[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Proposed Rules]
[Pages 3101-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0597; FRL-9973- 22--Region 10]


Air Plan Approval; AK: Fine Particulate Matter Infrastructure 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires 
states to submit a plan for the implementation, maintenance, and 
enforcement of the standard, commonly referred to as infrastructure 
requirements. The Environmental Protection Agency (EPA) is proposing to 
approve the Alaska State Implementation Plan (SIP) as meeting specific 
infrastructure requirements for the fine particulate matter 
(PM<INF>2.5</INF>) NAAQS.

DATES: Comments must be received on or before February 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0597, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI), 
or other information the disclosure of which is

[[Page 3102]]

restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, Air Planning Unit, 
Office of Air and Waste (OAW-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave, Seattle, WA 98101; telephone number: (206) 
553-6357; email address: <a href="/cdn-cgi/l/email-protection#bbd3dad7d795d0c9d2c8cfd2d5fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="5b333a373775302932282f32351b3e2b3a753c342d">[email protected]</span></a>.

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. Infrastructure Elements
III. EPA Approach To Review of Infrastructure SIP Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review

I. Background

    On July 18, 1997, the EPA promulgated a new 24-hour and a new 
annual NAAQS for fine particulate matter (PM<INF>2.5</INF>) (62 FR 
38652). Subsequently, on October 17, 2006, the EPA tightened the 24-
hour PM<INF>2.5</INF> NAAQS from 65 micrograms per cubic meter 
([micro]g/m\3\) to 35 [micro]g/m\3\, and retained the annual 
PM<INF>2.5</INF> standard at 15 [micro]g/m\3\ (71 FR 61144). More 
recently, on December 14, 2012, the EPA lowered the level of the 
primary annual PM<INF>2.5</INF> NAAQS to 12 [mu]g/m\3\ and retained the 
remaining particulate matter standards (January 15, 2013, 78 FR 3086).
    After a new or revised NAAQS is promulgated, the CAA requires 
states to submit infrastructure SIPs to meet basic elements required to 
implement, maintain, and enforce the new or revised NAAQS. On March 10, 
2016, the Alaska Department of Environmental Conservation (ADEC) 
submitted a SIP revision to meet the 2012 PM<INF>2.5</INF> NAAQS 
infrastructure requirements, in addition to outstanding 1997 and 2006 
PM<INF>2.5</INF> NAAQS infrastructure elements not included in prior 
submissions. Specifically, Alaska's March 10, 2016, submission 
addresses the following infrastructure elements:
    <bullet> CAA section 110(a)(2)(A) through (M) for the 2012 
PM<INF>2.5</INF> NAAQS;
    <bullet> CAA section 110(a)(2)(G) for the 2006 PM<INF>2.5</INF> 
NAAQS; and
    <bullet> CAA section 110(a)(2)(G) for the 1997 PM<INF>2.5</INF> 
NAAQS.
    We note that Alaska's March 10, 2016, submission addresses other 
program areas, such as regional haze, transportation conformity, and 
nonattainment planning. In this action, we are proposing to approve the 
portion of the March 10, 2016, submission related to PM<INF>2.5</INF> 
infrastructure requirements only.\1\ We previously approved other 
portions of the submission on August 28, 2017 (82 FR 40712) and 
September 8, 2017 (82 FR 42457), and we intend to address the remainder 
of the submission in separate, future actions.
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    \1\ Consistent with past practice, the EPA intends to act on 
requirements related to the CAA section 110(a)(2)(D)(i)(I) 
interstate transport provisions in a separate action. See 79 FR 
45103 (August 4, 2014).
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II. Infrastructure Elements

