
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Proposed Rules]
[Pages 24914-24923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0040; FRL-9963-13-Region 10]


Air Plan Approval; Alaska: Infrastructure Requirements for the 
2008 Lead National Ambient Air Quality Standards

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, each state must submit a plan for the 
implementation, maintenance and enforcement of such standard, commonly 
referred to as infrastructure requirements. On July 9, 2012, Alaska 
submitted a plan to address the infrastructure requirements for the 
lead (Pb) NAAQS promulgated on October 15, 2008. The Environmental 
Protection Agency (EPA) is proposing to approve the plan as meeting 
Clean Air Act (CAA) requirements.

DATES: Comments must be received on or before June 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0040, 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 whose disclosure 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

[[Page 24915]]

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://www2.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: hall.kristin@epa.gov.

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 Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review

I. Background

    On October 15, 2008, the EPA revised the level of the primary and 
secondary Pb standards to 0.15 micrograms per cubic meter ([micro]/
m\3\) (73 FR 66964). The CAA requires that states submit SIPs meeting 
the requirements of CAA sections 110(a)(1) and (2) within three years 
after promulgation of a new or revised standard. CAA sections 110(a)(1) 
and (2) require states to address basic SIP elements, including 
emissions inventories, monitoring, and modeling to assure attainment 
and maintenance of the standards, so-called infrastructure 
requirements. To help states, on October 14, 2011, the EPA issued 
guidance to address the infrastructure requirements for the 2008 Pb 
NAAQS (2011 Guidance).\1\ In addition, the EPA issued general 
infrastructure guidance for multiple NAAQS (2013 Guidance).\2\ As noted 
in these guidance documents, to the extent an existing SIP already 
meets the CAA section 110(a)(2) requirements, states may certify that 
fact via a letter to the EPA.
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    \1\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements Required Under Sections 110(a)(1) and (2) for 
the 2008 Lead (Pb) National Ambient Air Quality Standards.'' 
Memorandum to EPA Air Division Directors, Regions I-X, October 14, 
2011.
    \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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    On July 9, 2012, the Alaska Department of Environmental 
Conservation (ADEC) submitted to the EPA a certification that Alaska's 
SIP meets the infrastructure requirements for the 2008 Pb NAAQS and a 
number of other NAAQS.\3\ We note that this action only addresses 
infrastructure requirements for the 2008 Pb NAAQS and does not address 
certain interstate transport requirements for the 2008 Pb NAAQS which 
we previously approved on August 4, 2014 (79 FR 45103).
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    \3\ The July 9, 2012, submission also addressed infrastructure 
requirements for the 1997 and 2006 PM2.5 and 1997 and 
2008 ozone NAAQS--which we approved in a series of actions on 
October 15, 2008 (73 FR 60955), October 22, 2012 (77 FR 64425), 
August 4, 2014 (79 FR 45103), and November 10, 2014 (79 FR 66651).
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II. Infrastructure Elements

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. CAA section 110(a)(2) lists specific elements that states 
must meet for infrastructure SIP requirements related to a newly 
established or revised NAAQS. These requirements include elements such 
as modeling, monitoring, and emission limits that are designed to 
implement, maintain and enforce the NAAQS. The requirements, with their 
corresponding CAA subsection, are listed below:
     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 power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and 
applicable requirements of part D.
     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 EPA's guidance document clarified that two elements identified 
in CAA section 110(a)(2) are not governed by the three-year submission 
deadline of CAA section 110(a)(1) because SIPs incorporating necessary 
local nonattainment area controls are not due within three years after 
promulgation of a new or revised NAAQS, but rather, are due at the time 
the nonattainment area plan requirements are due pursuant to CAA 
section 172 and the various pollutant specific subparts 2-5 of part D. 
These requirements are: (i) Submissions required by 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) submissions 
required by CAA section 110(a)(2)(I) which pertain to the nonattainment 
planning requirements of part D, title I of the CAA. As a result, this 
action does not address infrastructure elements related to CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) nor 
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA 
section 110(a)(2)(J) provision on visibility as not being 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 taking action on the July 9, 2012 infrastructure 
submission from Alaska for purposes of the 2008 Pb NAAQS. We previously 
approved the same submission as meeting infrastructure requirements for 
fine particulate matter and ozone standards (November 10, 2014, 79 FR 
66651). In the preamble of our action, we published a discussion of the 
EPA's approach to review of these submissions. Please see our July 16, 
2014 proposed rule for the detailed discussion (79 FR 41496, at page 
41498).

