This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

25533 

Vol. 79, No. 86 

Monday, May 5, 2014 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket: EPA–R10–OAR–2011–0916; FRL– 

9910–43–Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the Alaska State 

Implementation Plan (SIP). Alaska 

submitted these revisions on February 

13, 2008, December 11, 2009, April 14, 

2010, November 29, 2010, October 21, 

2011, December 10, 2012, and January 

28, 2013, to meet Clean Air Act (CAA) 

requirements. These revisions update 

the Alaska SIP to reflect changes to the 

National Ambient Air Quality Standards 

(NAAQS), area designations, and 

Federal permitting requirements. In 

addition, the submitted changes revise 

and clarify Alaska permitting rules, and 

remove provisions that are duplicated in 

other regulations. Although the EPA is 

proposing to approve most of the 

submitted revisions, the EPA is 

proposing to not approve certain 

provisions which are inappropriate for 

SIP approval. The EPA is also removing 

specific provisions from the Alaska SIP 

that were previously approved, but that 

implement other provisions of the CAA 

and that the State has not relied on to 

demonstrate attainment or maintenance 

of the NAAQS or to meet other specific 

requirements of section 110 of the CAA, 

and therefore should not be part of the 

Federally-approved Alaska SIP. Finally, 

the EPA is deferring action on certain 

portions of the submissions, including 

those that adopt by reference updates to 

the Federal nonattainment major new 

source review requirements, because 

those revisions will be addressed in a 

separate action. 

DATES: Comments must be received on 

or before June 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0916, by any of the 

following methods: 

A. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

B. Email: R10-Public_Comments@

epa.gov. 

C. Mail: Donna Deneen, EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–107), 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. 

D. Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Donna Deneen, Office of Air, 

Waste and Toxics, AWT—107. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0916. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at (206) 553–6706, 

deneen.donna@epa.gov, or by using the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Evaluation of Submittals 

A. Ambient Air Quality Standards 

B. Air Quality Designations, Classifications 

and Control Regions 

C. Baseline Dates and Maximum Allowable 

Increases 

D. State Air Quality Control Plan 

E. Documents, Procedures, and Methods 

Adopted by Reference 

F. Federal Standards Adopted by Reference 

G. Industrial Processes and Fuel-Burning 

Equipment 

H. Ambient Air Quality Analysis Methods 

I. Enforceable Test Methods 

J. Owner-Requested Limits 

K. Construction Permits 

L. Prevention of Significant Deterioration 

(PSD) Permits 

M. Construction, Minor and Operating 

Permits: Standard Permit Conditions 

N. Construction and Operating Permits: 

Other Permit Conditions 

O. Permit Administration Fees 

P. Minor Permits for Air Quality Protection 

Q. Minor Permits Requested by the Owner 

or Operator 

R. Minor Permit—Title V Permit Interface 

S. Minor Permit: Application 

T. Minor Permit: Review and Issuance 

U. Minor Permits: Content 

V. Minor Permits: Revisions 

W. Conformity 

X. Definitions 

Y. Statutes 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 


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25534 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules 

1We note that on October 22, 2012, we approved 

the State’s revision to this rule to align Alaska’s 

ozone ambient air quality standard with the 2008 

ozone NAAQS (77 FR 64425). 

I. Background 

The EPA last approved major 

revisions to the State of Alaska air 

quality regulations at Alaska 

Administrative Code Title 18 

Environmental Conservation, Chapter 

50 Air Quality Control (18 AAC 50) on 

August 14, 2007 (72 FR 45378) (‘‘2007 

action’’). More recently, the Alaska 

Department of Environmental 

Conservation (ADEC) submitted rule 

revisions to the EPA on February 13, 

2008, December 11, 2009, April 14, 

2010, November 29, 2010, October 21, 

2011, December 10, 2012, and January 

28, 2013. These submissions include 

revisions to update the Alaska SIP for 

changes to the NAAQS, area 

designations, and Federal permitting 

requirements, in addition to changes 

and clarifications to Alaska permitting 

rules, and removal of provisions that are 

duplicated in other regulations. 

In this action, we are proposing to 

approve the rule changes submitted by 

Alaska, with certain exceptions 

described below. We are also removing 

specific provisions from the Alaska SIP 

that were previously approved by the 

EPA, but implement other requirements 

of the CAA and that the State has not 

relied on to demonstrate attainment or 

maintenance of the NAAQS or to meet 

other specific requirements of section 

110 of the CAA, and therefore should 

not be part of the Federally-approved 

Alaska SIP. In addition, we are deferring 

action on certain portions of the 

submissions, including those adopting 

by reference updates to the Federal 

nonattainment major new source review 

(nonattainment NSR) permitting 

requirements at 40 CFR 51.165, as 

discussed in paragraph F below. We 

intend to address them in a separate 

action. 

Below is a summary of our evaluation 

of the submitted revisions to the Alaska 

SIP. For a more detailed discussion of 

the revisions, our analysis and proposed 

action, please see the technical support 

document (TSD) in the docket for this 

action. Please note that this action does 

not address portions of these Alaska 

submissions which we previously 

approved on February 9, 2011 (76 FR 

7116), October 22, 2012 (77 FR 64425), 

February 14, 2013 (78 FR 10546), and 

May 9, 2013 (78 FR 27071). In addition, 

our analysis in this proposed action 

discusses only the most recently 

submitted amendment to any particular 

provision. We describe how the 

submitted Alaska rules differ from the 

Federally-approved Alaska SIP, and 

why the EPA believes the changes are 

approvable. 

II. Evaluation of Submittals 

A. Ambient Air Quality Standards 

The revisions submitted by Alaska 

update the State’s ambient air quality 

standards at 18 AAC 50.010 ‘‘Ambient 

Air Quality Standards’’ to reflect the 

2006 fine particulate matter (PM2.5), 

2008 lead (Pb), 2010 sulfur dioxide 

(SO2), and 2010 nitrogen dioxide (NO2) 

NAAQS.1 Because the submitted 

revisions are consistent with the Federal 

NAAQS promulgated under the CAA, 

we are proposing to approve 18 AAC 

50.010 ‘‘Ambient Air Quality 

Standards,’’ except paragraphs (7) and 

(8), which set State ambient air quality 

standards for reduced sulfur compounds 

and ammonia respectively. Consistent 

with our 2007 action, we are proposing 

to not approve paragraphs (7) and (8) 

because they establish State ambient air 

quality standards for reduced sulfur 

compounds and ammonia, and they are 

not NAAQS established under section 

109 of the CAA (72 FR 45378). 

