Air Plan Approval; AK: Infrastructure Requirements for the 2015 Ozone Standard
| Published date | 15 October 2019 |
| Citation | 84 FR 55094 |
| Record Number | 2019-22327 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 199 (Tuesday, October 15, 2019)
[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55094-55100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22327]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0810, FRL-10001-04-Region 10]
Air Plan Approval; AK: Infrastructure Requirements for the 2015
Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard is promulgated, the Clean Air Act requires states to submit
plans for the implementation, maintenance, and enforcement of such
standard, commonly referred to as infrastructure requirements. On
October 25, 2018, the State of Alaska submitted such a plan for the
ozone standard revised on October 1, 2015. In this action, the
Environmental Protection Agency (EPA) is proposing to approve the
Alaska plan as meeting applicable infrastructure requirements.
DATES: Comments must be received on or before November 14, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0810, 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 electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is 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, (206) 553-6357,
[email protected], or Attn: Kristin Hall (15-H13), Air and Radiation
Division, EPA Region 10, 1200 6th Avenue (Suite 155), Seattle, WA
98101.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it refers 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 Order Review
I. Background
On October 1, 2015, the Environmental Protection Agency (EPA)
revised the existing ozone National Ambient Air Quality Standard
(NAAQS), lowering the level of both the primary and secondary standards
from 0.075 parts per million (ppm) to 0.070 ppm, among other
changes.\1\ The revision triggered the Clean Air Act (CAA) requirement
for states to submit State Implementation Plans (SIPs) addressing basic
infrastructure elements required to implement, maintain, and enforce
the 2015 ozone NAAQS. On October 25, 2018, the Alaska Department of
Environmental Conservation (ADEC) made such a submission.\2\
---------------------------------------------------------------------------
\1\ National Ambient Air Quality Standards for Ozone, Final rule
(October 26, 2015, 80 FR 65292).
\2\ Alaska's October 25, 2018 submission not only addresses
infrastructure requirements, but also requests EPA approval of
regulatory updates and permitting rule revisions. The EPA approved
the regulatory updates and permitting rule revisions in a separate
rulemaking on August 29, 2019 (84 FR 45419).
---------------------------------------------------------------------------
II. Infrastructure Elements
The CAA provides the procedure and timing for infrastructure SIP
submissions and lists the required elements, set forth at sections
110(a)(1) and (2), respectively. The EPA has issued guidance to help
states address these requirements, most recently on September 13, 2013
(2013 Guidance).\3\ The elements and corresponding CAA subsections are
listed below:
---------------------------------------------------------------------------
\3\ 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. The 2013 Guidance is available in the docket for
this action and at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance.
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency episodes.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and
applicable requirements of part D.
[[Page 55095]]
110(a)(2)(J): Consultation with government officials;
public notification; and Prevention of Significant Deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
The 2013 Guidance restated the EPA's 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.\4\ The two
elements are: (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), nor does it address 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.
---------------------------------------------------------------------------
\4\ These schedules are governed by CAA section 172 and the
various pollutant-specific subparts 2 through 5 of part D, title I,
of the CAA.
---------------------------------------------------------------------------
III. EPA Approach To Review of Infrastructure SIP Submissions
Due to ambiguity in some of the language of CAA section 110(a)(2),
the EPA believes that it is appropriate to interpret these provisions
in the specific context of acting on infrastructure SIP submissions.
The EPA has previously provided comprehensive guidance on the
application of these provisions in the 2013 Guidance and through
regional actions on infrastructure submissions.\5\ Unless otherwise
noted below, we are following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, the EPA evaluates the submitting state's
SIP for facial compliance with statutory and regulatory requirements,
not for the state's implementation of its SIP.\6\ The EPA has other
authority to address any issues concerning a state's implementation of
the rules, regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------
\5\ The EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available in the docket for this action and at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance) as well as in numerous agency actions,
including the EPA's prior action on Alaska's infrastructure SIP
submission to address the 2010 nitrogen dioxide and 2010 sulfur
dioxide NAAQS (May 12, 2017, 82 FR 22081). Please see our associated
July 20, 2016, proposed rule for this discussion (81 FR 47103, at
pages 47104 through 47107).
\6\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
---------------------------------------------------------------------------
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):
Article 1 Ambient Air Quality Management (18 AAC 50.005-18
AAC 50.110);
Article 2 Program Administration (18 AAC 50.200-18 AAC
50.260);
Article 3 Major Stationary Source Permits (18 AAC 50.300-
18 AAC 50.390);
Article 4 User Fees (18 AAC 50.400-18 AAC 50.499);
Article 5 Minor Permits (18 AAC 50.502-18 AAC 50.560);
Article 7 Transportation Conformity (18 AAC 50.700-18 AAC
50.750); and
Article 9 General Provisions (18 AAC 50.900-18 AAC
50.990).
