[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14038-14041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0532, FRL-9924-72-Region 10]


Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve and incorporate by reference revisions to the Alaska State 
Implementation Plan (SIP) submitted on July 1, 2014 and October 24, 
2014. These revisions primarily update the adoption by reference of 
Federal regulations and definitions into the Alaska SIP. The revisions 
also clarify stationary source permitting rules governing owner-
requested emission limits and revise the SIP to reflect the 
redesignation of the Eagle River area of Anchorage. Upon final action, 
the Alaska SIP will be updated to reflect recent Federal regulatory 
changes and actions.

DATES: Comments must be received on or before April 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0532, by any of the following methods:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> Mail: Kristin Hall, EPA Region 10, Office of Air, Waste 
and Toxics (AWT-150), 1200 Sixth Avenue, Suite 900, Seattle WA, 98101.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#cf9dfeffe29fbaada3a6ac908ca0a2a2aaa1bbbc8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="e4b6d5d4c9b49186888d87bba78b8989818a9097a4819485ca838b92">[email protected]</span></a>.
    <bullet> Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 
Sixth

[[Page 14039]]

Avenue, Suite 900, Seattle WA, 98101. Attention: Kristin Hall, Office 
of Air, Waste and Toxics, AWT-150. 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-
2014-0532. 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: Kristin Hall at telephone number: 
(206) 553-6357, email address: <a href="/cdn-cgi/l/email-protection#98f0f9f4f4b6f3eaf1ebecf1f6d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="d0b8b1bcbcfebba2b9a3a4b9be90b5a0b1feb7bfa6">[email protected]</span></a>, or 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. EPA Evaluation of Alaska SIP Revisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act (CAA) specifies the general 
requirements for states to submit SIPs to implement, maintain and 
enforce the National Ambient Air Quality Standards (NAAQS) and the 
EPA's actions regarding approval of those SIPs. On July 1, 2014 and 
October 24, 2014, the Alaska Department of Environmental Conservation 
(ADEC), on behalf of the Governor of Alaska, submitted SIP revisions to 
the EPA to account for regulatory updates effective October 6, 2013 and 
November 9, 2014, respectively. These revisions update Alaska 
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air 
Quality Control (18 AAC 50) to reflect the adoption by reference of 
Federal regulations and definitions into the Alaska SIP, and edit 
associated cross-references to definitions. The revisions also clarify 
stationary source permitting rules governing owner-requested emission 
limits, and update the SIP to reflect the redesignation of the Eagle 
River area of Anchorage to attainment for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers 
(PM<INF>10</INF>).
    We note that this action does not address the portions of the July 
1, 2014, and October 24, 2014, SIP submittals related to Alaska's 
nonattainment new source review permitting program. The nonattainment 
new source review permitting rule updates submitted as part of these 
revisions were approved in a previous action on January 7, 2015 (80 FR 
832). In this action, we are proposing to approve the remainder of the 
revisions to the Alaska SIP submitted on July 1, 2014 and October 24, 
2014. Please see below for our evaluation.

II. EPA Evaluation of Alaska SIP Revisions

A. 18 AAC 50.015--Air Quality Designations, Classifications and Control 
Regions

    On January 7, 2013, the EPA approved the maintenance plan submitted 
by ADEC for the Eagle River PM<INF>10</INF> nonattainment area and its 
accompanying request to redesignate the area to attainment for the 
PM<INF>10</INF> NAAQS (78 FR 900). The redesignation became effective 
on March 8, 2013. Accordingly, in the July 1, 2014, submittal, ADEC 
revised 18 AAC 50.015 ``Air Quality Designations, Classifications, and 
Control Regions'' to reflect the change. We are proposing to approve 
the revision to this rule.