B. Air Quality Designations, 

Classifications and Control Regions 

The submitted revisions add 

subparagraph (b)(3) to 18 AAC 50.015 

‘‘Air Quality Designations, 

Classification and Control Regions’’ to 

identify the PM2.5 nonattainment area 

for the Fairbanks and North Pole urban 

area, in addition to an editor’s note to 

clarify that nonattainment and 

maintenance areas, air quality control 

regions, and the Class I area boundaries 

can be found in the Alaska Air Quality 

Control Plan and 40 CFR Part 81. We are 

proposing to approve these revisions, 

which update the Alaska SIP to include 

the most recently designated 

nonattainment area in Alaska. 

C. Baseline Dates and Maximum 

Allowable Increases 

The submissions revise 18 AAC 

50.020 ‘‘Baseline Dates and Maximum 

Allowable Increases’’ to clarify minor 

source baseline dates and maximum 

allowable increases, including adding 

PM2.5 to the tables in the rule. 

Specifically, the revisions clarify that 

baseline dates will be determined using 

the already-established Federal 

definition for minor source baseline 

dates, that concentrations above the 

ambient air quality standard are 

prohibited, and that baseline 

concentrations will be determined using 

already-established Federal provisions. 

The submitted revisions are consistent 

with the CAA and implementing 

provisions in 40 CFR part 52 and 81 and 

therefore we are proposing to approve 

the revisions. 

D. State Air Quality Control Plan 

As a matter of State law, 18 AAC 

50.030 ‘‘State Air Quality Control Plan’’ 

adopts by reference Volumes II and III 

of the State Air Quality Control Plan 

and other documents. The submissions 

addressed in this action revise the 

appendices to the Air Quality Control 

Program (Volume III, 18 AAC 50 Air 

Quality Control) by amending 18 AAC 

50.030. We are proposing to not approve 

the submitted revisions to 18 AAC 

50.030 because the referenced 

documents that form the basis for the 

submissions are being individually 

approved in this action. We are only 

proposing to approve those provisions 

specifically identified in the 

submissions and addressed in this 

action. The EPA takes action directly, as 

appropriate, on the specific provisions 

in the State Air Quality Control Plan 

that have been submitted by Alaska, so 

it is unnecessary for the EPA to approve 

18 AAC 50.030. 

E. Documents, Procedures and Methods 

Adopted by Reference 

18 AAC 50.035 ‘‘Documents, 

Procedures, and Methods Adopted by 

Reference’’ adopts by reference the 

Alaska in situ burning guidelines, 

various Federal monitoring and 

modeling requirements and guidance, 

State ‘‘Title V Application Forms,’’ 

Federal reference and interpretation 

methods, and standard test methods. 

Except for the adoption by reference of 

the State ‘‘Title V Standard Application 

and Forms,’’ we are proposing to 

approve the submitted revisions to this 

provision because the changes update 

the Alaska SIP for the latest versions of 

specific documents, and add several 

new Federal reference and 

interpretation methods required to 

implement revised NAAQS. The State 

‘‘Title V Standard Application and 

Forms’’ are inappropriate for SIP 

approval because they are not a 

requirement under section 110 of title I 

of the CAA, but rather are a requirement 

of title V of the CAA. 

We note that, consistent with our 

2007 action, we are proposing to not 

approve 18 AAC 50.035(b)(4), which 

specifies test methods related to 40 CFR 

part 63 (72 FR 45378). This provision is 

inappropriate for SIP approval because 

it relates to requirements that are not in 

the SIP and implement other 

requirements of the CAA. 


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F. Federal Standards Adopted by 

Reference 

The submissions update the most 

recent Federal regulation references in 

18 AAC 50.040 ‘‘Federal Standards 

Adopted by Reference.’’ In addition, the 

submissions add a new paragraph (k) to 

18 AAC 50.040 to adopt by reference the 

provisions of 40 CFR part 64, to the 

extent they apply to title V sources. 

Paragraph (k) of 18 AAC 50.050 

implements the requirements of 40 CFR 

parts 64 and 71, and not the 

requirements of section 110 of the CAA. 

In the absence of a specific request from 

Alaska that this provision be included 

in the SIP, we are proposing to not 

approve this provision. 

Provisions Implementing Other 

Requirements of the CAA 

The submissions revise paragraphs 

(a), (b), (c), (d), (e), (g), and (j) of 18 AAC 

50.040 to update the adoption by 

reference of emissions standards for 40 

CFR parts 60, 61, 62, 63, 70, and 82 

sources. In addition, the submissions 

add a new paragraph (k) to adopt by 

reference the provisions of 40 CFR part 

64 to the extent they apply to title V 

sources. 

These types of provisions are 

inappropriate for SIP approval because 

they implement other requirements of 

the CAA, and the State is not relying on 

them to demonstrate attainment or 

maintenance of the NAAQS or to meet 

other requirements of section 110 of the 

CAA. We are proposing to not approve 

the addition of subparagraph (j)(9), 

relating to 40 CFR part 71 ‘‘Operating 

Permits,’’ for the same reason. 

PSD 

The submissions revise paragraph (h) 

of 18 AAC 50.040 to adopt by reference 

specific provisions of the Federal PSD 

regulations set forth at 40 CFR 51.166 

and 40 CFR 52.21 as of July 1, 2011, to 

implement the Alaska PSD permitting 

program. However, the submitted 

revisions adopting by reference 40 CFR 

52.21(i) (relating to the significant 

monitoring concentration (SMC)) and 40 

CFR 52.21(k) (relating to the significant 

impact level (SIL)) have been impacted 

by a recent court decision vacating 

portions of the 2010 PSD PM2.5

Implementation Rule (October 20, 2010, 

75 FR 64864). 

On January 22, 2013, the U.S. Court 

of Appeals for the District of Columbia, 

in Sierra Club v. EPA, 703 F.3d 458 

(D.C. Cir. 2013), issued, with respect to 

the SMC, a judgment that, inter alia, 

vacated the provisions of the 2010 PSD 

PM2.5 Implementation Rule adding the 

PM2.5 SMC to the Federal regulations at 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In 

its decision, the Court held that the EPA 

did not have authority to use SMCs to 

exempt permit applicants from the 

statutory requirement in section 

165(e)(2) of the CAA that ambient 

monitoring data for PM2.5 be included in 

all PSD permit applications. Thus, 

although the PM2.5 SMC was not a 

required element of a state’s PSD 

program, where a state PSD program 

contains such a provision and allows 

issuance of new permits without 

requiring ambient PM2.5 monitoring 

data, such application of the vacated 

SMC would be inconsistent with the 

Court’s opinion and the requirements of 

section 165(e)(2) of the CAA. 

