[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Pages 26019-26021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11620]



[[Page 26019]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0834: FRL-9994-32-Region 10]


Air Plan Approval; AK; Updates to Curtailment Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Alaska State Implementation Plan (SIP) 
that were submitted by the Alaska Department of Environmental 
Conservation (ADEC). These revisions update and strengthen ADEC's 
regulation of residential wood smoke emissions, especially the 
curtailment program as it applies to the Fairbanks fine particulate 
matter nonattainment area. No comments were received on this action.

DATES: This action is effective on July 5, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0834. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the For Further Information Contact 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125, 
spenillo.justin@epa.gov, or Attn: Justin Spenillo, Air and Radiation 
Division, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. This 
supplementary information section is arranged as follows:

Table of Contents

I. Background
II. EPA's Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On November 28, 2018, ADEC submitted revisions to specific air 
quality regulations for approval into the federally-enforceable Alaska 
SIP. The submission includes changes to Alaska Administrative Code 
Title 18, Environmental Conservation, Chapter 50, Air Quality Control 
(18 AAC 50), adopted December 8, 2017, and state-effective January 11, 
2018. This action addresses a portion of the submitted revisions, 
specifically those that update and strengthen wood smoke curtailment 
regulations that apply in the Fairbanks North Star Borough fine 
particulate matter (PM2.5) nonattainment area.\1\ EPA 
approved a prior version of Alaska's wood smoke curtailment regulations 
for the Fairbanks North Star Borough fine particulate matter 
(PM2.5) nonattainment area on September 8, 2017 (82 FR 
42457).
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    \1\ See 40 CFR 81.302.
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    On March 22, 2019, we proposed to approve the submitted updates to 
solid fuel-fired heating device visible emission standards at 18 AAC 
50.075(e), and revisions to the Fairbanks Emergency Episode Plan and 
associated appendix, state-effective January 11, 2018 (84 10750).\2\ We 
intend to take action on the remainder of the submission in a separate, 
future action.\3\ Please see our proposed rulemaking for further 
explanation and the basis for our approval (84 FR 10750, March 22, 
2019). The comment period for our proposed rulemaking closed on April 
22, 2019. No comments were received on this action.
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    \2\ The Fairbanks Emergency Episode Plan is in Volume II: 
Section III.D.5.11 and is codified as a matter of State law at 18 
AAC 50.030(a). The associated appendix to the plan is in Volume III: 
Appendix III.D.5.12 and includes the Fairbanks North Star Borough 
Ordinance No. 2017-18 and No. 2017-44, codified as a matter of State 
law at 18 AAC 50.030(a).
    \3\ The remainder of the submission addresses revisions to 18 
AAC 50.030(b), 18 AAC 50.075(f), 18 AAC 50.077, 18 AAC 50.079, and 
18 AAC 50.990.
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II. EPA's Final Action

    The EPA is approving and incorporating by reference the following 
revised rule into the Alaska SIP at 40 CFR 52.70(c):
     18 AAC 50.075(e) Solid Fuel-fired Heating Device Visible 
Emission Standards, state effective January 12, 2018.
    The EPA is approving, but not incorporating by reference, the 
following revised sections of the Alaska State Air Quality Control 
Plan:
     Volume II, Section III.D.5.11 Fairbanks Emergency Episode 
Plan, state effective January 12, 2018; and
     Pages 68 through 84 of Volume III, Appendix III.D.5.12: 
Appendix to Volume II. Analysis of Problems, Control Actions; Section 
III. Area-wide Pollutant Control Program; D. Particulate Matter; 5. 
Fairbanks North Star Borough PM2.5 Control Plan, state 
effective January 12, 2018.
    As described previously, the EPA is approving these revisions as 
SIP strengthening. These revisions support the state's ability to 
reduce and manage emissions in the Fairbanks PM2.5 
nonattainment area. This action does not alter our prior approval of 
the plan as meeting Moderate area requirements and we are not making 
any findings with respect to the Serious plan requirements triggered 
upon reclassification. As a result of today's final action, violations 
of any air quality episode called pursuant to 18 AAC 50.075(e) at the 
levels and conditions specified in Table 1 and Table 2, below, are 
federally enforceable.

