[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10511-10520]
[FR Doc No: 2021-03064]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0060; FRL-10017-16-Region 10]

Air Plan Approval; AK, Fairbanks North Star Borough; 2006 24-hour
PM2.5 Serious Area Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve parts of state implementation plan (SIP) submissions, submitted
by the State of Alaska (Alaska or the State) to address Clean Air Act
(CAA or Act) requirements for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) in
the Fairbanks North Star Borough PM2.5 nonattainment area
(Fairbanks PM2.5 Nonattainment Area). EPA is also proposing
to approve rule revisions and an associated air quality control plan
chapter submitted by Alaska into the Federally-approved SIP. Alaska
made these submissions on December 13, 2019, (Fairbanks Serious Plan)
and December 15, 2020.

DATES: Comments must be received on or before March 24, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0060, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is 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. 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: Matthew Jentgen, EPA Region 10, 1200
Sixth Avenue--Suite 155, Seattle, WA 98101,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.

Table of Contents

I. Background
II. Clean Air Act Requirements for PM2.5 Serious Area
Plans and Summary of Proposal
III. Review of the Fairbanks Serious Plan
    A. Base Year Emissions Inventory
    B. PM2.5 Precursor Demonstration
    C. SIP Strengthening Measures
IV. Summary of Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    In 2009, EPA designated a portion of the Fairbanks North Star
Borough as ``nonattainment'' for the 2006 24-hour PM2.5
NAAQS of 35 micrograms per cubic meter ([mu]g/m\3\) (Fairbanks
PM2.5 Nonattainment Area) (74 FR 58688, November 13,
2009).\1\ Effective July 2, 2014, EPA classified the area as
``Moderate'' (79 FR 31566, June 2, 2014). Subsequently, Alaska
submitted, and the EPA approved, a plan to meet

Moderate nonattainment area requirements (82 FR 42457, September 8,
2017) (``Fairbanks Moderate Plan'').
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    \1\ See 40 CFR 81.302.
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    On May 10, 2017, EPA determined that the State failed to attain the
2006 24-hour PM2.5 NAAQS in the area by the outermost
Moderate area attainment date of December 31, 2015 (82 FR 21711). As a
result, the Fairbanks PM2.5 Nonattainment Area was
reclassified as a ``Serious'' nonattainment area by operation of law.
    Upon reclassification as a Serious PM2.5 nonattainment
area, the State was required to meet additional SIP requirements for
the Fairbanks PM2.5 Nonattainment Area. In particular, the
State was required to submit a Serious area nonattainment plan
satisfying the requirements of CAA title I, part D, including the
requirements of subpart 4, for the 2006 24-hour PM2.5 NAAQS
and attain the 2006 24-hour PM2.5 NAAQS in the area by no
later than the end of the tenth calendar year following designation
(i.e., December 31, 2019). Prior to submitting the Fairbanks Serious
Plan, Alaska revised its regulations and planning elements to further
limit visible emissions and promote the use of certified heating
devices and cleaner burning practices in the Fairbanks PM2.5
Nonattainment Area and submitted the revised regulations to EPA on
October 25, 2018 and November 28, 2018.\2\
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    \2\ We approved the remainder of the 2018 submissions in prior
actions on June 5, 2019 (84 FR 26019), August 29, 2019 (84 FR
45419), December 18, 2019 (84 FR 69331), and December 23, 2019 (84
FR 70428).
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    Alaska submitted the Fairbanks Serious Plan on December 13, 2019 to
address the Serious nonattainment area requirements for the 2006 24-
hour PM2.5 NAAQS. The Fairbanks Serious Plan includes
further changes to heating device and cleaner burning practices
regulations, among other control measures and planning elements. The
Fairbanks Serious Plan is comprised of revisions to Title 18, Chapter
50, of the Alaska Administrative Code (18 AAC 50) and the State Air
Quality Control Plan, adopted and incorporated by reference into State
law at 18 AAC 50.030(a). On January 9, 2020, in accordance with section
110(k)(1)(B) and part D of title I of the CAA, EPA determined that the
Fairbanks Serious Plan was administratively and technically complete
(85 FR 7760, February 11, 2020).
    Within the Fairbanks Serious Plan, the State sought an extension of
the otherwise applicable attainment date through section 188(e) of the
CAA. On September 2, 2020, EPA determined that the area failed to
attain by the Serious area attainment date and denied the State's
Serious area attainment date extension request (85 FR 54509). As a
result, Alaska was required to submit a revised plan to meet additional
CAA requirements set forth in section 189(d) of the CAA by December 31,
2020. Alaska submitted the revised plan on December 15, 2020. Alaska's
December 15, 2020, submission makes several changes to the State Air
Quality Control Plan, adopted and incorporated by reference into State
law at 18 AAC 50.030(a).\3\ In particular, Alaska made additions to
several chapters of the State Air Quality Control Plan, including
Chapter III.D.7.12 (``Fairbanks Emergency Episode Plan''). Alaska also
withdrew and replaced several other chapters. EPA is proposing to
approve the base year emissions inventory and the PM2.5
precursor demonstration elements of the Fairbanks Serious Plan. Alaska
did not withdraw these portions of the State Air Quality Control Plan
as part of the December 15, 2020, submission.\4\ Also, EPA is proposing
to approve the updated Fairbanks Emergency Episode Plan that was
adopted by the State on November 18, 2020 and was submitted on December
15, 2020. EPA will act on the remainder of the December 15, 2020,
submission at a later date.
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    \3\ See Jason W. Brune, Commissioner Alaska Department of
Environmental Conservation, to Chris Hladick, U.S. EPA Region 10,
December 15, 2020, letter included in the docket for this proposed
action.
    \4\ Note that Alaska submitted an additional base year emissions
inventory and updated PM2.5 precursor demonstrations as
part of the December 15, 2020, submission. EPA is not proposing
action on the additional base year emissions inventory or the
updated PM2.5 precursor demonstration. EPA will propose
action on these portions of the December 15, 2020, submission at a
later date.
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    Alaska also made SIP submissions on October 25, 2018 and November
28, 2018 (in addition to the December 13, 2019 submission), requesting
EPA approval of specific changes to Alaska Administrative Code Title
18, Environmental Conservation, Chapter 50, Air Quality Control (18 AAC
50) State effective September 15, 2018 and January 8, 2019. The
requests included in the October 25, 2018, and November 28, 2018 SIP
submissions are discussed in section C of this preamble.

