Department of Environmental 

Conservation

DIVISION OF AIR QUALITY

Director’s Office

410 Willoughby Avenue, Suite 303

PO Box 111800

Juneau, AK 99811-1800

Main: 907-465-5100

Toll free: 866-241-2805

fax: 907-465-5129

http://dec.alaska.gov/air/index.htm

CERTIFIED MAIL: 7014 0510 0001 9932 7852

Return Receipt Requested

November 28, 2014

Janet McCabe

U.S. EPA Headquarters 

William Jefferson Clinton Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code: 6101A

Washington, DC 20460

Subject: Language in 40 C.F.R. 60 and 40 C.F.R. 63, exemptions for sources in rural areas of Alaska

Dear Ms. McCabe: 

The Alaska Department of Environmental Conservation (ADEC) appreciates the opportunity to bring a regulatory 

contradiction issue to EPA’s attention. ADEC finds that there are inconsistencies between the exemptions for 

sources located in rural areas of Alaska for Compression Ignition (CI) Internal Combustion Engines (ICE) found in

40 C.F.R. 60 Subpart IIII and for Stationary Reciprocating Internal Combustion Engines (stationary RICE) found 

in 40 C.F.R. 63 Subpart ZZZZ.

ADEC respectfully requests that EPA review options for administrative correction or other available procedures to 

correct the exemption language for sources in rural areas of Alaska in 40 C.F.R. 60 Subpart IIII to be the same as 

the exemption language in 40 C.F.R. 63 Subpart ZZZZ. In this administrative correction request, ADEC requests 

that EPA add the exemption language found in 40 C.F.R. 63 Subpart ZZZZ at § 63.6603(b)(2) to 40 C.F.R. 60 

Subpart IIII at § 60.4201(f), § 60.4202(g), and § 60.4216(a-f). ADEC is not requesting that any other aspect of 40 

CFR 60 Subpart IIII be considered for revision.

The exemption for sources in rural areas of Alaska in 40 C.F.R. 60 Subpart IIII remains tied to the FAHS (Federal 

Aid Highway System), whereas the exemption in 40 C.F.R. 63 subpart ZZZZ has been expanded to include sources 

connected to the FAHS solely through the Alaska Marine Highway System (AMHS) or those isolated from the 

Alaska Railbelt Grid. As a result, many isolated Alaskan communities are currently caught between the two 

definitions of “rural”. This has resulted in confusion and unintended consequences for CI ICE and stationary RICE

sources subject to regulations in both 40 C.F.R. 60 Subpart IIII and 40 C.F.R. 63 Subpart ZZZZ.

EPA currently recognizes that rural areas of Alaska, as exempted in 40 C.F.R. 63 Subpart ZZZZ, are compliant with 

the CI ICE emission standards through Generally Achievable Control Technology (GACT) management practices.

EPA further acknowledges that it is impractical for those sources in rural areas of Alaska to employ MACT 

standards. Therefore, the exemption inconsistency could result in some remote Alaskan utilities delaying or 

Clean Air

Janet McCabe November 28, 2014

U.S. EPA Headquarters

cc: Dennis McLerran, EPA Region 10/Regional Administrator

Kate Kelly, EPA, Region 10

Dave Bray, EPA Region 10

Heather Valdez, EPA Region 10

Larry Hartig, ADEC/Commissioner

Lynn Kent, ADEC/Deputy Commissioner

John Kuterbach, ADEC/APP Manager

Sara Fisher-Goad, AEA/Executive Director

Page 3 of 3



ALASKA POWER & TELEPHONE COMPANY

PORT TOWNSEND, WA 98368

(360) 385-1733 – (800) 982-0136

FAX (360) 385-5177

Alaska Power Company • Alaska Telephone Company • AP&T Wireless, Inc. • AP&T Long Distance, Inc

North Country Telephone, Inc. • Bettles Telephone, Inc. • Goat Lake Hydro, Inc. • BBL Hydro, Inc.

August 6, 2012

Air and Radiation Docket and Information Center

Environmental Protection Agency

Mail Code: 6102T

1200 Pennsylvania Avenue NW

Washington, DC 20460

Subject: Docket ID No. EPA-HQ-OAR-2008-0708

Proposed Rule for National Emissions Standards for Hazardous Air 

Pollutants for Reciprocating Internal Combustion Engines 

To whom it may concern,

Thank you for the opportunity to comment on the proposed reconsideration of the National 

Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal 

Combustion Engines (RICE), published in the Federal Register on June 7, 2012. Alaska 

Power & Telephone (AP&T) appreciates the proposed amendments made to the definition of 

remote areas of Alaska within the language of 40 CFR Part 63, Subpart ZZZZ. 

AP&T is a regulated power and telephone utility serving 23 electrically isolated 

communities in rural Alaska. These communities are located above the Arctic Circle, 

deep in the Wrangell Mountains and throughout the islands of Southeast Alaska. Small 

diesel generators operate 24 hours per day, 365 days per year to supply power for these 

communities except those that have small hydro projects which require diesel standby

generators as well. Some of these small diesel plants are located on the FAHS and 

AP&T believes that implementing the Subpart ZZZZ regulation will place undue 

economic burden on these communities with no appreciable benefit. 