At the EPA’s request, the decision 

also vacated and remanded to the EPA 

for further consideration the portions of 

the 2010 PSD PM2.5 Implementation 

Rule that revised 40 CFR 51.166 and 40 

CFR 52.21 related to SILs for PM2.5. The 

EPA requested this vacatur and remand 

of two of the three provisions in the 

EPA regulations that contain SILs for 

PM2.5, because the wording of these two 

SIL provisions (40 CFR 51.166(k)(2) and 

40 CFR 52.21(k)(2)) is inconsistent with 

the explanation of when and how SILs 

should be used by permitting authorities 

that we provided in the preamble to the 

Federal Register publication when we 

promulgated these provisions. The third 

SIL provision (40 CFR 51.165(b)(2)) was 

not vacated and remains in effect. In 

addition, the Court decision does not 

affect the PSD increments for PM2.5

promulgated as part of the 2010 PSD 

PM2.5 Implementation Rule. 

We note that the EPA recently 

amended its regulations to remove the 

vacated PM2.5 SILs and SMC provisions 

from PSD regulations on December 9, 

2013 (78 FR 73698). In addition, the 

EPA will initiate a separate rulemaking 

in the future regarding the PM2.5 SILs 

that will address the Court’s remand. In 

the meantime, we are advising states to 

begin preparations to remove the 

vacated provisions from state PSD 

regulations. 

Consistent with the vacatur of the 

EPA regulations as they relate to the 

PM2.5 SMC and the PM2.5 SIL, and the 

EPA’s December 9, 2013, rulemaking, 

Alaska has submitted a letter dated 

February 12, 2014, withdrawing the 

adoption by reference of 40 CFR 52.21 

as it relates to the vacated PM2.5 SMC 

and SIL at subparagraphs 18 AAC 

50.040(h)(7) and (9). A copy of Alaska’s 

letter is in the docket for this action. 

Although these provisions remain in 

effect as a matter of State law, Alaska 

has confirmed that it will not apply 

either the PM2.5 SMC provisions at 40 

CFR 51.166(i)(5)(i)(c) and 52.21 

(i)(5)(i)(c), or the PM2.5 SIL provisions at 

40 CFR 51.166(k)(2) and 52.21(k)(2) in 

implementing the State PSD program. In 

addition, the letter states that Alaska 

intends to remove the vacated 

provisions to ensure consistency with 

Federal law. 

The submissions also add 

subparagraph (21) to 18 AAC 50.040(h) 

to adopt by reference 40 CFR 52.22 

‘‘Enforceable Commitments for Further 

Actions Addressing the Pollutant 

Greenhouse Gases (GHGs).’’ This 

provision is inappropriate for SIP 

approval because it is related to a 

Federal commitment that is not 

applicable to the State. Therefore, we 

are proposing to not approve the 

addition of subparagraph (21). 

In summary, we are proposing to 

approve the revisions to 18 AAC 

50.040(h) except for subparagraph (21). 

We are taking no action on 

subparagraphs (7) and (9) because these 

provisions were withdrawn. 

Nonattainment NSR 

The submitted revisions to paragraph 

(i) of 18 AAC 50.040 update the 

adoption by reference of Federal 

provisions at 40 CFR 51.165 ‘‘Permit 

Requirements.’’ These provisions govern 

the permitting of new major sources and 

major modifications in nonattainment 

areas. On February 12, 2014, Alaska 

submitted a letter to the EPA explaining 

that the Alaska regulations submitted 

for approval adopt by reference the 

‘‘regulated NSR pollutant’’ definition 

found in the Federal PSD permitting 

regulations at 40 CFR 52.21(b)(50), 

rather than the definition in the Federal 

nonattainment NSR regulations 40 CFR 

51.165(a)(1)(xxxvii). In the letter, Alaska 

stated that it intends to propose 

revisions to the appropriate sections of 

18 AAC 50 to adopt by reference the 

‘‘regulated NSR pollutant’’ definition at 

40 CFR 51.165(a)(1)(xxxvii) for purposes 

of nonattainment NSR permitting, and 

to begin the public notice and comment 

process at the first opportunity. The 

EPA understands the State has already 

commenced a rulemaking to revise the 

definition of regulated NSR pollutant. In 

light of the commencement of that 

rulemaking, we are taking no action on 

Alaska’s revisions to 18 AAC 50.040(i) 

at this time, but will address the 

revisions at a later date. We are 

deferring action on the revisions to 18 

AAC 50.040(i) to give Alaska the 

opportunity to revise its definition of 

‘‘regulated NSR pollutant’’ for 

nonattainment areas in 18 AAC 

50.040(i)(1)(B)(i). 


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25536 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules 

2Letter from Alaska Department of 

Environmental Conservation regarding PM2.5

Significant Impact Levels and Significant 

Monitoring Concentrations, dated February 12, 

2014. 

G. Industrial Processes and FuelBurning Equipment 

In subparagraph (a)(9)(D) of 18 AAC 

50.055 ‘‘Industrial Processes and FuelBurning Equipment, ’’ the term 

‘‘facility’’ was replaced by the more 

specific term ‘‘stationary source.’’ We 

are proposing to approve this revision 

because it clarifies that a Federallyapproved source-specific SIP revision is 

necessary to change the applicable 

opacity limit at a stationary source 

located at a facility. In addition, 

consistent with our 2007 action, we are 

proposing to not approve subparagraph 

(d)(2)(B), which contains emissions 

standards for hydrogen sulfide (72 FR 

45378). This provision is inappropriate 

for SIP approval because it is not related 

to attainment or maintenance of the 

NAAQS or other specific requirements 

of section 110 of the CAA. 