     Table 1--ADEC's Table 5.11-1 Air Quality Episode Thresholds and
                               Exceptions
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       Episode feature          Stage 1 air alert     Stage 2 air alert
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PM2.5 Threshold micrograms    25..................  35.
 per cubic meter, (ug/m3.
Exceptions During a Power     Yes.................  Yes.
 Outage.
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[[Page 26020]]


    Table 2--ADEC's Table 5.11-2 PM2.5 Air Quality Episode Appliance-
                   Specific or Waiver-Specific Actions
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  Appliance type or waiver
            type                Stage 1 air alert     Stage 2 air alert
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No other adequate source of   Operation Prohibited  Operation Prohibited
 heat (NOASH) designation,     except Borough        except Borough
 meets other requirements in   Listed Solid Fuel     Listed Solid Fuel
 21.28.060.                    Burning Appliances    Burning Appliances
                               (SFBA).               (SFBA).
Approved Stage 1 Waiver,      Operation Prohibited  Operation
 meets other requirements in   except Borough        Prohibited.
 21.28.060.                    Listed Solid Fuel
                               Burning Appliances
                               (SFBA).
Wood Stoves.................  Operation Prohibited  Operation
                                                     Prohibited.
Coal Stoves.................  Operation Prohibited  Operation
                                                     Prohibited.
Wood-fired hydronic heaters.  Operation Prohibited  Operation
                                                     Prohibited.
Wood-fired Furnaces.........  Operation Prohibited  Operation
                                                     Prohibited.
Coal-fired Hydronic Heaters.  Operation Prohibited  Operation
                                                     Prohibited.
Coal-fired Furnaces.........  Operation Prohibited  Operation
                                                     Prohibited.
Fireplace Inserts...........  Operation Prohibited  Operation
                                                     Prohibited.
Pellet Fuel Burning           Operation Prohibited  Operation
 Appliances.                                         Prohibited.
Masonry Heaters.............  Operation Prohibited  Operation
                                                     Prohibited.
Cook Stoves.................  Operation Prohibited  Operation
                                                     Prohibited.
Fireplaces..................  Operation Prohibited  Operation
                                                     Prohibited.
Waste Oil Burning Appliances  Operation Prohibited  Operation
                                                     Prohibited.
Non-Permitted Outdoor         Operation Prohibited  Operation
 Incinerators, Burn Barrels.                         Prohibited.
Campfires, Bonfires,          Voluntary             Operation
 Ceremonial Fires, Fire pits.  Curtailment.          Prohibited.
Cook Stoves.................  Operation Prohibited  Operation
                                                     Prohibited.
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III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference as described 
in Section III of this action, and the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
materials generally available through https://www.regulations.gov and 
at the EPA Region 10 Office (please contact the person identified in 
the For Further Information Contact section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\4\
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    \4\ See 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
Accordingly, this 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 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).
    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 it 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). 
Therefore, Executive Order 13175 does not apply to this action.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 26021]]

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 5, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 15, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart C--Alaska

0
2. In Sec.  52.70:
0
a. The table in paragraph (c) is amended by revising entry 18 AAC 
50.075; and
0
b. The table in paragraph (e) is amended by adding, at the end of the 
table, an undesignated heading entitled ``Recently-Approved Plans'' and 
entries ``II.III.D.5.11'' and ``III.III.D.5.12''.
    The revision and additions read as follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
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                                                             State
          State citation              Title/subject        effective     EPA approval date       Explanations
                                                             date
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   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
 
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                                                  * * * * * * *
18 AAC 50.075....................  Solid Fuel-fired          1/12/2018  6/5/2019, [Insert    Except (d)(2) and
                                    Heating Device                       Federal Register     (f).
                                    Visible Emission                     citation].
                                    Standards.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                   EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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                                        Applicable           State
      Name of SIP provision           geographic or        submittal     EPA approval date       Explanations
                                    nonattainment area       date
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                                                  * * * * * * *
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                                            Recently--Approved Plans
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II.III.D.5.11 Fairbanks Emergency  Fairbanks North          11/28/2018  6/5/2019, [Insert    Revision to
 Episode Plan.                      Star Borough.                        Federal Register     II.III.D.5.
                                                                         citation].
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III.III.D.5.12 Appendix to Volume  Fairbanks North          11/28/2018  6/5/2019,..........  Revision to pages
 II. Section III.D.5.               Star Borough.                       [Insert Federal       68 through 84 of
                                                                         Register citation].  III.III.D.5.
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[FR Doc. 2019-11620 Filed 6-4-19; 8:45 am]
 BILLING CODE 6560-50-P