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 laws set forth at Alaska 
Statutes (AS) Chapters 46.03 Environmental Conservation and 46.14 Air 
Quality Control, and regulations set forth at 18 AAC 50 Alaska 
Administrative Code Title 18 Environmental Conservation,

[[Page 24916]]

Chapter 50 Air Quality Control (18 AAC 50). Relevant regulations are 
listed below:
     18 AAC 50.010: Ambient Air Quality Standards.
     18 AAC 50.015: Air Quality Designations, Classifications, 
and Control Regions.
     18 AAC 50.040: Federal Standards Adopted by Reference.
     18 AAC 50.055: Industrial Processes and Fuel Burning 
Equipment.
     18 AAC 50.302: Construction Permits.
     18 AAC 50.306: Prevention of Significant Deterioration 
Permits.
     18 AAC 50.345: Construction and Operating Permits: 
Standard Permit Conditions.
     18 AAC 50.502: Minor Permits for Air Quality Protection.
     18 AAC 50.508: Minor Permits Requested by the Owner or 
Operator.
     18 AAC 50.540: Minor Permit Application.
     18 AAC 50.542: Minor Permit Review and Issuance.
    EPA analysis: On September 19, 2014, the EPA approved numerous 
revisions to the Alaska SIP, including updates to 18 AAC 50.010 Ambient 
Air Quality Standards to reflect revisions to the NAAQS, including the 
2008 Pb NAAQS (79 FR 56268). Alaska generally regulates emissions of Pb 
through its SIP-approved major and minor new source review (NSR) 
permitting programs. There are no designated nonattainment areas in 
Alaska for the 2008 Pb NAAQS. However, 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 permitting rules on May 19, 2016 (81 FR 
31511). 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 9, 2013.
    Alaska regulates minor stationary sources of Pb through its 
federally-approved minor NSR permitting program. Alaska's minor NSR 
permitting 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 throughout the years. The EPA most 
recently approved substantive revisions to the Alaska minor NSR program 
on September 19, 2014 (79 FR 56268), and minor clarifications on May 
19, 2014 (81 FR 31511). In addition, we note that Alaska's SIP contains 
rules that regulate industrial sources of pollutants, including 
incinerator emission standards and emission limits for specific 
industrial processes and 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 2008 Pb NAAQS.
    In this action, we are not proposing to approve or disapprove any 
existing Alaska provisions with respect to excess emissions during 
startup, shutdown, or malfunction (SSM) of operations at a facility. 
The EPA believes that a number of states may have SSM provisions that 
are contrary to the CAA and existing EPA guidance and the EPA is 
addressing such state regulations in a separate action. See ``State 
Implementation Plans: Response to Petition for Rulemaking; Restatement 
and Update of EPA's SSM Policy Applicable to SIPs; Findings of 
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown and Malfunction: 
Final Rule.'' (June 12, 2015, 80 FR 33840) (SSM SIP Call). The EPA 
determined that certain SIP provisions in 36 states (applicable in 45 
statewide and local jurisdictions), including Alaska, were 
substantially inadequate to meet CAA requirements, and thus issued a 
SIP call for each of those 36 states. The SIP call also embodies the 
EPA's updated SSM Policy as it applies to SIP provisions and provides 
guidance to states for compliance with CAA requirements for SIP 
provisions applicable to excess emissions during SSM events. Alaska 
submitted a SIP revision on January 9, 2017 in response to the SIP 
Call. We intend to address the January 9, 2017 submission in a separate 
action.
    In addition, we are not proposing to approve or disapprove any 
existing Alaska rules with respect to director's discretion or variance 
provisions. Some states may have such provisions that are contrary to 
the CAA and existing EPA guidance and the EPA is addressing such 
regulations in a separate action via the SSM SIP Call (June 12, 2015, 
80 FR 33840). We encourage any state having a director's discretion or 
variance provision that is contrary to the CAA and EPA guidance to take 
steps to correct the deficiency as soon as possible.