EPA analysis: Alaska adopted the 2015 ozone NAAQS into State
regulation, submitted the revision to the EPA, and we approved the
change on August 28, 2017 (82 FR 40712). As a result, Alaska's ambient
air quality standards codified in 18 AAC 50.010 are consistent with the
current 2015 ozone NAAQS. Alaska generally regulates emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOCs)
as precursors to ozone through its SIP-approved stationary source
preconstruction permitting programs, set forth in Articles 3 and 5 of
18 AAC 50, in addition to other regulations approved into the SIP and
described in this section. Stationary source preconstruction permitting
is known as ``new source review'' or ``NSR'' and establishes
requirements based on size and location of sources, among other things.
Major NSR permitting in attainment and unclassifiable areas is called
``prevention of significant deterioration'' or ``PSD'' permitting.
The Alaska PSD permitting program is governed by 18 AAC 50, Article
3, references a suite of regulations approved into the Alaska SIP, and
makes use of certain Federal PSD requirements set forth in the Code of
Federal Regulations (CFR) and incorporated by reference into the Alaska
SIP in 18 AAC 50.040. See 40 CFR 52.96. The EPA most recently approved
updates to the Alaska PSD permitting program on August 29, 2019 (84 FR
45419). The current SIP-approved Alaska PSD permitting program
incorporates by reference specific Federal requirements in 40 CFR
52.21, 40 CFR 51.166, and 40 CFR part 51, appendix W, as of July 1,
2017. The program has been updated for the 2015 ozone NAAQS and
regulates NOX and VOCs as precursors to ozone formation,
consistent with the EPA's implementing regulations at 40 CFR 51.166.
Turning to minor sources, Article 5 of 18 AAC 50 requires pre-
construction permitting for subject new and modified minor stationary
sources. SIP-approved minor NSR programs and revisions to such programs
must be consistent with the EPA's implementing regulations at 40 CFR
51.160 through 51.164. Alaska's minor NSR program was originally
approved into the Alaska SIP on July 5, 1983 (48 FR 30623). We have
approved subsequent revisions, most recently on August 29, 2019 (84 FR
45419).
Alaska has no areas designated nonattainment for the 2015 ozone
NAAQS. We note, however, as highlighted in Section II of this proposal,
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.
In addition to permitting requirements, Alaska's SIP contains rules
that also serve to limit NOX and VOCs. These rules include
incinerator emission standards, emission limits for industrial
processes, and emission limits for fuel burning equipment. Based on the
foregoing, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(A) for the 2015 ozone 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
[[Page 55096]]
ambient air quality monitors, the collection and analysis of ambient
air quality data, and the availability of data 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.
As described in this plan, ambient air quality monitoring data are
verified and 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 ozone.
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 ozone monitoring. Alaska's SIP-approved regulations in
Article 2 of 18 AAC 50 govern source-specific monitoring and emissions
testing for NOX and VOCs in accordance with Federal
reference methods. Alaska regularly assesses the adequacy of the
monitoring network and submits that assessment to the EPA for review.
In practice, Alaska operates an ozone 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 2015 ozone 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 Alaska State Air
Plan, or any permit condition, can result in civil actions (AS
46.03.760), administrative penalties (AS 46.03.761), or criminal
penalties (AS 46.03.790). In addition, the submission references
compliance order and administrative enforcement proceeding provisions
found at 18 AAC Chapter 95. 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 and references the SIP-approved Alaska NSR programs.
EPA analysis: We are proposing to find that the aforementioned
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. AS 46.03.820 Emergency powers affords
ADEC 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 2015 ozone 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 2015 ozone 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, and the EPA most
recently approved updates to the program on August 29, 2019 (84 FR
45419). The current SIP-approved Alaska PSD permitting program
incorporates by reference specific Federal requirements in 40 CFR
52.21, 40 CFR 51.166, and 40 CFR part 51, appendix W, as of July 1,
2017. We note the Alaska SIP includes the recent changes to air quality
model guidelines in 40 CFR part 51, appendix W, promulgated by the EPA
on January 19, 2017 (82 FR 5182). The most recent version of the
appendix W model guidelines is referenced in 18 AAC 50.215 Ambient Air
Quality Analysis Methods, and the rule provision is part of Alaska's
SIP-approved PSD permitting program. See 40 CFR 52.96. The Alaska SIP-
approved PSD permitting program regulates NOX and VOCs as
precursors to ozone, consistent with the EPA's implementing regulations
at 40 CFR 51.166. We are therefore proposing to approve element
110(a)(2)(C) for PSD with respect to the 2015 ozone NAAQS.