B. 18 AAC 50.040--Federal Standards Adopted by Reference

Guideline on Air Quality Modeling
    In the July 1, 2014, submittal, ADEC revised and submitted changes 
to 18 AAC 50.040 ``Federal Standards Adopted by Reference'' to update 
the citation dates incorporating by reference certain Federal 
requirements into the Alaska SIP. Specifically, ADEC submitted the 
updated adoption by reference of 40 CFR part 51, Appendix W ``Guideline 
on Air Quality Models'' revised as of July 1, 2012. We are proposing to 
approve this revision as consistent with Federal requirements.
Prevention of Significant Deterioration (PSD)
    ADEC also submitted the updated incorporation by reference of 
Federal PSD permitting regulations at 40 CFR 51.166 and 40 CFR 52.21, 
revised as of April 1, 2013, which are referenced in ADEC's major 
source permitting rules in 18 AAC Chapter 50, Article 3, and relied on 
to implement ADEC's SIP-approved PSD permitting program. ADEC excluded 
from its submittal certain PSD permitting provisions in 40 CFR 51.166 
and 40 CFR 52.21 that have been vacated by recent Court decisions, and 
those provisions are therefore not before the EPA for approval. 
Specifically, in response to the Court vacatur of the EPA 
PM<INF>2.5</INF> significant monitoring concentration (SMC) and 
significant impact level (SIL) regulations, ADEC did not submit to the 
EPA for approval the provisions in the Alaska SIP impacted by the Court 
decision (18 AAC 50.040(h)(7) and (9)). ADEC's July 1, 2014, submittal 
cover letter confirms that ADEC intends to act in accordance with the 
Court vacatur, and that, although these provisions have not yet been 
repealed and remain in effect as a matter of State law, ADEC will not 
apply either the PM<INF>2.5</INF> SMC provisions at 40 CFR 
51.166(i)(5)(i)(c) and 52.21 (i)(5)(i)(c), or the PM<INF>2.5</INF> SIL 
provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) in implementing the 
State new source permitting program. For a more detailed discussion of 
this issue, please see our

[[Page 14040]]

previous action addressing revisions to the State PSD program (proposed 
May 5, 2014, 79 FR 25533; finalized September 19, 2014, 79 FR 56268).
    ADEC also excluded from its submittals the greenhouse gas (GHG) 
regulatory provision at 40 CFR 52.21(b)(49)(v) that was recently 
vacated by the Supreme Court and that is adopted by reference in 18 AAC 
50.040(h)(4), effective October 6, 2013. On June 3, 2010, the EPA 
revised Federal PSD permitting rules addressing the application of the 
requirements to GHG emissions (GHG Tailoring Rule) (75 FR 31514). 
However, on June 23, 2014, the Supreme Court, in Utility Air Regulatory 
Group v. Environmental Protection Agency,\1\ issued a decision 
addressing the application of PSD permitting requirements to GHG 
emissions. The Court said that the EPA may not treat GHGs as an air 
pollutant for purposes of determining whether a source is a major 
source (or modification thereof) required to obtain a PSD permit. The 
Court also said that the EPA could continue to require that PSD 
permits, otherwise required based on emissions of pollutants other than 
GHGs, contain limitations on GHG emissions based on the application of 
best available control technology. In order to act consistently with 
its understanding of the Court's decision pending further judicial 
action before the U.S. Court of Appeals for the District of Columbia to 
effectuate the decision, the EPA is not continuing to apply the EPA 
regulations that would require that SIPs include permitting 
requirements that the Supreme Court found impermissible. Specifically, 
the EPA is not applying the requirement that a state's SIP-approved PSD 
program require that sources obtain PSD permits when GHGs are the only 
pollutant (i) that the source emits or has the potential to emit above 
the major source thresholds, or (ii) for which there is a significant 
emissions increase and a significant net emissions increase from a 
modification (e.g. 40 CFR 51.166(b)(48)(v)).
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    \1\ 134 S.Ct. 2427 (2014).
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    The EPA anticipates a need to revise Federal PSD rules in light of 
the Supreme Court decision. In addition, the EPA anticipates that many 
states will revise their existing SIP-approved PSD programs in light of 
the Supreme Court's decision. The timing and content of subsequent EPA 
actions with respect to the EPA regulations is expected to be informed 
by additional legal processes before the D.C. Circuit. The EPA is not 
expecting states to have revised their existing PSD program regulations 
at this juncture, before the D.C. Circuit has addressed these issues 
and before the EPA has revised its regulations at 40 CFR 51.166 and 
52.21. However, the EPA is evaluating PSD program submissions to assure 
that state programs correctly address GHGs, consistent with the Supreme 
Court's decision. Because ADEC has excluded from its SIP submission the 
GHG Tailoring Rule provision that was vacated by the Supreme Court, 
that provision is not before the EPA for action.
    For the reasons discussed above, we are proposing to determine that 
the updated incorporation by reference of Federal requirements in 18 
AAC 50.040(h) is consistent with CAA requirements for SIP-approved PSD 
permitting programs.
    We note that in both the July 1, 2014, and October 24, 2014, 
submittals, ADEC included changes to 18 AAC 50.040(i) related to 
Alaska's nonattainment new source review permitting program. These 
changes were previously approved on January 7, 2015 (80 FR 832).