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

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for 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. 
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 as amended through February 23, 2010. This document is adopted 
by reference into the State Air Quality Control Plan at 18 AAC 
50.030(4). ADEC states that the manual includes the appropriate, 
federally-referenced ambient air quality monitoring and analysis 
procedures and data quality objectives. 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 18 AAC 50.035 Documents, Procedures, 
and Methods Adopted by Reference which include the most current, 
federal reference and interpretation methods for Pb. These methods are 
used by ADEC in ambient air quality monitoring program to determine 
compliance with the standards.
    EPA analysis: A comprehensive air quality monitoring plan, intended 
to meet the requirements of 40 CFR part 58 was submitted by Alaska on 
January 18, 1980 and approved by the EPA on April 15, 1981 (40 CFR 
52.70). This monitoring plan has been updated and revised over time. 
The EPA most recently reviewed Alaska's 2015

[[Page 24917]]

monitoring plan \4\ on October 28, 2015.\5\ Alaska's 2015 plan 
references the source-oriented ambient air monitoring for Pb that was 
conducted at the Red Dog Mine, located in a remote part of the 
Northwest Arctic Borough. In 2016, the state requested a waiver from 
source-oriented monitoring requirements at the mine based on dispersion 
modeling, the results of which demonstrated that the source will not 
contribute to a maximum lead concentration in ambient air in excess of 
50 percent of the Pb NAAQS. The EPA granted the waiver request on 
August 11, 2016.\6\
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    \4\ 2015 Alaska Ambient Air Monitoring Network Plan.
    \5\ 2015 Ambient Air Monitoring Network Plan Approval Letter, 
October 28, 2015.
    \6\ Red Dog Mine Monitoring Waiver Letter, August 11, 2016.
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    We find that the Alaska Pb monitoring network meets the 
requirements of 40 CFR part 58 and we are therefore proposing to 
approve the Alaska SIP as meeting CAA section 110(a)(2)(B) for the 2008 
Pb NAAQS. We note that the waiver must be renewed once every five years 
as part of the network assessment required under 40 CFR 58.10(d). If 
site conditions have changed such that the previous modeling is no 
longer appropriate, ADEC must update the modeling based on current 
conditions. See 40 CFR part 58, Appendix D, Section 4.5(a)(ii).