II. Clean Air Act Requirements for PM[bdi2].[bdi5] Serious Area Plans
and Summary of Proposal

    Upon reclassification of a Moderate nonattainment area as a Serious
nonattainment area under subpart 4 of part D, title I of the CAA, the
Act requires the State to submit a Serious area nonattainment plan that
addresses specific requirements.\5\ On August 24, 2016, EPA promulgated
the final rule entitled, ``Fine Particulate Matter National Ambient Air
Quality Standards: State Implementation Plan Requirements''
(PM2.5 SIP Requirements Rule).\6\ The PM2.5 SIP
Requirements Rule is codified at 40 CFR part 51, subpart Z. The
PM2.5 SIP Requirements Rule establishes regulatory
requirements and provides interpretive guidance on the statutory SIP
requirements that apply to states with areas designated nonattainment
for the PM2.5 standards. In accordance with subpart 4 of
part D, title I of the CAA and the PM2.5 SIP Requirements
Rule at 40 CFR 51.1003(b), Serious area nonattainment plans must
address the following requirements:
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    \5\ CAA section 189(b), 42 U.S.C. 7513a(b); see also 81 FR
58010, 58074-58075, August 24, 2016.
    \6\ 81 FR 58010. Prior to promulgating the PM2.5 SIP
Requirements Rule, EPA provided its interpretations of the CAA's
requirements for particulate matter plans under part D, title I of
the Act in the following guidance documents: (1) ``State
Implementation Plans; General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990'' (``General
Preamble''); (2) ``State Implementation Plans; General Preamble for
the Implementation of Title I of the Clean Air Act Amendments of
1990; Supplemental'' (``General Preamble Supplement''); and (3)
``State Implementation Plans for Serious PM-10 Nonattainment Areas,
and Attainment Date Waivers for PM-10 Nonattainment Areas Generally;
Addendum to the General Preamble for the Implementation of Title I
of the Clean Air Act Amendments of 1990'' (``General Preamble
Addendum'').
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    1. Base year emissions inventory meeting the requirements of CAA
section 172(c)(3) and 40 CFR 51.1008(b)(1));
    2. Attainment projected emissions inventory meeting the
requirements of CAA section 172(c)(1) and 40 CFR 51.1008(b)(2);
    3. Serious area nonattainment plan control strategy meeting the
requirements of CAA section 189(b)(1)(B) and 40 CFR 51.1010, including
provisions to assure that the best available control measures (BACM)
and best available control technologies (BACT), for the control of
direct PM2.5 and PM2.5 precursors are implemented
no later than four years after the area is reclassified (CAA section
189(b)(1)(B));
    4. Attainment demonstration and modeling meeting the requirements
of CAA sections 188(c)(2) and 189(b)(1)(A) and 40 CFR 51.1011;
    5. Reasonable further progress (RFP) provisions meeting the
requirements of CAA section 172(c)(2) and 40 CFR 51.1012;
    6. Quantitative milestones meeting the requirements of CAA section
189(c) and 40 CFR 51.1013;

    7. An evaluation by the state of sources of all four
PM2.5 precursors for regulation, and implementation of
controls on all such precursors, unless the state provides a
demonstration establishing it is either not necessary to regulate a
particular precursor in the nonattainment area at issue in order to
attain by the attainment date, or that emissions of the precursor do
not make a significant contribution to PM2.5 levels that
exceed the standard;
    8. Contingency measures meeting the requirements of CAA section
172(c)(9) and 40 CFR 51.1014; and
    9. Nonattainment new source review provisions meeting the
requirements of CAA section 189(b)(3) and 40 CFR 51.165.
    In the Serious area nonattainment plan, states must also satisfy
the requirements for Moderate area plans in CAA section 189(a), to the
extent the state has not already met those requirements in the Moderate
area plan submitted for the area (see CAA section 189(b)(1), 40 CFR
51.1003(b), and 81 FR 58010, 58075, August 24, 2016). In addition, the
Serious area nonattainment plan must meet the general requirements
applicable to all SIP submissions under section 110 of the CAA,
including the requirement to provide necessary assurances that the
implementing agencies have adequate personnel, funding, and authority
under section 110(a)(2)(E), and the requirements concerning enforcement
provisions in section 110(a)(2)(C).
    EPA is proposing to approve parts of the Fairbanks Serious Plan as
meeting the base year emission inventory requirements and certain
optional PM2.5 precursor demonstration requirements. EPA is
also proposing to approve rule revisions and an associated air quality
control plan chapter submitted by Alaska into the Federally-approved
SIP (SIP strengthening). Therefore, the ensuing evaluation of the
Fairbanks Serious Plan focuses on only the statutory and regulatory
requirements applicable to these Serious area nonattainment plan
provisions. Additionally, we are not evaluating whether the Fairbanks
Serious Plan or the December 15, 2020, submission meets the additional
planning obligations of CAA section 189(d) or 40 CFR 51.1003(c). We
note that EPA approved the nonattainment new source review element of
the Fairbanks Serious Plan on August 29, 2019 (84 FR 45419). We will
take action on the remaining elements of the Fairbanks Serious Plan and
the December 15, 2020, submission at a later date.

