisions include updates to the Alaska SIP to include 

the ozone standard at an 8-hour averaging period, the federal interpretation method for 

measuring and monitoring ozone in ambient air, a definition of ozone, updated incorporation by 

reference of federal PSD program requirements regulating NOx as a precursor to ozone, and 

conflict of interest disclosure and ethics regulations to meet CAA section 128 requirements. 

EPA should fully approve Alaska's SIP submittal as meeting the requirements of sections 

110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (0), (H), (J), (K), (L), and (M) for the 1997 8-hour ozone 

standard. As noted above, this action does not address the nonattainment provisions of 

11O(a)(2)(C) and (I), does not address section 11O(a)(2)(D)(i) and does not address the visibility 

provisions of 110(a)(2)(J). Alaska has requested parallel processing on their March 2, 2012 SIP 

submittal and provided a schedule to EPA for submitting the final SIP package. If changes are 

made to the final SIP submittal after this proposal, such changes will be acknowledged in EPA's 

final rulemaking action and, ifsuch changes are significant, may require a re-proposal and an 

additional public comment period. 

EPA should not take action on the following elements of the Alaska SIP: 

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• Any startup, shutdown, and malfunction provisions contrary to the Act; 

• Any directors discretion or variance provisions contrary to the Act; and 

• Any elements ofthe minor NSR program that are inconsistent with EPA's regulations. 

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