Turning to the minor NSR requirement, the EPA originally approved
Alaska's minor NSR program into the SIP on July 5, 1983 (48 FR 30623).
As described previously under CAA section 110(a)(2)(A), we have
approved revisions to Alaska's program as consistent with Federal minor
NSR requirements set forth at 40 CFR 51.160 through 51.164. We have
determined that the program regulates construction of new and modified
minor sources for purposes of the 2015 ozone NAAQS, consistent with the
EPA's implementing regulations at 40 CFR 51.160 through 51.164.
Therefore, we are proposing to approve the Alaska SIP as meeting the
requirements of CAA section 110(a)(2)(C) for the 2015 ozone NAAQS.
110(a)(2)(D)(i): Interstate Transport
CAA section 110(a)(2)(D)(i) is known as the ``good neighbor''
provision and generally requires SIPs to contain adequate provisions to
prohibit in-state emissions activities from having certain adverse air
quality effects on other states due to interstate transport of
pollution. There are four so-called ``prongs'' within CAA section
110(a)(2)(D)(i): Section 110(a)(2)(D)(i)(I) contains prongs 1 and 2,
while section 110(a)(2)(D)(i)(II) includes prongs 3 and 4. This
proposed action addresses prongs 3 and 4 only. We proposed action on
the portion of the submission addressing CAA section
[[Page 55097]]
110(a)(2)(D)(i)(I) prongs 1 and 2 on June 5, 2019 (84 FR 26041).
110(a)(2)(D)(i)(II): Prongs 3 and 4
Prongs 3 and 4 of the good neighbor provision require that a SIP
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) or which will
interfere with any other state's required measures to protect
visibility (prong 4). The EPA believes, as noted in the 2013 Guidance,
that where a state has a SIP-approved PSD program, the state may rely
on such a program to meet prong 3. Likewise, where a state's regional
haze plan has been approved as meeting all current obligations, a state
may rely upon those provisions in support of its demonstration for
prong 4.
Submission: The submission addresses CAA section
110(a)(2)(D)(i)(II) prongs 3 and 4 for the 2015 ozone NAAQS by
referencing the Alaska SIP-approved PSD and regional haze programs,
respectively.
EPA analysis: For purposes of CAA section 110(a)(2)(D)(i)(II)
prongs 3 and 4, the EPA believes, as noted in the 2013 Guidance, that
where a state has a SIP-approved PSD program, the state may rely on
such a program to meet prong 3. Likewise, where a state's regional haze
plan has been approved as meeting all current obligations, a state may
rely upon those provisions in support of its demonstration for prong 4.
As stated in the analysis for element CAA section 110(a)(2)(C) in
this proposal, the Alaska SIP-approved PSD permitting program regulates
NOX and VOCs as precursors to ozone, consistent with the
EPA's implementing regulations at 40 CFR 51.166. Therefore, we are
proposing to approve the Alaska SIP as meeting CAA section
110(a)(2)(D)(i)(II) as it applies to PSD for the 2015 ozone NAAQS
(prong 3). In addition, Alaska has a SIP-approved regional haze plan,
approved by the EPA on February 14, 2013 (78 FR 10546). Because the
regional haze plan was found to meet Federal requirements, we are
proposing to approve the Alaska SIP as meeting CAA section
110(a)(2)(D)(i)(II) as it applies to visibility for the 2015 ozone
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 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 2015 ozone 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 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), the submission states
that 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. The submission
certifies 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 publicly 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 local jurisdictions to ensure that the
State Air Quality Control Plan and SIP objectives are satisfactorily
carried out. ADEC has formal agreements with local entities to control
emissions and improve air quality in specific localities.