H. Ambient Air Quality Analysis 

Methods 

The submitted revisions to 18 AAC 

50.215 ‘‘Ambient Air Quality Analysis 

Methods’’ include revisions to update 

the methods for PM2.5 and ozone, and 

minor clarifications and edits. The EPA 

proposes to approve the submitted 

changes, with the exceptions described 

below. 

The submissions add subparagraph 

(a)(3) to 18 AAC 50.215 to reference the 

EPA’s ‘‘Meteorological Monitoring 

Guidance for Regulatory Modeling 

Applications,’’ adopted by reference in 

18 AAC 50.035(a). Alaska renumbered 

what was previously subparagraph (a)(3) 

to (a)(4). What is now subparagraph 

(a)(4) was added in earlier revisions to 

allow ADEC to approve alternative 

reference test methods for collecting 

ambient monitoring data. In our 2007 

action, we did not approve this 

provision because it provides for 

unbounded director’s discretion (72 FR 

45378). Consistent with our 2007 action, 

we are proposing to not approve 

subparagraph (a)(4), which authorizes 

ADEC to approve any alternative 

method that ADEC determines is 

‘‘representative, accurate, verifiable, 

capable of replication.’’ In essence, this 

subparagraph allows ADEC to modify 

requirements relied on to attain and 

maintain the NAAQS without a SIP 

revision. For additional discussion, see 

the TSD for our 2007 action, which can 

be found in the docket for this action. 

See also 78 FR 12460, 12485–86 

(February 22, 2013). 

As explained above in the discussion 

of 18 AAC 50.040(h), because 40 CFR 

51.166(k)(2) and 40 CFR 52.21(k)(2) 

relating to SILs were vacated by the U.S. 

Court of Appeals for the District of 

Columbia, and subsequently repealed by 

the EPA, Alaska withdrew the revisions 

to paragraph (d) which update the SILs 

table and associated SIL-related 

requirements.2

I. Enforceable Test Methods 

We are proposing to approve the 

submitted changes to 18 AAC 50.220 

‘‘Enforceable Test Methods’’ except for 

subparagraphs (A), (B), and (C) of (c)(1), 

and all of subparagraph (c)(2), as 

described below. 

Subparagraph (c)(2) of 18 AAC 50.220 

authorizes ADEC to approve the use of 

an alternative method using the 

procedure specified in 40 CFR part 63, 

Appendix A, Method 301. In essence, 

subparagraph (c)(2) authorizes ADEC to 

issue variances from regulatory 

requirements, including SIP, New 

Source Performance Standards (NSPS), 

and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

requirements. Consistent with our 2007 

action, we are proposing to not approve 

subparagraph (c)(2), which in essence 

allows ADEC to modify requirements 

relied on to attain and maintain the 

NAAQS without a SIP revision (72 FR 

45378). See also 78 FR 12460, 12485–86 

(Feb. 22, 2013). 

In addition, under the authority of 

CAA section 110(k)(6), we are removing 

from the SIP subparagraphs (A), (B), and 

(C) of 18 AAC 50.220(c)(1) because they 

relate to test methods for CAA 

requirements that are not part of the SIP 

and implement other provisions of the 

CAA. 

J. Owner-Requested Limits 

We are proposing to approve the 

revisions to 18 AAC 50.225 ‘‘OwnerRequested Limits’’ paragraph (a) and 

subparagraph (b)(7) because the 

revisions clarify what can be requested 

and what needs to be submitted for 

purposes of this provision. The 

clarifications do not change the existing 

requirements for establishing sourcespecific limitations under 18 AAC 

50.225. We are also proposing to 

approve the addition of paragraph (i) to 

this provision because it provides for 

the submission of certain information 

and clarifies Alaska’s process and 

effective date, but does not change the 

existing requirements for establishing 

source-specific limitations under this 

rule. 

K. Construction Permits 

The submitted revisions add 

paragraph (c) to 18 AAC 50.302 

‘‘Construction Permits’’ to clarify that a 

subsequent revision to a title V permit 

term or condition that is solely 

necessary to meet a title V requirement, 

but was associated with an integrated 

review conducted under 18 AAC 

50.306(c)(3), may be processed through 

the title V operating permit amendment 

or modification provisions of 18 AAC 

50.326. We are proposing to approve 

this new provision because it is 

appropriate and consistent with the 

CAA for revisions made solely for title 

V purposes to be revised using the title 

V amendment or modification 

provisions. 

In addition, under the authority of 

CAA section 110(k)(6), we are removing 

from the SIP subparagraph (a)(3) of this 

provision, because it relates to major 

sources of hazardous air pollutants. This 

provision implements other 

requirements of the CAA and the State 

has not relied on this requirement to 

demonstrate attainment or maintenance 

of the NAAQS or to meet other specific 

requirements of section 110 of the CAA. 

L. Prevention of Significant 

Deterioration (PSD) Permits 

Alaska’s PSD program was originally 

approved into the SIP by the EPA on 

July 5, 1983, and has been revised 

several times since the original 

approval. The most recent major 

revision to Alaska’s PSD program was 

approved by the EPA in our 2007 action 

(72 FR 45378). In general, Alaska 

chooses to adopt by reference the 

Federal PSD rules in 40 CFR 52.21 

rather than the comparable provisions 

in 40 CFR 51.166, which set forth what 

is required in a State’s plan, because 40 

CFR 52.21 is written to directly state the 

requirements of an owner or operator. In 

some cases, Alaska adopted provisions 

of 40 CFR 51.166 rather than the 

comparable provisions of 40 CFR 52.21 

because 40 CFR 51.166 was a better fit 

for a SIP-approved PSD program. 

Key submitted changes to 18 AAC 

50.306 ‘‘Prevention of Significant 

Deterioration (PSD) Permits’’ include 

the definition of ‘‘national ambient air 

quality standard,’’ which is revised to 

mean ‘‘an ambient air quality standard 

set out in 18 AAC 50.010 for this state’’ 

and ‘‘ambient air increment’’ or 

‘‘maximum allowable increase,’’ which 

is revised to mean a maximum 

allowable increase calculated as 

described in 18 AAC 50.020 ‘‘Baseline 

Dates and Maximum Allowable 

Increases.’’ We are proposing to approve 

the definition of ‘‘national ambient air 


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Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules 25537 

quality standard’’ because the referredto State ambient air quality standards in 

18 AAC 50.010 include the Federal 2006 

PM2.5 NAAQS, 2008 ozone NAAQS, 

2008 Pb NAAQS, 2010 SO2 NAAQS, 

and 2010 NO2 NAAQS in 40 CFR part 

50. The EPA’s understanding is that the 

previous reference to ‘‘national ambient 

air quality standard’’ in this provision 

referred to the NAAQS as last adopted 

by reference by ADEC, so that the 

change in reference from ‘‘national 

ambient air quality standard’’ to 

‘‘ambient air quality standards in 18 

AAC 50.010’’ is not a substantive 

change. It will remain important for 

ADEC to revise 18 AAC 50.010 

promptly after Federal revisions to the 

NAAQS so that its PSD program 

continues to meet Federal requirements. 