    CAA section 110(a)(1) provides the procedure and timing for SIP 
submissions after a new or revised NAAQS is promulgated. CAA section 
110(a)(2) lists specific elements that states must meet related to a 
newly established or revised NAAQS. The EPA has issued guidance to help 
states address these requirements, most recently on September 13, 2013 
(2013 Guidance).\2\ The requirements, with their corresponding CAA 
subsection, are listed below:
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    \2\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10, 
September 13, 2013.
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    <bullet> 110(a)(2)(A): Emission limits and other control measures.
    <bullet> 110(a)(2)(B): Ambient air quality monitoring/data system.
    <bullet> 110(a)(2)(C): Program for enforcement of control measures.
    <bullet> 110(a)(2)(D): Interstate transport.
    <bullet> 110(a)(2)(E): Adequate resources.
    <bullet> 110(a)(2)(F): Stationary source monitoring system.
    <bullet> 110(a)(2)(G): Emergency episodes.
    <bullet> 110(a)(2)(H): Future SIP revisions.
    <bullet> 110(a)(2)(I): Areas designated nonattainment and 
applicable requirements of part D.
    <bullet> 110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
    <bullet> 110(a)(2)(K): Air quality modeling/data.
    <bullet> 110(a)(2)(L): Permitting fees.
    <bullet> 110(a)(2)(M): Consultation/participation by affected local 
entities.
    The EPA's 2013 Guidance restated our interpretation that two 
elements are not governed by the three-year submission deadline in CAA 
section 110(a)(1) because SIPs incorporating necessary local 
nonattainment area controls are due on separate schedules, pursuant to 
CAA section 172 and the various pollutant-specific subparts 2 through 5 
of part D. These are submissions required by: (i) CAA section 
110(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) CAA section 
110(a)(2)(I). As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). The EPA has also determined that the CAA 
section 110(a)(2)(J) provision on visibility is not triggered by a new 
NAAQS because the visibility requirements in part C, title I of the CAA 
are not changed by a new NAAQS.

III. EPA Approach To Review of Infrastructure Submissions

    The EPA is proposing to approve Alaska's March 10, 2016, submission 
as meeting certain PM<INF>2.5</INF> NAAQS infrastructure requirements. 
Our most recent action on an Alaska infrastructure submission was 
published on May 12, 2017 (82 FR 22081). In the preamble of the action, 
we published a discussion of the EPA's overall approach to review of 
these types of submissions. Please see our July 20, 2016, proposed rule 
for this discussion (81 FR 47103, at page 47104).

IV. EPA Evaluation

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) requires SIPs to include enforceable 
emission limits and other control measures, means or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements of the CAA.
    State submission: The submission cites regulations set forth at 
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 
50 Air Quality Control (18 AAC 50). The relevant regulations are listed 
below:
    <bullet> 18 AAC 50.010: Ambient Air Quality Standards.
    <bullet> 18 AAC 50.015: Air Quality Designations, Classifications, 
and Control Regions.

[[Page 3103]]