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: The submission references ADEC's statutory 
authority to regulate stationary sources via an air permitting program 
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 approved by the EPA on August 14, 2007 (72 FR 45378). The 
submission references the following regulations:
     18 AAC 50.045: Prohibitions.
     18 AAC 50.302: Construction Permits.
     18 AAC 50.306: Prevention of Significant Deterioration 
Permits.
     18 AAC 50.345: Construction and Operating Permits: 
Standard Permit Conditions.
     18 AAC 50.508: Minor Permits Requested by the Owner or 
Operator.
     18 AAC 50.540: Minor Permit: Application.
     18 AAC 50.542: Minor Permit Review and Issuance.
     18 AAC 50.542(c): Screening Ambient Air Quality Analysis.
    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 criminal 
penalties (AS 46.03.790 Criminal penalties). In addition, the 
submission refers to regulations pertaining to compliance orders and 
enforcement proceedings found at 18 AAC Chapter 95 Administrative 
Enforcement. AS 46.03.820 Emergency Powers provides ADEC with emergency 
order authority where there is an imminent and present danger to health 
or welfare.
    EPA analysis: With respect to the requirement to have a program 
providing for enforcement of all SIP measures, 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 2008 Pb NAAQS.
    To generally meet the requirements of CAA section 110(a)(2)(C) with 
respect to the 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 2008 Pb 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.
    Alaska's major NSR permitting rules in 18 AAC Chapter 50, Article 3 
for attainment and unclassifiable areas, generally relies 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 permitting program on May 19, 2016 (81 FR 
31511). The current Alaska SIP-approved PSD permitting program 
incorporates by reference specific regulations at 40 CFR 52.21 and 40 
CFR 51.166 as of December 9, 2013. We are proposing to approve the 
Alaska SIP as meeting the requirements of CAA section 110(a)(2)(C) with 
respect to PSD for the 2008 Pb NAAQS.
    With respect to CAA section 110(a)(2)(C) and (J), the EPA 
interprets the CAA to require each state to make an infrastructure SIP 
submission for a new or revised NAAQS that demonstrates the state has a 
complete PSD permitting program meeting the current requirements for 
all regulated NSR pollutants. The requirements of CAA section 
110(a)(2)(D)(i)(II) may also be satisfied by demonstrating the state 
has a complete PSD permitting program correctly addressing all 
regulated NSR pollutants. Alaska has shown that it currently has a PSD 
program in place that covers all regulated NSR pollutants, including 
greenhouse gas (GHG) emissions. We are proposing to approve the Alaska 
SIP as meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II) 
and (J) with respect to PSD.
    We note that on January 4, 2013, the U.S. Court of Appeals in the 
District of Columbia, in Natural Resources Defense Council v. EPA, 706 
F.3d 428 (D.C. Cir.), issued a judgment that remanded two of the EPA's 
rules implementing the 1997 PM2.5 NAAQS, including the 
``Implementation of New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5),'' (May 16, 2008, 
73 FR 28321) (2008 PM2.5 NSR Implementation Rule). The court 
ordered the EPA to ``repromulgate these rules pursuant to Subpart 4 
consistent with this opinion.'' Id. at 437. Subpart 4 of part D, title 
I of the CAA establishes additional provisions for particulate matter 
nonattainment areas. The 2008 PM2.5 NSR Implementation Rule 
addressed by the court's decision promulgated NSR requirements for 
implementation of PM2.5 in both nonattainment areas 
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the 
requirements of subpart 4 only pertain to nonattainment areas, the EPA 
does not consider the portions of the 2008 PM2.5 NSR 
Implementation Rule that address requirements for PM2.5 
attainment and unclassifiable areas to be affected by the court's 
opinion. Moreover, the EPA does not anticipate the need to revise any 
PSD requirements promulgated in the 2008 PM2.5 NSR 
Implementation Rule in

[[Page 24918]]