III. Review of the Fairbanks Serious Plan

A. Base Year Emissions Inventory

1. Statutory and Regulatory Requirements
    CAA section 172(c)(3) requires that states submit a comprehensive,
accurate, current inventory of actual emissions from all sources of the
relevant pollutant or pollutants in the nonattainment area as part of a
nonattainment plan for such area. EPA discussed the emissions inventory
requirements that apply to PM2.5 nonattainment areas,
including Serious area nonattainment plan requirements, in the
PM2.5 SIP Requirements Rule. The EPA codified these
requirements in 40 CFR 51.1008.\7\ EPA has also issued additional
guidance concerning emissions inventories for PM2.5
nonattainment areas.\8\
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    \7\ 81 FR 58010, August 24, 2016, at pp. 58078-58079.
    \8\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' EPA, May 2017 (``Emissions
Inventory Guidance''), available at: https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
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    The base year emissions inventory for a Serious PM2.5
nonattainment area must be one of the three years for which monitored
data were used by EPA to reclassify the area to Serious, or another
technically appropriate year justified by the state in its Serious area
nonattainment plan SIP submission.\9\ The base year emissions inventory
should provide a state's best estimate of actual emissions from all
sources, i.e., all emissions that contribute to the formation of a
particular NAAQS pollutant. The emissions must be either annual total
emissions, average-season day emissions, or both, as appropriate for
the relevant annual versus 24-hour PM2.5 NAAQS. In the
Serious area plan SIP submission, the state must include a rationale
for providing annual or seasonal emission inventories, and
justification for the period used for any seasonal emissions
calculations.\10\
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    \9\ 40 CFR 51.1008(b)(1).
    \10\ 40 CFR 51.1008.
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    For the PM2.5 NAAQS, the base year inventory must
include direct PM2.5 emissions, separately reported
filterable and condensable PM2.5 emissions,\11\ and
emissions of all chemical precursors to the formation of secondary
PM2.5: nitrogen oxides (NOX), sulfur dioxide
(SO2), volatile organic compounds (VOC), and ammonia
(NH3).\12\
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    \11\ The Emissions Inventory Guidance identifies the types of
sources for which EPA expects states to provide condensable PM
emission inventories. Emissions Inventory Guidance, section 4.2.1
(``Condensable PM Emissions''), 63-65.
    \12\ 40 CFR 51.1008.
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    A state's SIP submission must include documentation explaining how
it calculated emissions data for the inventory and be consistent with
the data elements required by 40 CFR part 51, subpart A. In estimating
mobile source emissions, a state should use the latest emissions models
and planning assumptions available at the time the SIP is developed.
States are also required to use EPA's ``Compilation of Air Pollutant
Emission Factors'' (``AP-42'') road dust method for calculating re-
entrained road dust emissions from paved roads. 13 14
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    \13\ EPA released an update to AP-42 in January 2011 that
revised the equation for estimating paved road dust emissions based
on an updated data regression that included new emission tests
results. 76 FR 6328 (February 4, 2011).
    \14\ AP-42 has been published since 1972 as the primary source
of EPA's emission factor information. https://www.epa.gov/air-emissionsfactors-and-quantification/ap-42-compilation-airemissions-factors. It contains emission factors and process information for
more than 200 air pollution source categories. A source category is
a specific industry sector or group of similar emitting sources. The
emission factors have been developed and compiled from source test
data, material balance studies, and engineering estimates.
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2. Summary of State's Submission
    The base year planning emissions inventory for direct
PM2.5 and PM2.5 precursors (NOX,
SO2, VOC, and ammonia) and the documentation for the
inventory for the Fairbanks PM2.5 Nonattainment Area are
located in Chapter III.D.7.6 (``Emissions Inventory Data'') and
Appendix III.D.7.6 of the Fairbanks Serious Plan.
    The State developed the inventory using data sources and emission
calculation methodologies from the approved Fairbanks PM2.5
Moderate Plan as its starting point and then updated the emissions
totals based on additional source and activity data collected since
preparation of that inventory.
    The State based the 2013 base year emissions inventory on
historical source activity data in calendar year 2013 for all source
sectors. For point sources, the State updated emissions data for the
2013 base year emissions inventory based on annual fuel use/process
throughput by individual facility and emission unit.\15\ The State also
included fuel-based ammonia emissions for point