    <bullet> 18 AAC 50.040: Federal Standards Adopted by Reference.
    <bullet> 18 AAC 50.050: Incinerator Emission Standards.
    <bullet> 18 AAC 50.055: Industrial Processes and Fuel Burning 
Equipment.
    <bullet> 18 AAC 50.065: Open Burning.
    <bullet> 18 AAC 50.070: Marine Vessel Visible Emission Standards.
    <bullet> 18 AAC 50.075: Solid Fuel-Fired Heating Device Visible 
Emission Standards.
    <bullet> 18 AAC 50.076: Solid Fuel-Fired Heating Device Fuel 
Requirements; Registration of Commercial Wood Sellers.
    <bullet> 18 AAC 50.077: Standards for Wood-Fired Heating Devices.
    <bullet> 18 AAC 50.301: Permit Continuity.
    <bullet> 18 AAC 50.302: Construction Permits.
    <bullet> 18 AAC 50.306: Prevention of Significant Deterioration 
(PSD) Permits.
    <bullet> 18 AAC 50.345: Construction, Minor and Operating Permits: 
Standard Permit Conditions.
    <bullet> 18 AAC 50.502: Minor Permits for Air Quality Protection.
    <bullet> 18 AAC 50.508: Minor Permits Requested by the Owner or 
Operator.
    <bullet> 18 AAC 50.540: Minor Permit: Application.
    <bullet> 18 AAC 50.542: Minor Permit Review and Issuance.
    <bullet> 18 AAC 50.544: Minor Permits: Content.
    <bullet> 18 AAC 50.546: Minor Permits: Revisions.
    <bullet> 18 AAC 50.560: General Minor Permits.
    EPA analysis: Alaska regulates emissions of PM<INF>2.5</INF> (and 
nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) as 
precursors to PM<INF>2.5</INF>) through its SIP-approved major and 
minor new source review (NSR) permitting programs, and other rules 
described below. The EPA recently approved numerous revisions to the 
Alaska SIP, including updates to 18 AAC 50.010 Ambient Air Quality 
Standards to reflect the most recent NAAQS revisions--the 2012 
PM<INF>2.5</INF> and 2015 ozone NAAQS (82 FR 42457, September 8, 2017; 
82 FR 40712, August 28, 2017). As a result, Alaska's ambient air 
quality standards in 18 AAC 50.010 are up-to-date with current NAAQS.
    Alaska has no areas designated nonattainment for the 2012 
PM<INF>2.5</INF> NAAQS. We note, however, that the EPA does not 
consider SIP requirements triggered by the nonattainment area mandates 
in part D, title I of the CAA to be governed by the submission deadline 
of CAA section 110(a)(1). Regulations and other control measures for 
purposes of attainment planning under part D, title I of the CAA are 
due on a different schedule than infrastructure SIPs.
    Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3 
for attainment and unclassifiable areas, generally rely on the federal 
PSD program regulations at 40 CFR 51.166 and 40 CFR 52.21, which are 
incorporated by reference into the Alaska SIP, to implement its SIP-
approved PSD permitting program. The EPA most recently approved 
revisions to Alaska's PSD rules on August 28, 2017 (82 FR 40712). The 
current Alaska SIP-approved PSD program incorporates by reference 
specific regulations at 40 CFR 52.21 and 40 CFR 51.166 as of December 
28, 2015.
    Alaska regulates minor stationary sources of PM<INF>2.5</INF> and 
precursors through its federally-approved minor NSR permitting program. 
Alaska's minor NSR rules in 18 AAC Chapter 50, Article 5 were 
originally approved into the SIP on July 5, 1983, and the state has 
made updates and revisions to the program since then. The EPA most 
recently approved substantive revisions to the Alaska minor NSR rules 
on September 19, 2014 (79 FR 56268) and August 28, 2017 (82 FR 40712).
    In addition to permitting requirements, Alaska's SIP contains rules 
that limit particulate matter emissions. These controls include 
incinerator emission standards, emission limits for specific industrial 
processes and fuel burning equipment, open burning restrictions, 
visible emission limits on marine vessel emissions, and requirements 
for installing and operating solid fuel-fired devices. Therefore, we 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(A) for the 2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for the establishment and operation of ambient air quality 
monitors, collecting and analyzing ambient air quality data, and making 
these data available to the EPA upon request.
    State submission: The submission references Alaska statutory and 
regulatory authority to conduct ambient air monitoring investigations. 
Alaska Statutes (AS) 46.03.020 Powers of the department paragraph (5) 
provides authority to undertake studies, inquiries, surveys, or 
analyses essential to the accomplishment of the purposes of ADEC. AS 
46.14.180 Monitoring provides 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 require a source to do 
emissions testing, reduce emissions, and apply controls to sources.
    The submission references ADEC's revised Quality Assurance Project 
Plan for the State of Alaska Air Monitoring and Quality Assurance 
Program, adopted by reference into the State Air Quality Control Plan 
at 18 AAC 50.030(4). Validated State & Local Air Monitoring Stations, 
and Special Purpose Monitoring ambient air quality monitoring data are 
verified, and then electronically reported to the EPA through the Air 
Quality System on a quarterly basis. The submission also references the 
adoption of the federal reference and interpretation methods for 
PM<INF>2.5</INF>. These methods are used by ADEC in its ambient air 
quality monitoring program to determine compliance with the standards.
    EPA analysis: A comprehensive air quality monitoring plan to meet 
CAA monitoring requirements was originally submitted by Alaska on 
January 18, 1980 (40 CFR 52.70) and approved by the EPA on April 15, 
1981 (46 FR 21994). The plan includes statutory and regulatory 
authority to establish and operate an air quality monitoring network, 
including PM<INF>2.5</INF> monitoring. Alaska's SIP-approved 
regulations in 18 AAC 50 Article 2 govern source-specific monitoring 
and emissions testing for PM<INF>2.5</INF> in accordance with federal 
reference methods. Alaska regularly assesses the adequacy of the state 
monitoring network and submits that assessment to the EPA for review. 
In practice, Alaska operates a comprehensive PM<INF>2.5</INF> 
monitoring network, compiles and analyzes collected data, and submits 
the data to the EPA's Air Quality System on a quarterly basis. We are 
therefore proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(B) for the 2012 PM<INF>2.5</INF> 
NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires states to include a program 
providing for enforcement of all SIP measures and the regulation of 
construction of new or modified stationary sources, including a program 
to meet PSD and nonattainment NSR requirements.
    State submission: With respect to enforcement, the submission 
states that a violation of the prohibitions in the regulations above, 
or any permit condition, can result in civil actions (AS 46.03.760 
Civil action for pollution; damages), administrative penalties (AS 
46.03.761 Administrative penalties), or