order to comply with the court's decision.
    To address the court's remand, the EPA promulgated a final rule for 
the ``Fine Particulate Matter National Ambient Air Quality Standards: 
State Implementation Plan Requirements'' on August 24, 2016 (81 FR 
58011). This rule sets requirements for major stationary sources in 
PM2.5 nonattainment areas. The EPA interprets the CAA 
section 110(a)(1) and (2) infrastructure submissions due three years 
after adoption or revision of a NAAQS to exclude nonattainment area 
requirements, including requirements associated with a nonattainment 
NSR program. Instead, these elements are typically referred to as 
nonattainment SIP or attainment plan elements, which are due by the 
dates statutorily prescribed under subparts 2 through 5 under part D, 
extending as far as ten years following designations for some elements. 
Accordingly, our proposed approval of elements 110(a)(2)(C), 
(D)(i)(II), and (J), with respect to the PSD requirements, does not 
conflict with the court's opinion.
    In addition, on January 22, 2013, the U.S. Court of Appeals for the 
District of Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 
2013), issued a judgment that, among other things, vacated the 
provisions adding the PM2.5 Significant Monitoring 
Concentration (SMC) to the federal regulations, at 40 CFR 
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), that were promulgated as part 
of the ``Prevention of Significant Deterioration (PSD) for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)--Increments, 
Significant Impact Levels (SILs) and Significant Monitoring 
Concentration (SMC); Final Rule,'' (October 10, 2010, 75 FR 64864) 
(2010 PSD PM2.5 Implementation Rule). In its decision, the 
court held that the EPA did not have the authority to use SMCs to 
exempt permit applicants from the statutory requirement in section 
165(e)(2) of the CAA that ambient monitoring data for PM2.5 
be included in all PSD permit applications. Thus, although the 
PM2.5 SMC was not a required element of a state's PSD 
program, were a state PSD program that contains such a provision to use 
that provision to issue new permits without requiring ambient 
PM2.5 monitoring data, such application of the vacated SMC 
would be inconsistent with the court's opinion and the requirements of 
section 165(e)(2) of the CAA.
    This decision also, at the EPA's request, vacated and remanded to 
the EPA for further consideration the portions of the 2010 PSD 
PM2.5 Implementation Rule that revised 40 CFR 51.166 and 40 
CFR 52.21 related to Significant Impact Levels (SILs) for 
PM2.5. The EPA requested this vacatur and remand of two of 
the three provisions in the EPA regulations that contain SILs for 
PM2.5, because the wording of these two SIL provisions (40 
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with the 
explanation of when and how SILs should be used by permitting 
authorities that we provided in the preamble to the Federal Register 
publication when we promulgated these provisions. The third SIL 
provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect. 
The court's decision does not affect the PSD increments for 
PM2.5 promulgated as part of the 2010 PSD PM2.5 
Implementation Rule.
    The EPA amended its regulations to remove the vacated 
PM2.5 SILs and SMC provisions from PSD regulations on 
December 9, 2013 (78 FR 73698). On May 19, 2016, we approved revisions 
to the Alaska SIP as being consistent with the court decision and 
revised EPA regulations (81 FR 31511).
    The EPA has also promulgated revisions to federal PSD requirements 
for greenhouse gas (GHG) emissions, in response to a court remand and 
vacatur. Specifically, on June 23, 2014, the United States Supreme 
Court, in Utility Air Regulatory Group (UARG) v. EPA,\7\ issued a 
decision that said the EPA may not treat GHGs as air pollutants for 
purposes of determining whether a source is a major source (or 
modification thereof) required to obtain a PSD permit. The Court also 
said the EPA could continue to require that PSD permits otherwise 
required based on emissions of pollutants other than GHGs contain 
limits on GHG emissions based on the application of Best Available 
Control Technology (BACT).
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    \7\ 134 S.Ct. 2427 (2014).
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    In response to the UARG decision, and the subsequent Amended 
Judgment issued by the D.C. Circuit (Amended Judgment),\8\ the EPA 
revised the federal PSD rules to allow for the rescission of PSD 
permits that are no longer required under these decisions, (May 7, 
2015, 80 FR 26183), and to remove the regulatory provisions that were 
specifically vacated by the Amended Judgment, (August 19, 2015, 80 FR 
50199) (removing 40 CFR 51.166(b)(48)(v), 52.21(b)(49)(v), 52.22, 
70.12, and 71.13). In addition, the EPA proposed to revise provisions 
in the PSD permitting regulations applicable to GHGs to fully conform 
with UARG and the Amended Judgment, but those revisions have not been 
finalized (Oct. 3, 2016, 81 FR 68110).
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    \8\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322, 
10-073, 10-1092, and 10-1167 (April 15, 2015).
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    The EPA anticipates that many states will revise their existing 
SIP-approved PSD programs in light of the Supreme Court's decision and 
the EPA's changes to federal PSD rules in response to the decision. At 
this juncture, the EPA is not expecting states to have revised their 
PSD programs for purposes of infrastructure SIP submissions and is only 
evaluating such submissions to assure that the state's program 
correctly addresses GHGs consistent with the Supreme Court's decision.
    At present, the EPA has determined the Alaska SIP is sufficient to 
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) with respect to 
GHGs because the PSD permitting program previously-approved by the EPA 
into the SIP continues to require that PSD permits (otherwise required 
based on emissions of pollutants other than GHGs) contain limitations 
on GHG emissions based on the application of BACT. Although the 
approved Alaska PSD permitting program may currently contain provisions 
that are no longer necessary in light of the Supreme Court decision, 
this does not render the infrastructure SIP submission inadequate to 
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) for purposes of 
the 2008 Pb NAAQS.
    The SIP contains the necessary PSD requirements at this time, and 
the application of those requirements is not impeded by the presence of 
other previously-approved provisions regarding the permitting of 
sources of GHGs that the EPA does not consider necessary at this time 
in light of the Supreme Court decision. Accordingly, the Supreme Court 
decision does not affect our proposed approval of the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II) and 
(J) as those elements relate to a comprehensive PSD program. In this 
action we are proposing to approve the Alaska SIP as meeting the 
requirements of CAA section 110(a)(2)(C), (D)(i)(II) and (J) as those 
elements relate to a comprehensive PSD program.
    Turning to the minor NSR requirement, Alaska regulates minor 
stationary sources of Pb through its federally-approved minor NSR 
permitting program. Alaska's program was originally approved into the 
SIP on July 5, 1983, and the state has made updates and revisions to 
the program throughout the years. The EPA most recently approved 
substantive revisions to the Alaska minor NSR program on September 19, 
2014 (79 FR 56268). Based on the foregoing, we are proposing to approve 
the Alaska SIP as