In addition, we are proposing to 

approve in subparagraph (b)(1)(C) the 

definition of ‘‘ambient air increment’’ or 

‘‘maximum allowable increase’’ because 

it appropriately refers to the established 

maximum allowance increases that 

Alaska has set out in Table 3 of 18 AAC 

50.020(b). We are proposing to approve 

the other submitted clarifications to this 

rule because they meet the requirements 

of the CAA. 

M. Construction, Minor and Operating 

Permits: Standard Permit Conditions 

We are proposing to approve the 

submitted revisions to 18 AAC 50.345 

‘‘Construction, Minor and Operating 

Permits: Standard Permit Conditions’’ 

because they meet the requirements of 

the CAA, with the exception of 

paragraph (l). Paragraph (l) gives ADEC 

unbounded discretion to change the 

source testing requirements of a 

Federally-enforceable permit without 

revising the permit. Consistent with our 

2007 action, we are proposing to not 

approve paragraph (l) (72 FR 45378). 

See also 78 FR 12460, 12485–86 (Feb. 

22, 2013) 

N. Construction and Operating Permits: 

Other Permit Conditions 

Alaska submitted revisions to 

paragraphs (a), (b) and (c) of 18 AAC 

50.346 ‘‘Construction and Operating 

Permits: Other Permit Conditions.’’ 

Consistent with our 2007 action, we are 

proposing to not approve 18 AAC 

50.346(a) because this provision only 

requires corrective action after the 

permittee or ADEC, determines a 

violation has occurred and thus cannot 

be construed as monitoring to assure 

compliance (72 FR 45378). In addition, 

we are proposing to not approve 

paragraphs (b) and (c) because the 

provisions implement requirements of 

title V of the CAA, and not requirements 

of section 110 of title I of the CAA. 

O. Permit Administration Fees 

Alaska submitted revisions to 

paragraphs (a), (e), (g), (h), (i), and (m), 

and subparagraphs (j)(19) and (20) of 18 

AAC 50.400 ‘‘Permit Administration 

Fees.’’ We are proposing to approve the 

fee provisions in 18 AAC 50.400(e), (g), 

(h), (i), (j)(19) and (j)(20) because these 

provisions implement SIP requirements. 

We are proposing to not approve 

paragraph (a) of this provision because 

it implements requirements of title V of 

the CAA and not requirements of 

section 110 of title I of the CAA. In 

addition, it is not necessary to act on 

paragraph (m), which was repealed, 

because that provision is not currently 

in the Federally-approved Alaska SIP. 

P. Minor Permits for Air Quality 

Protection 

The Alaska submissions revise 

subparagraphs (c)(1), (2), and (3) of 18 

AAC 50.502 ‘‘Minor Permits for Air 

Quality Protection’’ to appropriately 

refer to ‘‘beginning actual construction,’’ 

‘‘beginning relocation,’’ and ‘‘beginning 

a physical change to or a change in 

operation.’’ The previous version of 

these provisions required an owner or 

operator to obtain a minor permit before 

commencing construction, relocation, or 

a physical change, which corresponded 

generally to a date that occurs before 

actual construction begins. The CAA, 

however, does not require a state to tie 

the obligation to obtain a minor permit 

to the commence construction date, or 

to a date that occurs before actual 

construction begins. Alaska has, 

accordingly, changed the requirements 

to obligate a source to obtain a minor 

permit before ‘‘beginning actual 

construction,’’ ‘‘beginning relocation,’’ 

or ‘‘beginning a physical change,’’ 

consistent with CAA requirements. We 

are proposing to approve these 

revisions. 

The submissions also add 

subparagraphs (c)(1)(F), (c)(3)(A)(v) and 

(c)(3)(B)(v) to 18 AAC 50.502 to 

establish PM2.5 thresholds for 

determining whether the owner or 

operator of a stationary source must 

obtain a minor permit for PM2.5. These 

new subparagraphs strengthen the SIP 

by requiring stationary sources of PM2.5

above the specified thresholds to obtain 

a minor permit. These provisions are 

consistent with Federal requirements in 

40 CFR 51.160 through 164, and are 

approvable. Finally, we are proposing to 

approve 18 AAC 50.502(e), (g), and (i) 

because they are consistent with CAA 

requirements and are clarifications to 

existing Federally-approved rules. 

Q. Minor Permits Requested by the 

Owner or Operator 

The submissions revise 18 AAC 

50.508 ‘‘Minor Permits Requested by the 

Owner or Operator’’ by clarifying terms 

and cross-references, and repealing 

provisions that have been repealed at 

the Federal level. We are proposing to 

approve these revisions because they are 

consistent with the CAA. 

R. Minor Permit—Title V Permit 

Interface 

The submissions add a new provision, 

18 AAC 50.510 ‘‘Minor Permit—Title V 

Permit Interface,’’ which provides that 

certain terms or conditions established 

in a minor permit at 18 AAC 50.542 

solely for title V purposes can be revised 

through the applicable title V revision 

process. We are proposing to approve 

this provision because it makes permit 

terms established in a minor permit, 

solely under the authority of title V, 

subject to the title V permit revision 

provisions. 

S. Minor Permit: Application 

We are proposing to approve the 

submitted revisions to 18 AAC 50.540 

‘‘Minor Permit: Application.’’ 

Specifically, we are proposing to 

approve the revision to subparagraph 

(c)(2) to clarify the air quality analysis 

methods for demonstrating attainment 

or maintenance of the ambient air 

quality standards. We also are proposing 

to approve the NO2 exception in 

50.540(l) because it only pertains to the 

content of the application, and does not 

change the requirements for air quality 

analysis during the permit review 

process that continue to apply under 18 

AAC 50.542(f). Finally, we are 

proposing to approve the revisions to 18 

AAC 50.540(d), (j), and (k) because they 

either clarify existing rule language or 

add requirements that will assist in the 

implementation of these provisions. 