C. 18 AAC 50.225--Owner-Requested Limits

    The July 1, 2014, submittal included a revised version of 18 AAC 
50.225 ``Owner-Requested Limits,'' effective October 6, 2013, that 
removed paragraph (b)(7). Paragraph (a) of 18 AAC 50.225 specifies that 
an owner-requested limit under this provision may be requested ``to 
avoid all permitting obligations under AS 46.14.130 [Stationary sources 
requiring permits].'' Paragraph (b)(7) of 18 AAC 50.225 stated that, 
``if applying all limits does not avoid all permit classifications 
under AS 46.14 and this chapter, the owner or operator shall submit to 
the department ``a description, and if necessary an application, for 
the remaining classifications[.]'' In the July 1, 2014, submittal, ADEC 
stated that in 18 AAC 50.225, paragraph (b)(7) contradicts paragraph 
(a) and that the repeal of (b)(7) merely clarifies the requirements for 
obtaining owner-requested limits. As explained by ADEC, the State's 
interpretation of 18 AAC 50.225 is that a source is only eligible to 
apply for an owner-requested limit under 18 AAC 50.225 to avoid all 
stationary source permitting obligations under AS 46.14.130. AS 
46.14.130 ``Stationary sources requiring permits'' is the Alaska 
statute requiring both title I major new source construction permits 
and title V major source operating permits.\2\ If all obligations for 
major new source construction permitting cannot be avoided by 
requesting an emission limit on the source, then the owner or operator 
may not apply for an owner requested limit (ORL) under 18 AAC 50.225, 
but could instead request an ORL in a permit issued under 18 AAC 508 
``Minor Permits Requested by the Owner or Operator.'' This provision 
allows an owner or operator to request a minor permit from the 
department for ``establishing an owner requested limit (ORL) to avoid 
one or more permit classifications under AS 46.14.130 at a stationary 
source that will remain subject to at least one permit classification. 
. .''
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    \2\ Because the SIP addresses section 110 in title I of the CAA, 
the permitting obligation an owner or operator may seek to avoid 
through the SIP-approved rule at 18 AAC 50.225 is the obligation to 
obtain a major new source construction permit.
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    In the July 1, 2014, submittal ADEC asserted that ``there is no 
relaxation of the regulations, as the two types of ORLs allow the 
applicant to avoid permitting classifications depending on their 
particular situation.''
    We agree with ADEC that the provision at 18 AAC 50.225(b)(7) is 
potentially confusing and contradictory and that the repeal of that 
provision clarifies when each of the two provisions authorizing owner-
requested limits (18 AAC 50.225 and 18 AAC 50.508) are applicable to 
owners and operators of stationary sources seeking an emission limit to 
avoid major permitting obligations. We therefore propose to approve the 
revision to 18 AAC 50.225.