EPA analysis: With respect to CAA section 110(a)(2)(E)(i) adequate
personnel, funding, and authority, AS 46.03.020 Powers of the
department gives ADEC authority to adopt regulations providing for
control, prevention and abatement of air pollution. 18 AAC 50.030 State
Air Quality Control Plan authorizes ADEC to implement air pollution
regulations across the State. ADEC receives CAA sections 103 and 105
grant funds from the EPA and provides matching funds necessary to staff
and carry out SIP requirements. Alaska statutes AS 46.14.240 and 250
establish departmental authority to assess permit and emission fees,
respectively. Subject sources must pay fees to ADEC for purposes of
major new source review permitting in accordance with 18 AAC 50,
Articles 3 and 4. In addition, although not formally approved into the
SIP, Alaska's title V operating permit
[[Page 55098]]
program is a legal mechanism the State can use to ensure ADEC has
sufficient personnel and resources to support the air program,
consistent with the requirements of the SIP. Please see our analysis
under the CAA section 110(a)(2)(L) element.
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). This prior approval action fully satisfies the
state board requirements of CAA section 110(a)(2)(E)(ii).
Finally, with respect to CAA section 110(a)(2)(E)(iii), AS
46.14.400 makes clear 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. According to statute, ADEC enters
into cooperative agreements with local entities to implement specific
air quality control requirements. ADEC has done so with the
Municipality of Anchorage and the Fairbanks North Star Borough. The
State retains authority and oversight of local entities as specified in
AS 46.14.400 and may terminate an inadequate local program in
accordance with AS 46.14.401. Therefore, we are proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(E)
for the 2015 ozone 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 that 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 ozone. 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 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 2015 ozone 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: The submission 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
50.245, authorizing ADEC to declare an air alert, air warning, or air
advisory to notify the public and prescribe and publicize curtailment
action, consistent with the EPA's emergency episode regulations at 40
CFR 51.150 through 51.153, for purposes of the 2015 ozone NAAQS.
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 50.245, most recently approved by the EPA on
September 8, 2017 (82 FR 40712), is consistent with the requirements of
40 CFR 51.150 through 51.153 for ozone. Therefore, we are proposing to
approve the Alaska SIP as meeting the requirements of CAA section
110(a)(2)(G) for the 2015 ozone 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 to implement the CAA and the State air quality
control program at AS 46.03.020(10)(A) Powers of the
[[Page 55099]]
department and AS 46.14.010(a) Emission control regulations.
EPA analysis: The Alaska SIP provides for revisions as cited in the
submission, and in practice, Alaska regularly submits SIP revisions to
the EPA to account for changes to the NAAQS and other requirements. We
most recently approved revisions to the Alaska SIP on August 29, 2019
(84 FR 45419), 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 therefore proposing to approve
the Alaska SIP as meeting the requirements of CAA section 110(a)(2)(H)
for the 2015 ozone 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 major NSR program, contains provisions for consulting with
government officials as specified in CAA section 121. Alaska's SIP-
approved PSD program provides opportunity and procedures for public
comment and notice to appropriate Federal, State and local agencies. We
recently approved updates to the SIP-approved PSD program on August 29,
2019 (84 FR 45419). In addition, we approved significant updates to 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 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 2015 ozone 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. We
are proposing to approve the Alaska SIP as meeting the requirements of
CAA section 110(a)(2)(J) for public notification for the 2015 ozone
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. Alaska has a SIP-approved PSD program, and
the EPA most recently approved updates to the program on August 29,
2019 (84 FR 45419). As described is this proposal as part of the
analysis section for element CAA section 110(a)(2)(C), the Alaska SIP-
approved PSD permitting program regulates NOX and VOCs as
precursors to ozone, consistent with the EPA's implementing regulations
at 40 CFR 51.166. Therefore, we are proposing to approve the Alaska SIP
as meeting the requirements of CAA section 110(a)(2)(J) for PSD for the
2015 ozone 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.
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 29, 2019 we approved revisions to 18 AAC
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal
Standards Adopted by Reference (84 FR 45419). 18 AAC 50.040, at
paragraph (f), adopts by reference the EPA regulations at 40 CFR part
51, appendix W, Guidelines on Air
[[Page 55100]]
Quality Models revised as of July 1, 2017. The Alaska SIP incorporates
the EPA's revisions and additions to appendix W promulgated on January
17, 2017 (82 FR 5182). Therefore, we are proposing to approve the
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(K) for
the 2015 ozone 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, Article 4. Therefore, we are
proposing to conclude that Alaska has satisfied the requirements of CAA
section 110(a)(2)(L) for the 2015 ozone 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 states that 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 2015 ozone 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 2015 ozone NAAQS:
(A), (B), (C), (D)(i)(I), (D)(ii), (E), (F), (H), (J), (K), (L), and
(M).
VI. Statutory and Executive Order 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:
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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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
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: September 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-22327 Filed 10-11-19; 8:45 am]
BILLING CODE 6560-50-P