T. Minor Permit: Review and Issuance 

The submissions revise 18 AAC 

50.542 ‘‘Minor Permit: Review and 

Issuance’’ in several places. We are 

proposing to approve the revision to 

paragraph (a), excluding sources in the 

additional areas of the Municipality of 

Anchorage, the City of Fairbanks, Fort 

Wainwright, and Eielson Air Force Base 

from fast track procedures. In these 

areas, ADEC will provide a 30-day 

public comment period for sources 

regardless of whether a public comment 

period was requested. We also are 

proposing to approve, in subparagraph 

(c)(2)(A), the addition of a PM2.5

screening level because it is reasonable 

and appropriate to offer the fast-track 

procedure to sources that can show 


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compliance with the NAAQS using a 

conservative approach. The screening 

level of 50 percent of the PM2.5 standard 

is set well below the ambient air quality 

standard for PM2.5 and appropriately 

conservative for showing compliance. 

In addition, we are proposing to 

approve, in subparagraph (c)(2)(D), an 

alternative way to determine if the fasttrack procedure in subparagraph (c)(2) is 

available for a modification. This 

provision is approvable because it is an 

appropriately conservative approach 

that relies on the highest predicted 

concentrations for use in comparing to 

the ambient air quality standard and is 

appropriately conservative for showing 

compliance. 

Consistent with our 2007 action (72 

FR 45378), we are proposing to approve 

the remaining portion of 18 AAC 

50.542, except subparagraph (b)(2). 

Subparagraph (b)(2) allows ADEC to 

require the owner/operator to submit a 

permit application online. Alaska did 

not submit the appropriate 

documentation to allow the EPA to 

evaluate the approvability of Alaska’s 

Online System with respect to the EPA’s 

Cross-Media Electronic Reporting Rule 

(CROMERR). See 70 FR 59848 (October 

13, 2005). Therefore, we are proposing 

to not approve subparagraph (b)(2). 

U. Minor Permits: Content 

The submissions revise 18 AAC 

50.544 ‘‘Minor Permits: Content,’’ a 

provision that sets forth what a minor 

permit must contain. We are proposing 

to approve the submitted revisions to 

subparagraphs (a)(5) and (6) because 

they correspond to the clarification in 

18 AAC 50.345 that requires the 

standard permit conditions of 18 AAC 

50.345 to apply to minor permits. We 

are also proposing to approve 

subparagraph (a)(7) because this 

provision establishes the process for 

accommodating an owner or operator 

request to add the conditions of a minor 

permit to a title V permit, and because 

this provision is not contrary to any 

CAA requirement. Finally, we are 

proposing to approve subparagraph 

(c)(3) and paragraph (h) as clarifications 

of the terms and conditions that are 

required to be included in a permit. 

V. Minor Permits: Revisions 

We are proposing to approve 18 AAC 

50.546 ‘‘Minor Permits: Revisions,’’ 

except paragraph (b), which authorizes 

ADEC to revise ‘‘non-substantive 

elements of a minor permit without 

further administrative procedures.’’ As 

discussed in our 2007 action, we did not 

approve paragraph (b) because it does 

not adequately define the class of 

revisions that can be made without 

public review (72 FR 45378). For the 

same reason, we are proposing to not 

approve paragraph (b) in this action. 

W. Conformity 

Revisions to the regulations in Article 

7 ‘‘Conformity’’ of 18 AAC 50 were 

submitted in Alaska’s October 21, 2011, 

submission. We are not addressing these 

revisions in this action. We intend to 

address these revisions in a separate 

action. 

X. Definitions 

18 AAC 50.990 ‘‘Definitions,’’ defines 

terms and also adopts by reference 

applicable definitions set forth in 

Federal rules. We are proposing to 

approve the submitted revisions to this 

provision because they meet the 

requirements of the CAA. Specifically, 

we are proposing to approve the repeal 

of the definitions of ‘‘clean unit,’’ 

‘‘expected arithmetic mean,’’ ‘‘expected 

number’’ and ‘‘pollution control 

project’’ because the EPA has previously 

revoked or repealed the related Federal 

provision requiring the definition. In 

addition, we are proposing to approve 

the updated definition of ‘‘good 

engineering practice stack height’’ to 

reference the requirements of 40 CFR 

51.100(ii) as revised as of July 1, 2007, 

and as currently in effect. 

We are also proposing to approve the 

revisions to the definitions of 

‘‘impairment of visibility,’’ 

‘‘modification’’ or ‘‘modify,’’ ‘‘nonroad 

engine,’’ ‘‘reconstruct’’ and 

‘‘reconstruction,’’ ‘‘regulated air 

pollutant,’’ ‘‘regulated NSR pollutant’’ 

(except that we are deferring action on 

this definition as it relates to 18 AAC 

50.040(i) (nonattainment NSR)), 

‘‘volatile organic compound,’’ ‘‘PAL,’’ 

‘‘regional administrator,’’ ‘‘PM–2.5,’’ 

‘‘transportation improvement plan,’’ 

‘‘CO2 equivalent emissions,’’ and 

‘‘greenhouse gases’’ because they reflect 

the already-established Federal 

definitions for these terms. 

Y. Statutes 

In addition to our review of regulatory 

changes to 18 AAC 50, we reviewed 

Alaska statutory provisions submitted as 

part of the January 28, 2013, 

submission. Specifically, the 

submission included portions of Alaska 

Statutes Chapters 44.46 ‘‘Department of 

Environmental Conservation;’’ 46.03 

‘‘Declaration of Policy;’’ and 46.14 ‘‘Air 

Quality Control.’’ Based on our review, 

these submitted statutes continue to 

provide Alaska with adequate legal 

authority to carry out the requirements 

of the Alaska SIP as set forth in sections 

110 and 114 of the CAA and its 

implementing regulations, in particular 

40 CFR 51.230. 

Certain aspects and provisions, 

however, merit further discussion. First, 

the EPA’s authority to approve SIPs 

extends to provisions related to 

attainment and maintenance of the 

NAAQS, and carrying out other specific 

requirements of section 110 of the CAA. 