[[Page 24919]]

meeting the requirements of CAA section 110(a)(2)(C) for the 2008 Pb 
NAAQS.

110(a)(2)(D): 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)). As noted above, this action also does not address 
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 Pb 
NAAQS which we previously approved on August 4, 2014 (79 FR 45103).
    State submission: 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).
    To address whether emissions from sources in Alaska interfere with 
any other state's required measures to prevent significant 
deterioration of air quality, the submission references the Alaska 
federally-approved PSD program. The EPA most recently approved 
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). The 
Alaska SIP incorporates by reference federal PSD requirements as of 
December 9, 2013. We believe that our proposed approval of element 
110(a)(2)(D)(i)(II) is not affected by recent court vacaturs of federal 
PSD implementing regulations. Please see our discussion at section 
110(a)(2)(C). Therefore, we are 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 2008 Pb 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, which was submitted 
to the EPA on March 29, 2011. The Alaska Regional Haze SIP addresses 
visibility impacts across states within the region. On February 14, 
2013, the EPA approved the Alaska Regional Haze SIP, including the 
requirements for best available retrofit technology (78 FR 10546).
    The EPA believes, as noted in the 2013 Guidance, that with respect 
to the CAA section 110(a)(2)(D)(i)(II) visibility sub-element, 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 that it satisfies the requirements of CAA section 
110(a)(2)(D)(i)(II) as it relates to visibility. 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 2008 Pb 
NAAQS (prong 4).

Interstate and International Transport Provisions

    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
insuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). Specifically, CAA section 126(a) requires new or modified 
major sources to notify neighboring states of potential impacts from 
the source.
    State submission: The submission references Alaska's federally-
approved PSD program. The submission also references SIP revisions 
submitted by ADEC to update the Alaska PSD program.
    EPA analysis: 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. As noted above, the 
EPA most recently approved revisions to Alaska's PSD permitting program 
on May 19, 2016 (81 FR 31511). The current Alaska SIP-approved PSD 
permitting program incorporates by reference specific regulations at 40 
CFR 52.21 and 40 CFR 51.166 as of December 9, 2013. At 18 AAC 
50.306(b), Alaska's federally-approved SIP 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 the requirements of the EPA PSD program. Alaska also 
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 2008 Pb 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 states 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), 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. 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 by March 
15th of each year with the Alaska Public Offices Commission (APOC). 
These disclosures are publically available through APOC's Anchorage 
office. Alaska's Public

[[Page 24920]]