[[Page 3104]]

criminal penalties (AS 46.03.790 Criminal penalties). In addition, the 
submission references compliance order and enforcement proceeding 
provisions found at 18 AAC Chapter 95 Administrative Enforcement.
    With respect to construction of new and modified stationary 
sources, the submission points to ADEC's statutory authority 
established in AS 46.14 Air Quality Control, Article 01 General 
Regulations and Classifications and Article 02 Emission Control Permit 
Program. The submission states that ADEC's PSD/NSR programs were 
originally approved by the EPA on February 16, 1995 (60 FR 8943), and 
revisions to the program were approved in 2007, 2011, and 2015. 
Alaska's regulations for construction of new and modified major sources 
in attainment and unclassifiable areas (PSD) are found at 18 AAC 
50.306, and those for nonattainment areas (nonattainment NSR) are found 
at 18 AAC 50.311. Minor stationary sources are permitted via minor NSR 
regulations in 18 AAC 50 Article 5.
    EPA analysis: We are proposing to find that Alaska statute provides 
ADEC 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 the 
environment. Enforcement cases may be referred to the State Department 
of Law. Therefore, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(C) related to 
enforcement for the 2012 PM<INF>2.5</INF> NAAQS.
    To generally meet the requirements of CAA section 110(a)(2)(C) for 
regulation of construction of new or modified stationary sources, 
states are required to have PSD, nonattainment NSR, and minor NSR 
permitting programs adequate to implement the 2012 PM<INF>2.5</INF> 
NAAQS. As explained above, we are not evaluating nonattainment related 
provisions, such as the nonattainment NSR program required by part D, 
title I of the CAA.
    For the PSD portion of element 110(a)(2)(C) (as well as for the PSD 
portions of elements (D)(i)(II) and (J)) the EPA interprets the CAA to 
require an infrastructure submission that demonstrates a complete PSD 
permitting program meeting current requirements for all regulated NSR 
pollutants. Alaska has a SIP-approved PSD program that incorporates by 
reference certain federal PSD program requirements at 40 CFR 52.21 and 
40 CFR 51.166. We most recently approved updates to the program on 
August 28, 2017 (82 FR 40712). The Alaska PSD rules meet current 
requirements for all regulated NSR pollutants--we are therefore 
proposing to approve element 110(a)(2)(C) for PSD.
    Turning to the minor NSR requirement, the EPA originally approved 
Alaska's minor NSR program into the SIP on July 5, 1983 as meeting 
federal minor NSR requirements at 40 CFR 51.160 through 40 CFR 51.164 
(48 FR 30623). Over the years, we have approved revisions to the 
program as consistent with the CAA and federal minor NSR requirements, 
most recently on August 28, 2017 (82 FR 40712). We have determined that 
the program regulates construction of new and modified minor sources 
for purposes of the 2012 PM<INF>2.5</INF> NAAQS consistent with CAA 
requirements. Therefore, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(C) for the 2012 
PM<INF>2.5</INF> NAAQS.

110(a)(2)(D)(i): Interstate Transport

    CAA section 110(a)(2)(D)(i) requires state 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 (CAA section 
110(a)(2)(D)(i)(I)). Further, this section requires state SIPs to 
include provisions prohibiting any source or other type of emissions 
activity in one state from interfering with measures required to 
prevent significant deterioration (PSD) of air quality, or from 
interfering with measures required to protect visibility (i.e. measures 
to address regional haze) in any state (CAA section 
110(a)(2)(D)(i)(II)).
    State submission: Alaska's March 10, 2016, submission addresses 
110(a)(2)(D)(i)(I) for the 2012 PM<INF>2.5</INF> NAAQS, however, we 
intend to evaluate the requirement in a separate, future action. For 
purposes of CAA section 110(a)(2)(D)(i)(II), the submission references 
the Alaska SIP-approved PSD program and the Alaska Regional Haze Plan.
    EPA analysis: CAA section 110(a)(2)(D)(i)(II) requires state SIPs 
to contain adequate provisions prohibiting emissions which will 
interfere with any other state's required measures to prevent 
significant deterioration (PSD) of its air quality (prong 3), and 
adequate provisions prohibiting emissions which will interfere with any 
other state's required measures to protect visibility (prong 4). As 
noted above for section 110(a)(2)(C), Alaska's SIP-approved PSD 
program, last revised on August 28, 2017, incorporates by reference 
current federal PSD requirements (82 FR 40712). We are therefore 
proposing to approve the Alaska SIP as meeting the requirements of CAA 
section 110(a)(2)(D)(i)(II) with respect to PSD (prong 3) for the 2012 
PM<INF>2.5</INF> NAAQS.
    To address whether emissions from sources in Alaska interfere with 
any other state's required measures to protect visibility, the 
submission references the Alaska regional haze SIP, submitted on March 
29, 2011, and approved by the EPA on February 14, 2013 (78 FR 10546). 
The EPA believes, as noted in the 2013 Guidance, that with respect to 
the 110(a)(2)(D)(i)(II), where a state's regional haze SIP has been 
approved as meeting all current obligations, a state may rely upon 
those provisions in support of its demonstration for the visibility 
sub-element. Because the Alaska regional haze SIP was found to meet 
federal requirements, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(D)(i)(II) as it 
applies to visibility for the 2012 PM<INF>2.5</INF> NAAQS (prong 4).