Therefore, our review of the submitted 

statutory provisions is limited in that 

respect. 

Second, AS 46.14.540 ‘‘Authority of 

Department in Cases of Emergency’’ 

states that, under certain circumstances, 

the commissioner may waive procedural 

requirements of AS Chapter 46.14 and 

issue an order to authorize emergency 

use of the emissions unit. This statutory 

provision authorizes ADEC to issue a 

variance to State regulations approved 

into the SIP without meeting state 

regulatory requirements for revising a 

regulation or permit and without a SIP 

revision. Section 110(i) of the CAA, 

however, specifically precludes states 

from changing the requirements of the 

SIP, except through SIP revisions 

approved by the EPA as provided in 

section 110 of the CAA and the 

implementing regulations at 40 CFR 

51.100 to 51.105. See 78 FR 12460, 

12485–86 (Feb. 22, 2013). For these 

reasons, we are proposing to not 

approve AS 46.14.540 ‘‘Authority of 

Department in Cases of Emergency’’ into 

the SIP. 

Third, AS 46.14.560 ‘‘Unavoidable 

Malfunctions and Emergencies’’ 

provides an affirmative defense to an 

action for noncompliance with a 

technology-based emission standard for 

excess emissions ‘‘caused by an 

unavoidable emergency, a malfunction, 

or nonroutine repairs of an emissions 

unit’’ when asserted under regulations 

adopted by ADEC under AS 46.14.140. 

This statutory provision is the basis for 

18 AAC 50.240 ‘‘Excess Emissions.’’ 

Both AS 46.14.560 and 18 AAC 50.240 

were previously approved into the 

Alaska SIP. The current SIP submission 

includes a resubmission of AS 

46.14.560, with two minor changes, but 

does not include a resubmission of 18 

AAC 50.240. 

On February 22, 2013, the EPA 

proposed a SIP call in which the EPA 

identified deficiencies in the startup, 

shutdown, and malfunction provisions 

of numerous states, including Alaska’s 

regulation 18 AAC 50.240 (78 FR 12460) 

(proposed SSM SIP call). In light of the 

proposed SSM SIP call, we are taking no 

action on Alaska’s submission of AS 

46.14.560 at this time, but rather will 

take action on the submission at a later 

date. 


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Fourth, AS 46.14.510(b) relates to 

maintenance of motor vehicle air 

pollution control equipment. We 

incorporated by reference AS 

46.14.510(b) on November 18, 1998 (63 

FR 63983). In this action, we are 

removing the incorporation by reference 

of AS 46.14.510(b) because the 

provision is addressed by incorporation 

by reference elsewhere in the Federallyapproved SIP (at 18 AAC 52.015(a), (b), 

52.990(66)(B) and 52.100(d)(3)). 

In general, we are not proposing to 

incorporate by reference the statutory 

provisions submitted by Alaska to avoid 

potential conflict with the EPA’s 

independent authorities. However, we 

are proposing to continue to incorporate 

by reference updated AS 46.14.550 and 

the definitions in updated AS 46.14.990, 

where a definition in 18 AAC 50.990 

states that it has the meaning given in 

AS 46.14.990, and where it relates to 

attainment or maintenance of the 

NAAQS or other specific requirements 

of section 110 of the CAA. These 

incorporated by reference definitions 

are AS 46.14.990 (4) ‘‘building, 

structure, facility, or installation,’’ (5) 

‘‘commissioner,’’ (8) ‘‘department,’’ (15) 

‘‘local air quality control program,’’ (16) 

‘‘major modification,’’ (17) ‘‘major 

stationary source,’’ (18) ‘‘operating 

permit,’’ and (27) ‘‘tank vessel.’’ 

III. Proposed Action 

Provisions the EPA Is Proposing To 

Approve and Incorporation by 

Reference 

Consistent with the discussion and 

analysis above, the EPA is proposing to 

approve into the SIP at 40 CFR part 52, 

subpart C, the Alaska laws and 

regulations listed in the table below. 

Note that in those instances where 

ADEC submitted multiple revisions to a 

single section of 18 AAC 50, the most 

recent version of that section (based on 

state effective date) is proposed to be 

incorporated into the SIP as it 

supersedes all previous revisions. 

ALASKA PROVISIONS FOR PROPOSED APPROVAL AND INCORPORATION BY REFERENCE

State citation Title/subject State 

effective date Explanation 

18 AAC 50.010 .......... Ambient Air Quality Standards ............................... 1/4/2013 Except (7) and (8). 

18 AAC 50.015 .......... Air Quality Designations, Classifications, and Control Regions.12/9/2010 

18 AAC 50.020 .......... Baseline Dates and Maximum Allowable Increases.1/4/2013 

18 AAC 50.035 .......... Documents, Procedures, and Methods Adopted 

by Reference.

1/4/2013 Except (a)(6) and (b)(4). 

18 AAC 50.040 .......... Federal Standards Adopted by Reference ............ 1/4/2013 Except (a), (b), (c), (d), (e), (g), (h)(7), (h)(9), 

(h)(17), (h)(18), (h)(19), (h)(21), (i), (j), and (k). 

18 AAC 50.050 .......... Incinerator Emission Standards ............................. 7/25/2008 

18 AAC 50.055 .......... Industrial Processes and Fuel-Burning Equipment 12/9/2010 Except (d)(2)(B). 

18 AAC 50.215 .......... Ambient Air Quality Analysis Methods ................... 1/4/2013 Except (a)(4) and (d). 

18 AAC 50.220 .......... Enforceable Test Methods ..................................... 9/14/2012 Except (c)(1)(A), (B) (C), and (c)(2). 

18 AAC 50.225 .......... Owner-Requested Limits ........................................ 9/14/2012 

18 AAC 50.302 .......... Construction Permits .............................................. 9/14/2012 Except (a)(3). 

18 AAC 50.306 .......... Prevention of Significant Deterioration (PSD) Permits.1/4/2013 

18 AAC 50.345 .......... Construction, Minor and Operating Permits: 

Standard Permit Conditions.

9/14/2012 Except (b), (c)(3), and (l). 

18 AAC 50.400 .......... Permit Administration Fees .................................... 9/14/2012 Except (a), (b), (c), (d), (f), (j)(1) through (j)(18), 

(j)(21) through (j)(23), and (k). 