sources in the 2013 inventory. Additional home heating survey data
collected in winters 2012 through 2015 were used by the State to
augment the estimates of residential space heating device/fuel mix and
usage in the Moderate Plan based on the singular 2011 Home Heating
survey. The State combined this broader sample of survey data to better
reflect residential space heating activity within the nonattainment
area for calendar year 2013. For both on-road and non-road vehicles,
the State used EPA's latest vehicle emissions model, MOVES2014b, to
replace emission estimates from the Moderate SIP based on its
predecessor, MOVES2010a. Alaska used MOVES2014b emission factors based
on local fleet/fuel characteristics and augmented with Fairbanks North
Star Borough wintertime vehicle warmup and plug-in emission testing
data. On-road vehicle activity (VMT and speeds) was based by the State
on 2013 baseline travel demand model outputs from the Fairbanks
Metropolitan Area Transportation System (FMATS) 2040 Metropolitan
Transportation Plan (MTP) and 2045 MTP. Alaska used the 2014 National
Emissions Inventory to represent Source Classification Code (SCC)-level
annual emissions for fugitive dust, which were estimated to have no
emissions during episodic wintertime conditions.
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    \15\ For directly emitted PM2.5, condensable and
filterable components are separately reported, see Appendix
III.D.7.6, Table 7-6-76. Alaska and EPA have determined that the
point source sector is the only Source Classification Code (SCC)
category that must include condensable and filterable
PM2.5 information in the Fairbanks PM2.5
Nonattainment Area.
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    The 2013 base year emissions inventory in the Fairbanks Serious
Plan has its foundations in the emissions inventory development work
conducted for the Moderate Plan, which was based on emission estimates
for two historical calendar year 2008 episodes (January 23-February 10,
2008 and November 2-17, 2008). The Fairbanks North Star Borough, Alaska
Department of Environmental Conservation, and EPA collectively
determined that these ``seasonal'' modeling episodes typify
atmospheric/meteorological conditions and source activity/emission
patterns within the nonattainment season when ambient PM2.5
concentrations exceed the standard at design day or high percentile
levels.\16\ Alaska believes that the average of emissions across the
combined 35 days of the two historical episodes are well suited not
just for attainment modeling, but also to satisfy seasonal planning
inventory requirements. Similar to their development of a base year
inventory for their Moderate Area Plan, Alaska used the meteorological
scenarios and modeling from 2008 historical episodes as the basis for
generating their 2013 base year planning inventory within this Serious
SIP as provided in the PM2.5 SIP Requirements Rule.
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    \16\ The inventory is based on emissions estimated during the
two 2008 episodes that represent weather conditions when exceedances
of the 2006 24-hour PM2.5 NAAQS typically occur. The
inventory is an average of emissions across all days in the two
episodes. It represents the average season-day emissions, in which
the emission inventory season is the wintertime episodes of cold and
calm weather that coincide with exceedances of the standard (82 FR
9035, February 2, 2017).
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    Table 1 in this preamble provides a summary of the episodic (24-
hour) average inventories in tons per day (tpd) of direct
PM2.5 and PM2.5 precursors (NOX,
SO2, VOC, and ammonia) for the 2013 base year.

 Table 1--Fairbanks PM2.5 Nonattainment Area 2013 Base Year Episode Average Daily Emissions (tons/day) by Source
                                                     Sector
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                                   Direct PM2.5
          Source sector                                 NOX             SO2             VOC           Ammonia
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Point Sources...................            1.23           10.45            7.22            0.23           0.051
Area, Space Heating (Total).....            2.59            2.34            3.62            9.50           0.136
Area, Space Heat, Wood..........            2.43            0.40            0.08            9.29           0.091
Area, Space Heat, Oil...........            0.06            1.72            3.42            0.10           0.003
Area, Space Heat, Coal..........            0.08            0.05            0.10            0.11           0.013
Area, Space Heat, Other.........            0.01            0.16            0.02            0.01           0.028
Area, Other \1\.................            0.22            1.72            0.03            2.27           0.045
On-Road Mobile..................            0.27            3.36            0.02            4.07           0.054
Non-Road Mobile \2\.............            0.15            0.86            6.10            0.41           0.000
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    Totals......................            4.46           18.73           17.00           16.48           0.286
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Source: Fairbanks Serious Plan, Chapter III.D.7.6, Table 7.6-10.
\1\ The ``Area, Other'' category includes minor stationary sources (e.g., asphalt plants, coffee roasters, etc.)

\2\ The ``non-road mobile'' category includes recreational vehicles, logging equipment, agricultural equipment,
  etc.

3. EPA's Evaluation and Proposed Action
    The 2013 base year emissions inventory meets the requirements of
CAA section 172(c)(3) and 40 CFR 51.1008. Calendar year 2013 is an
appropriate base year for the Fairbanks Serious Plan because it is one
of the three years used in the reclassification from a Moderate area to
a Serious area. The base year emissions inventory is a seasonal
inventory, based on two meteorological episodes exemplifying the range
of meteorological conditions that lead to exceedances of the 24-hour
NAAQS. This is an appropriate temporal scope for a base year emissions
inventory where anthropogenic exceedances of the 24-hour NAAQS are
exclusively in winter.
    The emissions inventory is of actual emissions in 2013, as required
in the PM2.5 SIP Requirements Rule and guidance.\17\ The
emissions inventory also includes separate reporting for filterable and
condensible PM2.5 for the relevant emissions sectors and SCC
codes. The base year 2013 emissions inventory is based on methodologies
used by the State and vetted by EPA in the Fairbanks Moderate Plan and
applied to the new year 2013. Therefore, the inventory reports
emissions of point sources consistent with the Air Emissions Reporting
Rule (AERR) and contains the detail and data elements required by 40
CFR part 51, subpart A. For these reasons, we are proposing to approve
the 2013 base year emissions inventory in the Fairbanks Serious Plan as
meeting the requirements of CAA section 172(c)(3) and 40 CFR 51.1008.
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    \17\ 40 CFR 51.1008(a)(1)(ii).
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B. PM2.5 Precursor Demonstration