AP&T supports the Environmental Protection Agency (EPA) proposal to better clarify the 

definition of “remote areas of Alaska” by removing reference to the Federal Aid Highway 

System (FAHS). EPA correctly recognizes that areas accessible by the FAHS but not 

connected to the Alaska Railbelt Grid face the same unique challenges as those areas not 

accessible by the FAHS, including accessibility issues, low population density, severe weather 

conditions, high energy costs, and isolated micro-grids. 
 Page 2 August 10, 2012

Alaska Power Company • Alaska Telephone Company • AP&T Wireless, Inc. • AP&T Long Distance, Inc

North Country Telephone, Inc. • Bettles Telephone, Inc. • Goat Lake Hydro, Inc. • BBL Hydro, Inc.

As for the specific criteria proposed for the revised definition of “remote areas of 

Alaska,” Alaska Power & Telephone agrees that it is appropriate to only consider engines 

not connected to the Alaska Railbelt Grid, and that at least 10% of the power generated 

by these engines per year should be used for residential purposes. These two criteria 

reflect a reasonable approach to adequately describe the type of Alaska communities and 

electrical systems that serve remote residential populations where the impact of even 

higher energy costs is a great concern. Further, Alaska Power & Telephone strongly 

believes a single definition is needed for “remote areas of Alaska” for both RICE 

NESHAP and NPS. While the proposed RICE NESHAP definition for remote areas of 

Alaska will benefit many road (and some marine highway) connected 

communities/facilities with RICE NESHAP engines, once these areas either reconstruct 

an existing RICE, or install model year 2014 or later diesel engines, they will be subject 

to the full final NSPS Tier 4 emissions requirements, which currently require exhaust 

oxidation catalysts, particulate filters and SCR urea injection systems. These systems are 

not viable or sustainable in small, isolated grid communities. 

A single definition is needed for "remote areas of Alaska" for both RICE NESHAP and 

NSPS, otherwise, as remote road connected utilities transition from RICE NESHAP to 

NSPS engines, these engines will be subject to the full NSPS final Tier 4 requirements 

and will not be eligible for the regulatory relief provided under the current NSPS 

definition of "remote areas of Alaska", which is limited to areas "not accessible to the 

Federal Aid Highway system"

Thank you for considering the unique circumstances of Alaska’s rural communities. 

Sincerely,

Robert S. Grimm

President

cc: Melanie King, EPA Energy Strategies Group (D243-01)

Heather Valdez, EPA Region 10 (AWT-107)

Senator Lisa Murkowski, US Senate

Senator Mark Begich, US Senate

Representative Don Young, US House of Representatives
August 8, 2012

Air and Radiation Docket and Information Center

Environmental Protection Agency 

Mailcode: 6102T

1200 Pennsylvania Ave., NW.

Washington, DC 20460.

Subject: Docket ID No. EPA–HQ–OAR–2008–0708: National Emission Standards for 

Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New 

Source Standards for Stationary Internal Combustion Engines. Proposed Rule 

Yakutat Power supports the comments provided to the EPA requesting clarification, supporting

the proposed RICE NESHAP amendment expanding the definition of “remote areas of Alaska”, 

and requesting the expansion of the current NSPS definition of “remote areas of Alaska” to align 

with the proposed RICE NESHAP definition.

Additionally, Yakutat Power requests that EPA provide regulatory relief to owners and operators 

of model year 2006 RICE engines that were manufactured after April 1, 2006 that do not meet 

Tier 1 NSPS requirements. Utilities, and other owner and operators, in good faith ordered nonTier, model year 2006 engines that, due to unprecedented world demand created by worldwide 

natural disasters, were delayed up to a year and not manufactured until after the April 1, 2006 

NSPS deadline for complying with Tier 1 emissions requirements. 

40 CFR 60.4210(c)(2)(iii) states that CI ICE engines manufactured after April 1, 2006 that do not 

meet Tier 1 requirements may not be used in the U.S. (This is an engine Manufacturers 

requirement). However, 40 CFR 60.4200 stipulates that the NSPS requirements only apply to 

Manufacturers of stationary CI ICE with displacement less than 30 liters per cylinder where the 

model year is 2007 or later. 

40 CFR 60.4200(a)(2) states that Owners and operators of stationary CI ICE that commence 

construction after July 11, 2005, where the stationary CI ICE are manufactured after April 1, 

2006 are subject to the NSPS rule.

40 CFR 60.4204(a) states that Owners and operators of pre-2007 model year non-emergency 

stationary CI ICE with a displacement of less than 10 liters per cylinder must comply with the 

emission standards in table 1 to this subpart (which are Tier 1 emissions requirements).

Therefore, a Manufacturer was permitted after April 1, 2006 to manufacture a model year 2006 

engine that is not labeled and does not comply with NSPS emissions requirements, BUT the 

owner or operator of that same engine is subject to NSPS Tier 1 emissions requirements.
This has to be an unintended oversight on the part of the EPA. The intent of the NSPS rule puts 

the burden of emissions compliance on the engine manufacturer and requires engine 

manufacturers to certify and label 2007 and later stationary engines, while the owner/operator 

complies by operating and maintaining the certified engine in accordance with the manufacturer’s 

requirements. 

Allowing engine manufacturers, unbeknownst to the owner/operator, to manufacture and deliver 

an engine not certified and labeled in compliance with NSPS requirements, yet requiring the 

owner/operator to comply with the NSPS emission requirements, is unjust. 

Yakutat Power requests that EPA waive applicability of the NSPS requirements to this small class 

of model year 2006 engines, and clarifies that these engines are subject to RICE NESHAP rule 

and not the NSPS rule.

Sincerely,

Scott Newlun

General Manager

cc: Melanie King, EPA Energy Strategies Group (D243-01)

Heather Valdez, EPA Region 10 (AWT-107)

Senator Lisa Murkowski, US Senate

Senator Mark Begich, US Senate

Representative Don Young, US House of Representatives