18 AAC 50.502 .......... Minor Permits for Air Quality Protection ................ 1/4/2013 

18 AAC 50.508 .......... Minor Permits Requested by the Owner or Operator.12/9/2010 

18 AAC 50.510 .......... Minor Permit: 18 AAC 50.510 Minor Permit—Title 

V Permit Interface.

12/9/2010 

18 AAC 50.540 .......... Minor Permit: Application ....................................... 1/4/2013 

18 AAC 50.542 .......... Minor Permit: Review and Issuance ...................... 1/4/2013 Except (b)(2). 

18 AAC 50.544 .......... Minor Permits: Content .......................................... 12/9/2010 

18 AAC 50.546 .......... Minor Permits: Revisions ....................................... 7/15/2008 Except (b). 

18 AAC 50.990 .......... Definitions ............................................................... 9/14/2012 Except (92) as it relates to 18 AAC 50.040(i). 

AS 46.14.550 ............. Responsibilities of Owner and Operator; Agent for 

Service.

1/4/2013 

AS 46.14.990 ............. Definitions ............................................................... 1/4/2013 Except (1)–(3), (6), (7), (9)–(14), (19)–(26), and 

(28). 

As discussed above, EPA proposes to 

find that the statutes submitted by 

ADEC in its SIP revisions, with the 

exceptions discussed above, continue to 

provide Alaska with adequate legal 

authority to carry out the requirements 

of the Alaska SIP. In general, the EPA 

is not proposing to incorporate by 

reference the statutory provisions 

submitted by Alaska to avoid potential 

conflict with the EPA’s independent 

authorities. 

Provisions the EPA Is Proposing To Not 

Approve 

We are proposing to not approve the 

following provisions for the reasons 

explained above and in the TSD: 

• 18 AAC 50.010 ‘‘Ambient Air 

Quality Standards,’’ paragraphs (7) and 

(8). 

• 18 AAC 50.030 ‘‘State Air Quality 

Control Plan.’’ 

• 18 AAC 50.035 ‘‘Documents, 

Procedures, and Methods Adopted by 

Reference,’’ subparagraphs (a)(6) and 

(b)(4). 

• 18 AAC 50.040 ‘‘Federal Standards 

Adopted by Reference,’’ paragraphs (a), 

(b), (c), (d), (e), (g), (j) and (k), and 

subparagraph (h)(21). 

• 18 AAC 50.055 ‘‘Industrial 

Processes and Fuel-Burning 

Equipment,’’ subparagraph (d)(2)(B). 

• 18 AAC 50.215 ‘‘Ambient Air 

Quality Analysis Methods,’’ 

subparagraph (a)(4). 


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• 18 AAC 50.220 ‘‘Enforceable Test 

Methods,’’ subparagraph (c)(2). 

• 18 AAC 50.326 ‘‘Title V Operating 

Permits, paragraph (e). 

• 18 AAC 50.345 ‘‘Construction and 

Operating Permits: Standard Permit 

Conditions,’’ paragraph (l). 

• 18 AAC 50.346 ‘‘Construction and 

operating permits: Other permit 

conditions,’’ paragraphs (a), (b) and (c). 

• 18 AAC 50.400 ‘‘Permit 

Administration Fees,’’ paragraph (a). 

• 18 AAC 50.542 ‘‘Minor Permit: 

Review and Issuance,’’ subparagraph 

(b)(2). 

• 18 AAC 50.546 ‘‘Minor Permits: 

Revisions,’’ paragraph (b). 

• AS 46.14.540 ‘‘Authority of 

Department in Cases of Emergency.’’ 

Provisions the EPA Is Removing From 

the SIP or From Incorporation by 

Reference 

Under the authority of CAA section 

110(k)(6), we are removing the following 

provisions from the SIP because they 

implement other requirements of the 

CAA and the State has not relied on 

these provisions to demonstrate 

attainment or maintenance of the 

NAAQS or to meet other specific 

requirements of section 110 of the CAA: 

18 AAC 50.220(c)(1)(A), (B), (C) and 18 

AAC 50.302(a)(3). We are also removing 

AS 46.14.510(b), which was 

incorporated by reference on November 

18, 1998 (63 FR 63983). However, we 

have determined that the provision is 

addressed by incorporation by reference 

elsewhere in the Federally-approved 

SIP. 

Provisions the EPA Is Taking No Action 

On 

Finally, as detailed above and in the 

TSD, we are taking no action on the 

following Alaska provisions: 18 AAC 

50.040 ‘‘Federal Standards Adopted by 

Reference’’ paragraph (i) (adoption by 

reference of Federal nonattainment NSR 

regulations at 40 CFR 51.165); 18 AAC 

50 Article 7 ‘‘Conformity;’’ and AS 

46.14.560 ‘‘Unavoidable Malfunctions 

and Emergencies.’’ We intend to address 

these changes in a separate action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Dated: April 23, 2014. 

Dennis J. McLerran, 

Regional Administrator Region 10. 

[FR Doc. 2014–10204 Filed 5–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2013–0690; FRL–9910–36– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia’s Redesignation Request and 

the Associated Maintenance Plan of 

the West Virginia Portion of the 

Martinsburg-Hagerstown, WV-MD 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of West Virginia’s request to 

redesignate to attainment the West 

Virginia portion of the MartinsburgHagerstown, WV-MD nonattainment 

area (Martinsburg Area or Area) for the 

1997 annual fine particulate matter 

(PM2.5) national ambient air quality 

standard (NAAQS). EPA is also 

proposing to determine that the 

Martinsburg Area continues to attain the 

1997 annual PM2.5 NAAQS. In addition, 

EPA is proposing to approve as a 

revision to the West Virginia State 

Implementation Plan (SIP), the 

associated maintenance plan to show 

maintenance of the 1997 annual PM2.5

NAAQS through 2025 for the Area. The 

maintenance plan includes the 2017 and 

2025 PM2.5 and nitrogen oxides (NOX) 

mobile vehicle emissions budgets 

(MVEBs) for Berkeley County, West 

Virginia for the 1997 annual PM2.5

NAAQS which EPA is proposing to 

approve for transportation conformity 

purposes. Furthermore, EPA is 

proposing to approve as a revision to the 

West Virginia SIP, the 2007 base year 

emissions inventory for the Area for the 

1997 annual PM2.5 NAAQS. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before June 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0690 by one of the 

following methods: 


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