Officials Financial Disclosure Forms and links to Alaska's financial 
disclosure regulations can be found at the APOC Web site: http://doa.alaska.gov/apoc/.
    With respect to CAA section 110(a)(2)(E)(iii) and assurances that 
the state has responsibility for adequate implementation of the plan 
where the state has relied on local or regional government agencies, 
the submission states that ADEC ensures local programs have adequate 
resources and documents this in the appropriate SIP section. Statutory 
authority for establishing local air pollution control programs is 
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 (MOA), 
Fairbanks North Star Borough (FNSB) 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 MOA and FNSB that allows them to operate air quality control 
programs in their respective jurisdictions. The South Central Clean Air 
Authority has been established to aid the MOA 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. In addition, 
ADEC indicates the department works closely with local agencies on 
nonattainment plans.
    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 state 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, the EPA is 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 with 
regards to the 2008 Pb NAAQS 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 
2008 Pb 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 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 and ambient air quality investigations. ADEC has adopted by 
reference the federal reference and interpretation methods for Pb into 
the Alaska SIP. 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.
    The submission refers to the following statutory and regulatory 
provisions providing authority and requirements for source emissions 
monitoring, reporting, and correlation with emission limits or 
standards:
     AS 46.14.140: Emission control permit program regulations.
     AS 46.14.180: Monitoring.
     18 AAC 50.035: Documents, Procedures, and Methods Adopted 
by Reference.
     18 AAC 50.040: Federal Standards Adopted by Reference.
     18 AAC 50.200: Information Requests.
     18 AAC 50.201: Ambient Air Quality Investigation.
     18 AAC 50.220: Enforceable test methods.
     18 AAC 50.306: Prevention of Significant Deterioration 
Permits.
     18 AAC 50.345: Construction and Operating Permits: 
Standard Permit Conditions.
    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 an information request 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 period 
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. The EPA published 
the Air Emissions Reporting Rule (AERR) on December 5, 2008, which 
modified the requirements for collecting and reporting air emissions 
data (73 FR 76539). The AERR shortened the time states had to report 
emissions data from 17 to 12 months, giving states one calendar year to 
submit 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. States report 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. Many states also voluntarily report 
emissions of hazardous air pollutants. The EPA compiles the emissions 
data, supplementing it where necessary, and releases it to the general 
public through the Web site 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 2008 Pb 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

[[Page 24921]]

implement the emergency episode provisions in their SIPs.
    State submission: The submission cites 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 also refers to 18 AAC 50.245 Air Episodes and Advisories 
which authorizes ADEC to declare an air alert, air warning, or air 
advisory to notify the public and prescribe and publicize curtailment 
action.
    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.
    The EPA's regulations for emergency episodes are in 40 CFR part 51 
subpart H. The regulations prescribe the requirements for emergency 
episode plans based on classification of regions in a state for a 
subset of the criteria pollutants. As indicated in our 2011 Guidance, 
we note that 40 CFR part 51 subpart H does not apply to Pb. Based on 
the EPA's experience to date with the Pb NAAQS and designating Pb 
nonattainment areas, we expect that an emergency episode associated 
with Pb emissions would be unlikely and, if it were to occur, would be 
the result of a malfunction or other emergency situation at a 
relatively large source of Pb. The EPA believes that AS 46.03.820 
Emergency Powers provides adequate authority to address an emergency 
situation at a large source of Pb. 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 2008 Pb NAAQS.