110(a)(2)(D)(ii): Interstate and International Transport Provisions

    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source, 
and specifies how a state may petition the EPA when a major source or 
group of stationary sources in a state is thought to contribute to 
certain pollution problems in another state. CAA section 115 governs 
the process for addressing air pollutants emitted in the United States 
that cause or contribute to air pollution that may reasonably be 
anticipated to endanger public health or welfare in a foreign country.
    State submission: The submission references Alaska's SIP-approved 
PSD program and certifies that Alaska has no pending obligations under 
CAA section 115 or 126.
    EPA analysis: At 18 AAC 50.306(b), Alaska's PSD program 
incorporates by reference the general provisions of 40 CFR 51.166(q)(2) 
to describe the public participation procedures for PSD permits, 
including requiring notice to states whose lands may be affected by

[[Page 3105]]

the emissions of sources subject to PSD. As a result, Alaska's PSD 
regulations provide for notice consistent with CAA section 126(a) and 
federal requirements. We confirm that Alaska has no pending obligations 
under section 115 or 126(b) of the CAA. Therefore, we are proposing to 
approve the Alaska SIP as meeting the requirements of CAA section 
110(a)(2)(D)(ii) for the 2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(E): Adequate Resources

    CAA section 110(a)(2)(E) requires each state 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) requirements that the state comply 
with the requirements respecting state boards under CAA 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.
    State submission: The submission asserts that ADEC maintains 
adequate personnel, funding, and authority to implement the SIP. The 
submission refers to AS 46.14.030 State Air Quality Control Plan which 
provides ADEC statutory authority to act for the state and adopt 
regulations necessary to implement the state air plan. The submission 
also references 18 AAC 50.030 State Air Quality Control Plan which 
provides regulatory authority to implement and enforce the SIP.
    With respect to CAA section 110(a)(2)(E)(ii), Alaska's regulations 
on conflict of interest are found in Title 2 Administration, Chapter 50 
Alaska Public Offices Commission: Conflict of Interest, Campaign 
Disclosure, Legislative Financial Disclosure, and Regulations of 
Lobbying (2 AAC 50.010-2 AAC 50.920). Regulations concerning financial 
disclosure are found in Title 2, Chapter 50, Article 1--Public Official 
Financial Disclosure. These regulations were previously adopted and 
approved into the SIP. There are no state air quality boards in Alaska. 
The ADEC commissioner, however, as an appointed official and the head 
of an executive agency, is required to file a financial disclosure 
statement annually with the Alaska Public Offices Commission (APOC). 
These disclosures are publically available through APOC's Anchorage 
office.
    With respect to CAA section 110(a)(2)(E)(iii) and assurances that 
the state has responsibility for ensuring adequate implementation of 
the plan where the state has relied on local or regional government 
agencies, the submission references statutory authority and 
requirements for establishing local air pollution control programs 
found at AS 46.14.400 Local air quality control programs.
    The submission also states that ADEC provides technical assistance 
and regulatory oversight to the Municipality of Anchorage, Fairbanks 
North Star Borough, 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 
Municipality of Anchorage and Fairbanks North Star Borough that allows 
the local entities to operate air quality control programs in their 
respective jurisdictions. The South Central Clean Air Authority has 
been established to aid the Municipality of Anchorage and the 
Matanuska-Susitna Borough in pursuing joint efforts to control 
emissions and improve air quality in the air-shed common to the two 
jurisdictions.
    EPA analysis: We are proposing to find that the Alaska SIP meets 
the adequate personnel, funding and authority requirements of CAA 
section 110(a)(2)(E)(i). Alaska receives sections 103 and 105 grant 
funds from the EPA and provides matching funds necessary to carry out 
SIP requirements. For purposes of CAA section 110(a)(2)(E)(ii), we 
previously approved Alaska's conflict of interest disclosure and ethics 
regulations as meeting the requirements of CAA section 128 on October 
22, 2012 (77 FR 64427). Finally, we are proposing to find that Alaska 
has provided 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 the SIP as required by CAA section 
110(a)(2)(E)(iii). Therefore, we are proposing to approve the Alaska 
SIP as meeting the requirements of CAA section 110(a)(2)(E) for the 
2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(F): Stationary Source Monitoring System