D. 18 AAC 50.260--Guidelines for Best Available Retrofit Technology 
Under the Regional Haze Rule

    In the July 1, 2014, submittal, ADEC revised this provision to 
reference the definition of fugitive emissions in 18 AAC 50.990 
``Definitions'' rather than the statutory definition in AS 46.14.990. 
The definition of ``fugitive emissions'' at 18 AAC 50.990(40) states 
that the term has the meaning given in 40 CFR 51.166(b)(20) in the 
Federal PSD regulations. This definition is approvable because the PSD 
definition of ``fugitive emissions'' in 40 CFR 51.166(b)(20) is 
identical to the definition of the same term in 40 CFR 51.301 
``Definitions'' for purposes of 40 CFR part 51, subpart P ``Protection 
of Visibility.''

E. 18 AAC 50.502--Minor Permits for Air Quality Protection

    The October 24, 2014, submittal revised 18 AAC 50.502 ``Minor 
Permits for Air Quality Protection'' to add

[[Page 14041]]

paragraph (h)(5). This paragraph defines ``regulated NSR pollutant'' 
for new sources seeking minor permits under 18 AAC 50.502 by adopting 
by reference the Federal definition of ``regulated NSR pollutant'' at 
40 CFR 52.21(b)(50). This is not a substantive change to Alaska's minor 
NSR program because this definition was previously included in 18 AAC 
50.900.

F. 18 AAC 50.990--Definitions

    The July 1, 2014, submittal revised the definition of ``fugitive 
emissions'' at 18 AAC 50.990(40) to have the meaning given in 40 CFR 
51.166(b)(20), as revised as of July 1, 2012. The October 24, 2014, 
submittal repealed the definition of ``regulated NSR pollutant'' at 18 
AAC 50.990(92). This action does not address these changes because we 
previously approved them on January 7, 2015 (80 FR 832).
    The July 1, 2014, submittal also updated the citation date for the 
incorporation by reference of the Federal definition of ``volatile 
organic compound'' (VOC). The submittal revised 18 AAC 50.990(121) to 
define ``VOC'' as the meaning given in 40 CFR 51,100(s) as of April 18, 
2013. We note that the Federal definition has been revised since April 
18, 2013. Specifically, on October 22, 2013, the EPA removed 
constituents from the definition of VOC (78 FR 62451). While the 
definition in Alaska's rule is not identical to the Federal definition, 
the Alaska definition is more stringent and therefore approvable.

III. Proposed Action

    The EPA is proposing to approve and incorporate by reference into 
the Alaska SIP changes to the following provisions submitted on July 1, 
2014 and October 24, 2014:
    <bullet> 18 AAC 50.015 ``Air Quality Designations, Classifications, 
and Control Regions'' (State effective 10/6/2013);
    <bullet> 18 AAC 50.040 ``Federal Standards Adopted by Reference'' 
(State effective 10/6/2013);
    <bullet> 18 AAC 50.225 ``Owner-Requested Limits'' (State effective 
10/6/2013);
    <bullet> 18 AAC 50.260 ``Guidelines for Best Available Retrofit 
Technology under the Regional Haze Rule'' (State effective 10/6/2013);
    <bullet> 18 AAC 50.502 ``Minor Permits for Air Quality Protection'' 
(State effective 11/9/2014); and
    <bullet> 18 AAC 50.990 ``Definitions'' (State effective 11/9/2014).
    We have made the preliminary determination that the submitted SIP 
revisions are approvable because they are consistent with section 110 
and part C of title I of the CAA. We note that this action does not 
address the submitted revisions related to Alaska's nonattainment NSR 
permitting program because we approved those changes on January 7, 2015 
(80 FR 832).

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described above in Section III. Proposed 
Action. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because it does not involve technical standards; and
    <bullet> 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: March 6, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-06216 Filed 3-17-15; 8:45 am]
 BILLING CODE 6560-50-P


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