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

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
such plan (i) from time to time as may be necessary to take account of 
revisions of such national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining such standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds on the basis of 
information available to the Administrator 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. The submission also 
refers to regulatory authority to implement provisions of the CAA at 18 
AAC 50.010 Ambient Air Quality Standards. The submission affirms that 
ADEC regularly updates the Alaska SIP as new NAAQS are promulgated by 
the EPA.
    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 revisions to the NAAQS and other federal 
regulatory changes. We have approved many revisions to the Alaska SIP, 
most recently on May 19, 2016 (81 FR 31511), March 18, 2015 (80 FR 
14038), September 19, 2014 (79 FR 56268), August 9, 2013 (78 FR 48611), 
May 9, 2013 (78 FR 27071) and January 7, 2013 (78 FR 900). Therefore, 
we are proposing to approve the Alaska SIP as meeting the requirements 
of section 110(a)(2)(H) for the 2008 Pb 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 not due within three years after 
promulgation of a new or revised NAAQS, but are rather due at the time 
of the nonattainment area plan requirements pursuant to section 172 and 
the various pollutant specific subparts 2--5 of part D. These 
requirements are: (i) submissions required by 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) submissions required by CAA 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. As a result, this action 
does not address infrastructure elements related to 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 carrying 
out 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 programs 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, per AS 46.14.010 Emission control regulations, 
paragraph (a). In addition, the submission states that public notice 
and public hearing regulations for SIP submissions 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 and Regional Haze SIP.
    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 revisions to the Alaska PSD program on May 19, 
2016 (81 FR 31511). In addition, we most recently approved the Alaska 
rules that define transportation conformity consultation on September 
8, 2015 (80 FR 53735). On February 14, 2013, we approved the Alaska 
Regional Haze SIP (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 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 formed to evaluate 
current and evolving regional air quality issues

[[Page 24922]]

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 2008 Pb NAAQS.
    Section 110(a)(2)(J) also requires the public 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 Web site at http://dec.alaska.gov/ 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. The 
forecast is found at http://co.fairbanks.ak.us/airquality/.
    While we note that Pb is not part of the EPA air quality alert 
programs, the Alaska SIP provides general authority at 18 AAC 50.245 
Air Episodes and Advisories for notifying the public when air quality 
is degrading. We are therefore proposing to approve the Alaska SIP as 
meeting the requirements of CAA section 110(a)(2)(J) for public 
notification for the 2008 Pb 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) with respect to permitting. The EPA most recently approved 
revisions to Alaska's PSD program on May 19, 2016 (81 FR 31511). We are 
proposing to approve the Alaska SIP as meeting the requirements of CAA 
section 110(a)(2)(J) for PSD for the 2008 Pb NAAQS. We note that our 
proposed approval of element 110(a)(2)(J) with respect to PSD is not 
affected by recent court vacaturs of the EPA's PSD implementing 
regulations. Please see our discussion regarding section 110(a)(2)(C).
    With respect to the applicable requirements for visibility 
protection, 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 2008 Pb NAAQS.

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

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of such 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 national ambient air quality standard, 
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 May 19, 2016, we approved revisions to 18 AAC 
50.215 Ambient Air Quality Analysis Methods and 18 AAC 50.040 Federal 
Standards Adopted by Reference (81 FR 31511). 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, 2013. In addition, as an example of Alaska's modeling capacity, 
Alaska submitted the Fairbanks Carbon Monoxide Maintenance Plan to the 
EPA on June 21, 2004, supported by air quality modeling. The 
maintenance plan and supporting modeling was approved by the EPA as a 
SIP revision on July 27, 2004 (69 FR 44605). Therefore, we are 
proposing to approve the Alaska SIP as meeting the requirements of CAA 
section 110(a)(2)(K) for the 2008 Pb NAAQS.

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

    CAA section 110(a)(2)(L) requires 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) with an effective data of September 24, 
2001. 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 
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's SIP requires fees for purposes of new source 
permitting. See 18 AAC 50.306(d)(2), 18 AAC 50.311(d)(2), 18 AAC 
50.544(a)(2), and 18 AAC 50.400. Therefore, we are proposing to 
conclude that Alaska has satisfied the requirements of CAA section 
110(a)(2)(L) for the 2008 Pb 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 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. In addition, AS 46.14.400 Local air quality control 
programs, paragraph (d), provides authority for local air quality 
control programs and requires cooperative agreements between ADEC and 
local air quality control programs that specify the respective duties, 
funding, enforcement responsibilities, and procedures.

[[Page 24923]]

    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 2008 Pb 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 2008 Pb NAAQS: 
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). This action is being taken under section 110 of the CAA.

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:
     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);
     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 (Public Law 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 as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-10938 Filed 5-30-17; 8:45 am]
 BILLING CODE 6560-50-P