    CAA section 110(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 
monitor 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.
    State submission: The submission states that ADEC has general 
statutory authority in AS 46.14 Air Quality Control to regulate 
stationary sources via an air permitting program which includes permit 
reporting requirements, completeness determinations, administrative 
actions, and stack source monitoring requirements. The submission 
states ADEC has regulatory authority to determine compliance with these 
statutes via information requests (18 AAC 50.200) and ambient air 
quality investigations (18 AAC 50.201). Monitoring protocols and test 
methods for stationary sources are adopted by reference, including the 
federal reference and interpretation methods for PM<INF>2.5</INF>. The 
submission also references the SIP-approved Alaska PSD program. 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.
    EPA analysis: The Alaska SIP establishes compliance requirements 
for sources subject to major and minor source permitting to monitor 
emissions, keep and report records, and collect ambient air monitoring 
data. 18 AAC 50.200 Information Requests provides ADEC authority to 
issue information requests to an owner, operator, or permittee for 
purposes of ascertaining compliance. 18 AAC 50.201 Ambient Air Quality 
Investigations provides authority to require an owner, operator, or 
permittee to evaluate the effect emissions from the source have on 
ambient air quality. In addition, 18 AAC 50.306 Prevention of 
Significant Deterioration Permits and 18 AAC 50.544 Minor Permits: 
Content provide for establishing permit conditions to require the 
permittee to install, use and maintain monitoring equipment, sample 
emissions, provide source test reports, monitoring data, emissions 
data, and information from analysis, keep records and make periodic 
reports on process operations and emissions. This information is made 
available to the public through public processes outlined in these SIP-
approved rules.
    Additionally, states are required to submit emissions data to the 
EPA for purposes of the National Emissions Inventory (NEI). The NEI is 
the EPA's central repository for air emissions data. All states are 
required to submit a comprehensive emissions inventory every three 
years and report emissions for certain larger sources annually through 
the EPA's online Emissions

[[Page 3106]]

Inventory System. As required, Alaska reports emissions data for the 
six criteria pollutants and their associated precursors--nitrogen 
oxides, sulfur dioxide, ammonia, lead, carbon monoxide, particulate 
matter, and volatile organic compounds. The EPA compiles the emissions 
data, supplementing it where necessary, and releases it to the general 
public through the website https://www.epa.gov/air-emissions-inventories. Based on the above analysis, we are proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(F) 
for the 2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(G): Emergency Episodes