1. Statutory and Regulatory Requirements
    Under subpart 4 of part D, title I of the CAA and the
PM2.5 SIP Requirements Rule, each state containing a
PM2.5 nonattainment area must evaluate all PM2.5
precursors for regulation unless, for any given PM2.5
precursor, the state demonstrates to the Administrator's satisfaction
that such precursor does not

contribute significantly to PM2.5 levels that exceed the
NAAQS in the nonattainment area.\18\ The provisions of subpart 4 do not
define the term ``precursor'' for purposes of PM2.5, nor do
they explicitly require the control of any specifically identified
PM2.5 precursor. The statutory definition of ``air
pollutant,'' however, provides that the term ``includes any precursors
to the formation of any air pollutant, to the extent the Administrator
has identified such precursor or precursors for the particular purpose
for which the term `air pollutant' is used.'' \19\ EPA has identified
SO2, NOX, VOCs, and ammonia as precursors to the
formation of PM2.5.\20\ Accordingly, the attainment plan
requirements of subpart 4 apply to emissions of all four precursors and
direct PM2.5 from all types of stationary, area, and mobile
sources, except as otherwise provided in the Act (e.g., CAA section
189(e)).
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    \18\ 40 CFR 51.1006; See 81 FR 58010, August 24, 2016, at pp.
58017-58020.
    \19\ CAA section 302(g).
    \20\ 81 FR 58010, August 24, 2016, at p. 58015.
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    A large number of chemical reactions, often non-linear in nature,
can convert gaseous SO2, NOX, VOCs, and ammonia
to PM2.5, making them precursors to PM2.5.\21\
Formation of secondary PM2.5 also depends on atmospheric
conditions, including solar radiation, temperature, and relative
humidity, and the interactions of precursors with particles and with
cloud or fog droplets.\22\ According to the Fairbanks Serious Plan,
total wintertime PM2.5 concentrations in the Fairbanks
PM2.5 Nonattainment Area are a function of both primary
PM2.5 emissions and secondary PM2.5 formed from
precursors (see Chapter III.D.7.8.1-7).
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    \21\ ``Air Quality Criteria for Particulate Matter'' (EPA/600/P-
99/002aF), EPA, October 2004, Ch. 3.
    \22\ ``Regulatory Impact Analysis for the Final Revisions to the
National Ambient Air Quality Standards for Particulate Matter''
(EPA/452/R-12-005), EPA, December 2012), 2-1.
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    Section 189(e) of the Act requires that the control requirements
for major stationary sources of direct PM10 \23\ also apply
to major stationary sources of PM10 precursors, except where
the Administrator determines that such sources do not contribute
significantly to PM10 levels that exceed the standard in the
area. Section 189(e) contains the only express exception to the control
requirements under subpart 4 (e.g., requirements for reasonably
available control measures (RACM) and reasonably available control
technology (RACT), BACM and BACT, Most Stringent Measures (MSM), and
New Source Review (NSR) for sources of direct PM2.5 and
PM2.5 precursor emissions). Although section 189(e)
explicitly addresses only major stationary sources, EPA interprets the
Act as authorizing it also to determine, under appropriate
circumstances, that regulation of specific PM2.5 precursors
from other source categories in a given nonattainment area is not
necessary.\24\ For example, under EPA's longstanding interpretation of
the control requirements that apply to stationary, area, and mobile
sources of PM10 precursors in the nonattainment area under
CAA section 172(c)(1) and subpart 4,\25\ a state may demonstrate in a
SIP submission that control of a certain precursor pollutant is not
necessary in light of its insignificant contribution to ambient
PM10 levels in the nonattainment area.\26\
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    \23\ The requirements for attainment plans for the 2006 24-hour
PM2.5 NAAQS include the general nonattainment area
planning requirements in CAA section 172 of title I, part D, subpart
1 and the additional planning requirements specific to particulate
matter in CAA sections 188 and 189 of title I, part D, subpart 4. 81
FR 58010, August 24, 2016, at pp. 58012-58014.
    \24\ 81 FR 58010, August 24, 2016, at pp. 58018-58019.
    \25\ General Preamble, 57 FR 13498, April 16, 1992, at pp.
13539-42.
    \26\ Courts have upheld this approach to the requirements of
subpart 4 for PM10. See, e.g., Assoc. of Irritated
Residents v. EPA, et al., 423 F.3d 989 (9th Cir. 2005).
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    Under the PM2.5 SIP Requirements Rule, a state may elect
to submit to EPA a ``comprehensive precursor demonstration'' for a
specific nonattainment area to show that emissions of a particular
precursor from all existing sources located in the nonattainment area
do not contribute significantly to PM2.5 levels that exceed
the NAAQS at issue in the nonattainment in the area.\27\ If EPA
determines that the contribution of the precursor to PM2.5
levels in the area is not significant and approves the demonstration,
the state is not required to control emissions of the relevant
precursor from existing sources in the attainment plan.\28\
---------------------------------------------------------------------------

    \27\ 40 CFR 51.1006(a)(1).
    \28\ 40 CFR 51.1006(a)(1).
---------------------------------------------------------------------------

    In addition, in May 2019, EPA issued the ``PM2.5
Precursor Demonstration Guidance'' (``PM2.5 Precursor
Guidance''), which provides recommendations to states for analyzing
nonattainment area PM2.5 emissions and developing such
optional precursor demonstrations, consistent with the PM2.5
SIP Requirements Rule.\29\
---------------------------------------------------------------------------

    \29\ ``PM2.5 Precursor Demonstration Guidance,'' EPA-
454/R-19-004, May 2019, including Memo dated May 30, 2019 from Scott
Mathias, Acting Director, Air Quality Policy Division and Richard
Wayland, Director, Air Quality Assessment Division, Office of Air
Quality Planning and Standards (OAQPS), EPA to Regional Air Division
Directors, Regions 1-10, EPA.
---------------------------------------------------------------------------

    EPA evaluated the Fairbanks Serious Plan in accordance with the
presumption embodied within subpart 4 that the State must address all
PM2.5 precursors in the evaluation and implementation of
potential control measures, unless the State adequately demonstrates
that emissions of a particular precursor or precursors do not
contribute significantly to ambient PM2.5 levels that exceed
the PM2.5 NAAQS in the nonattainment area. In reviewing any
determination by the state to exclude a PM2.5 precursor from
the required evaluation of potential control measures, we considered
both the magnitude of the precursor's contribution to ambient
PM2.5 concentrations in the nonattainment area and the
sensitivity of ambient PM2.5 concentrations in the area to
reductions in emissions of that precursor.\30\
---------------------------------------------------------------------------

    \30\ 40 CFR 51.1006(a)(1)(i) and (ii).
---------------------------------------------------------------------------

2. Summary of State's Submission
    Alaska includes its PM2.5 precursor analysis in Chapter
III.D.7.8, section 7.8.12, of the Fairbanks Serious Plan. The State
provides both concentration-based and sensitivity-based analyses of
precursor contributions to ambient PM2.5 concentrations in
the Fairbanks PM2.5 Nonattainment Area. These analyses led
the State to conclude that SO2 and ammonia emissions
contribute significantly to ambient PM2.5 levels that exceed
the PM2.5 NAAQS in the Fairbanks PM2.5
Nonattainment Area, while NOX and VOCs do not contribute
significantly to such exceedances, as discussed below. Consistent with
this conclusion, the State focused the control strategy and attainment
demonstration on sources of PM2.5, SO2, and
ammonia emissions. Importantly, Alaska's precursor analysis did not
address nonattainment NSR requirements. The State made the prior
determination to regulate all four EPA-identified legal precursors to
PM2.5 in the nonattainment NSR regulations applicable to the
Fairbanks PM2.5 Nonattainment Area. The EPA approved
Alaska's October 25, 2018, SIP revision as meeting the nonattainment
NSR requirements triggered upon reclassification of the area to Serious
(August 29, 2019, 84 FR 45419).
    Alaska applied a tiered approach to the precursor demonstrations in
the Fairbanks PM2.5 Nonattainment Area. The tiered analysis
included: (1) A concentration-based analysis of ambient data; (2) a
concentration-based analysis using air quality modeling (zero-out); and
(3) sensitivity-based analysis using air quality modeling. For the
concentration-based analysis using

ambient data, Alaska assessed the contribution of SO2,
NOX, and ammonia for all four monitor sites between 2011 and
2015 on the highest concentration days. Alaska did not perform a
concentration-based analysis using ambient data for VOCs. Through these
analyses, Alaska identified that ammonia was a significant precursor in
the Fairbanks PM2.5 Nonattainment Area.
    For the concentration-based analysis using air quality modeling,
Alaska utilized version 4.7.1 of the Community Multiscale Air Quality
(CMAQ) photochemical model. The modeling relied on many elements from
the precursor analysis provided by the State in the Fairbanks Moderate
Plan (e.g., meteorological inputs, emissions processing methods, nested
modeling grids).
    Alaska performed modeling analyses using both the base year
emissions inventory (2013) and the future year emissions inventory
(2019) for VOCs and NOX. First, the State evaluated
precursor significance using a zero-out approach that compared a
baseline model run with a model run where a precursor's emissions were
set to zero in order to determine the influence of that precursor on
PM2.5 formation. For VOCs, Alaska performed a single
analysis where it zeroed out all anthropogenic VOC emissions. For
NOX, Alaska performed two zero-out analyses: One where all
anthropogenic NOX emissions were zeroed out and one where
only major stationary source NOX emissions were zeroed out.
Next, Alaska further evaluated NOX precursor significance
through a 75% sensitivity analysis. In this analysis, the State
compared a baseline model run with a model run where all anthropogenic
NOX emissions were reduced by 75%. Alaska concluded that
these analyses showed that VOCs and NOX were not significant
precursors in the Fairbanks PM2.5 Nonattainment Area.
    Alaska performed two SO2 precursor analyses using
modeling elements from the Moderate Area Plan and updated baseline and
future year emission inventories, as described previously in this
preamble for the VOC and NOX modeling. Alaska first
performed a zero-out analysis where it zeroed out major stationary
source SO2 emissions. To address concerns about model
underprediction of secondary sulfate, Alaska next performed an analysis
that incorporated the base case model performance evaluation to
estimate the impact of removing all major stationary source
SO2 emissions. Based on these analyses, Alaska concluded
that SO2 was a significant precursor in the Fairbanks
PM2.5 Nonattainment Area.
    Additionally, on March 18, 2020, Alaska provided clarifications on
the precursor analyses, included in the docket for this action.
Included in these clarifications were further calculations projecting
NOX significance at a 50% sensitivity level (i.e., the
comparison of a baseline model run with a model run including a 50%
reduction of all anthropogenic NOX emissions).
3. EPA's Evaluation and Proposed Action
    EPA has evaluated the State's precursor demonstration for the
Serious area nonattainment plan consistent with the PM2.5
SIP Requirements Rule and the recommendations in the PM2.5
Precursor Guidance. Additional details of EPA's evaluation of Alaska's
precursor PM2.5 analyses are included in a Technical Support
Document included in the docket for this action.\31\ Based on this
evaluation, EPA agrees that SO2 and ammonia emissions
contribute significantly to ambient PM2.5 levels that exceed
the 2006 PM2.5 NAAQS in the Fairbanks PM2.5
Nonattainment Area and that SO2 and ammonia emission
sources, therefore, remain subject to control requirements under
subparts 1 and 4 of part D, title I of the Act.
---------------------------------------------------------------------------

    \31\ ``Review of Fairbanks Nonattainment Area Precursor
Demonstrations for Volatile Organic Compounds and Nitrogen Oxides in
the 2019 State Implementation Plan Submission.'' Nicole Briggs and
Robert Kotchenruther, November 4, 2020.
---------------------------------------------------------------------------