    CAA section 110(a)(2)(G) 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.
    State submission: We note that Alaska's submission addresses not 
only the 2012 PM<INF>2.5</INF> NAAQS for this element, but also the 
1997 and 2006 PM<INF>2.5</INF> NAAQS. Alaska cites statutory authority 
including AS 46.03.820 Emergency powers which provides ADEC with 
emergency order authority where there is 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. The submission references 18 AAC 
50.246 Air Quality Episodes and Advisories for PM2.5 which authorizes 
ADEC to declare an air alert, air warning, or air advisory to notify 
the public and prescribe and publicize curtailment action, including 
restrictions on open burning under 18 AAC 50.065 and limits on visible 
emissions from solid fuel-fired heating devices under 18 AAC 50.075. 
The submission states that ADEC has also worked with the Fairbanks 
North Star Borough (FNSB) to develop an emergency episode plan for 
PM<INF>2.5</INF> applicable in the FNSB area. This plan was adopted 
into the state plan at 18 AAC 50.030.
    EPA analysis: Section 303 of the CAA provides authority to the EPA 
Administrator to restrain any source from causing or contributing to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' The EPA finds that AS 
46.03.820 Emergency Powers provides emergency order authority 
comparable to CAA Section 303. We also find that Alaska's emergency 
episode rule at 18 AAC 50.246 Air Quality Episodes and Advisories for 
PM2.5, in conjunction with 18 AAC 50.065 Open Burning and 18 AAC 50.075 
Solid Fuel-Fired Device Visible Emission Standards, most recently 
approved by the EPA on September 8, 2017 (82 FR 40712), are consistent 
with the requirements of 40 CFR part 51 subpart H for PM<INF>2.5</INF> 
(prevention of air pollution emergency episodes, sections 51.150 
through 51.153). Based on the foregoing, we are proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(G) 
for the 1997, 2006, and 2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
the plan (i) from time to time as may be necessary to take account of 
revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds that the SIP is 
substantially inadequate to attain the NAAQS which it implements or to 
otherwise comply with any additional requirements under the CAA.
    State submission: The submission 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) Powers of the Department 
and AS 46.14.010(a) Emission Control Regulations.
    EPA analysis: As cited above, the Alaska SIP provides for 
revisions, and in practice, Alaska regularly submits SIP revisions to 
the EPA to take into account changes to the NAAQS and other 
requirements. We have taken action on revisions to the Alaska SIP on 
many occasions in the past, most recently on September 8, 2017 (82 FR 
42457), August 28, 2017 (82 FR 40712), May 19, 2016 (81 FR 31511), 
March 18, 2015 (80 FR 14038), and September 19, 2014 (79 FR 56268). We 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(H) for the 2012 PM<INF>2.5</INF> NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    EPA analysis: There are two elements identified in CAA section 
110(a)(2) not governed by the three-year submission deadline of CAA 
section 110(a)(1), because SIPs incorporating necessary local 
nonattainment area controls are due on a different timeline, pursuant 
to section 172 and the various pollutant specific subparts 2 through 5 
of part D. As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment NSR or CAA section 
110(a)(2)(I).

110(a)(2)(J): Consultation With Government Officials

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and federal land managers with 
respect to NAAQS implementation requirements pursuant to section 121. 
CAA section 110(a)(2)(J) further requires states to notify the public 
if NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. Lastly, CAA section 
110(a)(2)(J) requires states to meet applicable requirements of part C, 
title I of the CAA related to prevention of significant deterioration 
and visibility protection.
    State submission: The submission refers to statutory authority to 
consult and cooperate with officials of local governments, state and 
federal agencies, and non-profit groups found at AS 46.030.020 Powers 
of the department paragraphs (3) and (8). The submission states that 
municipalities and local air quality districts seeking approval for a 
local air quality control program shall enter into a cooperative 
agreement with ADEC according to AS 46.14.400 Local air quality control 
programs, paragraph (d). ADEC can adopt new CAA regulations only after 
a public hearing as per AS 46.14.010 Emission control regulations, 
paragraph (a). In addition, the submission notes that public notice and 
public hearing regulations for SIP submission and air quality discharge 
permits are found at 18 AAC 15.050 and 18 AAC 15.060. Finally, the 
submission also references the SIP-approved Alaska PSD program.
    EPA analysis: The EPA finds that the Alaska SIP, including the 
Alaska rules for major source permitting, contains provisions for 
consulting with government officials as specified in CAA section 121. 
Alaska's PSD program provides opportunity and procedures for public 
comment and notice to appropriate federal, state and local agencies. We 
most recently approved updates to the Alaska PSD program on August 28, 
2017 (82 FR 40712). In addition, we most recently approved the Alaska 
rules that define transportation conformity consultation on September 
8, 2015 (80 FR 53735) and regional haze interagency planning on 
February 14, 2013, (78 FR 10546).
    ADEC routinely coordinates with local governments, states, federal 
land managers and other stakeholders on air quality issues including 
transportation conformity and regional haze, and provides notice to 
appropriate agencies

[[Page 3107]]

related to permitting actions. Alaska regularly participates in 
regional planning processes including the Western Regional Air 
Partnership, which is a voluntary partnership of states, tribes, 
federal land managers, local air agencies and the EPA, whose purpose is 
to understand current and evolving regional air quality issues in the 
West. Therefore, we are proposing to approve the Alaska SIP as meeting 
the requirements of CAA section 110(a)(2)(J) for consultation with 
government officials for the 2012 PM<INF>2.5</INF> NAAQS.
    Section 110(a)(2)(J) also requires the public to be notified if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. ADEC is a partner in 
the EPA's AIRNOW and Enviroflash Air Quality Alert programs, which 
provide air quality information to the public for five major air 
pollutants regulated by the CAA: Ground-level ozone, particulate 
matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide. Alaska 
also provides real-time air monitoring information to the public on the 
ADEC air quality website, in addition to air advisory information. 
During the summer months, the Fairbanks North Star Borough prepares a 
weekly Air Quality forecast for the Fairbanks area on its website. We 
are proposing to approve the Alaska SIP as meeting the requirements of 
CAA section 110(a)(2)(J) for public notification for the 2012 
PM<INF>2.5</INF> NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C of title I of the CAA, we 
have evaluated this requirement in the context of CAA section 
110(a)(2)(C) and permitting. The EPA most recently approved updates to 
Alaska's PSD program on August 28, 2017 (82 FR 40712). As discussed in 
section 110(a)(2)(C), the program meets current federal requirements. 
Therefore, we are proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(J) for PSD for the 2012 
PM<INF>2.5</INF> NAAQS.
    With respect to visibility protection under element (J), the EPA 
recognizes that states are subject to visibility and regional haze 
program requirements under part C of the 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 applicable requirement related to visibility triggered 
under CAA section 110(a)(2)(J) when a new NAAQS becomes effective. 
Based on the analysis above, we are proposing to approve the Alaska SIP 
as meeting the requirements of CAA section 110(a)(2)(J) for the 2012 
PM<INF>2.5</INF> NAAQS.

110(a)(2)(K): Air Quality Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of 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 NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    State submission: The submission states that air quality modeling 
is regulated 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 Federal Standards Adopted by 
Reference. Baseline dates and maximum allowable increases are found in 
Table 2 and Table 3, respectively, at 18 AAC 50.020 Baseline Dates and 
Maximum Allowable Increases.
    EPA analysis: On August 28, 2017, we approved revisions to 18 AAC 
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal 
Standards Adopted by Reference (82 FR 40712). 18 AAC 50.040, at 
paragraph (f), incorporates by reference the EPA regulations at 40 CFR 
part 51, Appendix W Guidelines on Air Quality Models revised as of July 
1, 2015. Therefore, we are proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(K) for the 2012 
PM<INF>2.5</INF> NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) directs SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit.
    State submission: The submission states that ADEC's statutory 
authority to assess and collect permit fees is established in AS 
46.14.240 Permit Administration Fees and AS 46.14.250 Emission Fees. 
The permit fees for stationary sources are assessed and collected by 
the Air Permits Program according to 18 AAC 50, Article 4. ADEC 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).
    EPA analysis: The EPA fully-approved Alaska's title V program on 
July 26, 2001 (66 FR 38940). While Alaska's operating permit program is 
not formally approved into the 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 the EPA 
can grant full title V approval, a state must demonstrate the ability 
to collect adequate fees. The Alaska 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).
    In addition, Alaska SIP-approved regulations at 18 AAC 50.306(d)(2) 
and 18 AAC 50.311(d)(2) require fees for purposes of major new source 
permitting as specified in 18 AAC 50.400 through 18 AAC 50.499. 
Therefore, we are proposing to conclude that Alaska has satisfied the 
requirements of CAA section 110(a)(2)(L) for the 2012 PM<INF>2.5</INF> 
NAAQS.

110(a)(2)(M): Consultation/Participation by Affected Local Entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    State submission: The submission asserts ADEC has 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. The submission refers to AS 46.030.020 
Powers of the department paragraphs (3) and (8) which provide authority 
to ADEC to consult and cooperate with affected state and local 
entities.
    EPA analysis: The EPA finds that the Alaska provisions cited above 
provide for local and regional authorities to participate and consult 
in the SIP development process. Therefore, we are proposing to approve 
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(M) 
for the 2012 PM<INF>2.5</INF> NAAQS.

V. Proposed Action

    We are proposing to approve the Alaska SIP as meeting the following 
CAA section 110(a)(2) infrastructure elements for the 2012 
PM<INF>2.5</INF> NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 
(H), (J), (K), (L), and (M). We are also proposing to approve the 
Alaska SIP as meeting CAA section 110(a)(2)(G) for the 1997, 2006, and 
2012 PM<INF>2.5</INF> NAAQS.

[[Page 3108]]

VI. Statutory and Executive Orders Review

    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> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: January 11, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-01165 Filed 1-22-18; 8:45 am]
 BILLING CODE 6560-50-P


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