    For the reasons provided in this preamble and further detailed in
the Technical Support Document, EPA proposes to approve the State's
demonstration that NOX and VOC emissions do not contribute
significantly to ambient PM2.5 levels that exceed the 2006
PM2.5 NAAQS in the Fairbanks PM2.5 Nonattainment
Area. Our proposed approval of Alaska's precursor demonstration does
not extend to nonattainment NSR requirements for the area. The State
did not address the issue of precursors for purposes of nonattainment
NSR requirements in the Fairbanks Serious Plan because Alaska
previously determined that it was appropriate to regulate
NOX, SO2, VOCs, and ammonia as precursors to
PM2.5 with respect to nonattainment NSR and submitted rule
changes to that effect on October 25, 2018. The EPA approved the
submitted revised program as meeting nonattainment NSR requirements
triggered upon reclassification of the Fairbanks PM2.5
Nonattainment Area to Serious (84 FR 45419, August 29, 2019).
    Regarding the State's analytical approach, EPA proposes to find
that the State used the appropriate methods and data to evaluate
PM2.5 formation in the Fairbanks PM2.5
Nonattainment Area from precursor emissions. Alaska began with
concentration-based analyses for the precursors and proceeded with
sensitivity-based analyses if necessary, which is an acceptable
progression of analyses under the PM2.5 SIP Requirements
Rule. The State utilized the appropriate threshold recommended in the
EPA's guidance (1.5 [mu]g/m\3\) in evaluating the significance of
precursor emissions to the formation of 24-hour PM2.5 and
utilized data from all four monitors in the Fairbanks PM2.5
Nonattainment Area.
    Regarding the results of the State's analysis, the concentration-
based modeling (Alaska's second tier precursor) analysis of VOC
emissions demonstrates that anthropogenic VOCs have impacts on
PM2.5 concentrations in the Fairbanks PM2.5
Nonattainment Area that are well below the 1.5 [mu]g/m\3\ significance
threshold. Therefore, we propose to concur with the State's conclusion
that VOCs are not significant for PM2.5 formation in the
Fairbanks PM2.5 Nonattainment Area.
    Further, we propose to find that the weight of evidence presented
in the Fairbanks Serious Plan and Alaska's March 18, 2020,
clarification document suggests that NOX emitted from all
sources is an insignificant contributor to local PM2.5
concentrations, based on the following evidence. First, the
NOX 100% major stationary source reduction analysis
demonstrated that NOX emissions are insignificant
contributors to PM2.5 concentrations at the four monitor
locations. Second, the NOX 75% all source reduction
sensitivity analysis demonstrated that only 10% of the modeled days
showed significant contributions of NOX to PM2.5
concentrations at the Fairbanks monitors, and no days with significant
contributions at the North Pole monitors. Third, the 75% all source
reduction sensitivity analysis was conservative given that EPA guidance
recommends evaluation of 30-70% reductions of the pollutant for
analytical purposes.\32\ Lastly, Alaska's projected 50% reduction of
NOX from all sources sensitivity analysis suggested there
would be insignificant contributions

from NOX to PM2.5 concentrations on all modeled
days at all monitors. Most of these days would have NOX
contributions to PM2.5 concentrations well below the 1.5
[mu]g/m\3\ significance threshold.
---------------------------------------------------------------------------

    \32\ ``PM2.5 Precursor Demonstration Guidance,'' EPA-
454/R-19-004, May 2019, including Memo dated May 30, 2019 from Scott
Mathias, Acting Director, Air Quality Policy Division and Richard
Wayland, Director, Air Quality Assessment Division, Office of Air
Quality Planning and Standards (OAQPS), EPA to Regional Air Division
Directors, Regions 1-10, EPA. Page 29.
---------------------------------------------------------------------------

C. SIP Strengthening Measures

1. Summary of State's Submission
    In the October 25, 2018, November 28, 2018, and December 13, 2019
submissions, Alaska requested EPA approval of specific changes to
Alaska Administrative Code Title 18, Environmental Conservation,
Chapter 50, Air Quality Control (18 AAC 50) State effective September
15, 2018, January 8, 2019, and January 12, 2020. The requests included
in the October 25, 2018 and November 28, 2018 SIP submissions (i.e.,
not the Fairbanks Serious Plan submission (December 13, 2019)) are
noted below. The State adopted these regulatory revisions to strengthen
the existing Alaska SIP and to meet the new Serious area planning
requirements for BACM for certain source categories.
    This evaluation section discusses how the submitted rule revisions
strengthen the current, Federally-approved SIP and why the EPA believes
the rules are approvable. As such, our discussion focuses on the most
recently submitted change to any particular rule provision. EPA is
proposing to approve the submitted revisions to 18 AAC 50 and Volume
III, Section III.D.7.12 of the State Air Quality Control Plan (the
Fairbanks Emergency Episode Plan) as SIP strengthening and is not
proposing to determine whether the submitted revisions satisfy, in
whole or in part, the control strategy requirements in CAA section 189
and 40 CFR 51.1010 nor the contingency measure requirements in CAA
section 172(c)(9) and 40 CFR 51.1014.\33\
---------------------------------------------------------------------------

    \33\ As noted previously, EPA is proposing approval of the
Fairbanks Emergency Episode Plan that was submitted on December 15,
2020, and is included in the docket. A version of the Fairbanks
Emergency Episode Plan was submitted as part of the Fairbanks
Serious Plan on December 13, 2019, but this has been superseded by
the version submitted December 15, 2020, as part of the revised
plan.
---------------------------------------------------------------------------

2. EPA's Evaluation and Proposed Action
a. State Air Quality Control Plan
    In the submissions, Alaska repealed and readopted 18 AAC 50.030,
the rule section into which all State air quality control provisions
are adopted by reference. The revised version of the rule section
contains two distinct paragraphs: Paragraph (a) adopts the State Air
Quality Control Plan by reference into State rules; and paragraph (b)
requires that sources subject to specific control measures and
technologies in the State Air Quality Control Plan comply with those
requirements. Alaska only submitted paragraph (b) to EPA for SIP
approval.\34\
---------------------------------------------------------------------------

    \34\ Paragraph (a) of 18 AAC 50.030 is not appropriate for SIP
approval because the EPA acts directly, as appropriate, on the
specific provisions in the State Air Quality Control Plan that have
been submitted by Alaska.
---------------------------------------------------------------------------

    Paragraph (b) makes clear that any source subject to Reasonably
Available Control Technology (RACT), Best Available Control Measures
(BACM), and Best Available Control Technology (BACT) under the State
Air Quality Control Plan must comply with those applicable
requirements. RACT, BACM, and BACT are terms defined in the Clean Air
Act and in the EPA's implementing regulations, and Alaska has adopted
these Federal definitions by reference into State regulation at 18 AAC
50.990.\35\ Please see Section D.2.G in this preamble for further
discussion.
---------------------------------------------------------------------------

    \35\ Alaska requested approval of this new regulation in the
November 28, 2018, SIP submission. This submission is included in
the docket of this action.
---------------------------------------------------------------------------

    The addition of paragraph (b) improves the enforceability of State-
adopted control measures, including those adopted for sources subject
to RACT, BACM, and BACT in the Fairbanks PM2.5 Nonattainment
Area. This enables Alaska to ensure that emission control measures as
RACT, BACM, and BACT in the State Air Quality Control Plan are adopted
and implemented. However, EPA's proposed approval of 18 AAC 50.030(b)
does not constitute a proposed determination regarding whether the
control measures the State identified as BACM or BACT in the Fairbanks
Serious Plan satisfy, in whole or in part, the control strategy
requirements in CAA section 189 and 40 CFR 51.1010. Therefore, we are
proposing to approve and incorporate 18 AAC 50.030(b) by reference into
the Alaska SIP.
b. Emission Standards for Solid Fuel-Fired Heating Devices
    Solid fuel-fired heating device visible emissions standards are
found in 18 AAC 50.075. Alaska submitted revisions to paragraph (e)
that clarify and strengthens the compliance requirements associated
with PM2.5 air episode declaration that prohibits operation
of solid fuel-fired heating devices. To comply, operators must withhold
fuel from the device and ensure that burning has ceased within three
hours of the effective time of the declaration. The changes to
paragraph (e) make clear how to comply with such an air episode
declaration and thus strengthen this rule section. Therefore, we
propose to approve and incorporate by reference this change to 18 AAC
50.075.
    Alaska also added paragraph (f) to 18 AAC 50.075. Paragraph (f)
establishes a 20 percent opacity limit applicable in the Fairbanks
PM2.5 Nonattainment Area, regardless of whether the State
has called an air episode. This limit is similar to the 20 percent
opacity limit established in Fairbanks North Star Borough ordinance
2015-01, adopted into the Alaska SIP and approved by the EPA as part of
the Fairbanks Moderate Plan on September 8, 2017 (82 FR 42457). We are
deferring action on paragraph (f) because we intend to address it in a
separate action.
c. Requirements for Wood Sellers
    The current version of 18 AAC 50.076 in the Alaska SIP requires
commercial wood sellers serving the Fairbanks North Star Borough to
register with Alaska Department of Environmental Conservation, if the
Fairbanks PM2.5 Nonattainment Area is reclassified from
Moderate to Serious. On May 10, 2017, the EPA reclassified the
Fairbanks PM2.5 Nonattainment Area to Serious, effective
June 9, 2017, therefore mandating wood seller registration. Because
this provision has been triggered by the reclassification to Serious
and is now in effect, Alaska removed the trigger language.
    The revisions to this rule section also require that registered
commercial wood sellers serving the Fairbanks North Star Borough
conduct moisture testing in accordance with this rule. Furthermore, the
requirements become more stringent on October 1, 2021. Upon that date
and going forward, commercial wood sellers serving the Fairbanks North
Star Borough must ensure all dry wood is processed and monitored so as
to remain dry, and may sell wet wood only if certain conditions
designed to prevent burning of the wet wood are met. These conditions
include minimum size requirements, moisture disclosure requirements,
and a confirmation from the seller in writing that a buyer is capable
of drying the wood by the next winter season. Wood sellers must
document and report periodically on these practices and those that fail
to comply will be subject to remedial training, a notice of violation,
revocation of their registration, and/or enforcement action. Non-
commercial wood sellers are prohibited from selling wet wood in the
Fairbanks PM2.5 Nonattainment Area. These rule revisions
constitute more stringent

requirements for wood sellers, so we are approving these revisions as
SIP strengthening.
    Consistent with our prior action on September 8, 2017, we propose
to approve but not incorporate by reference the enforcement provision
at paragraph (g)(11) to avoid conflict with the EPA's independent
authorities (82 FR 42457).
d. Standards for Wood-Fired Heating Devices
    Wood-fired heating device standards are found in 18 AAC 50.077. The
State submitted changes to this section that require removal of
unapproved and uncertified wood-fired heating devices when residences
are sold and leased, prevent the installation of wood-fired heating
devices as the primary heat source in new construction, and restrict
the sale and advertising of devices that do not meet the stricter
standards. In addition, Alaska revised the regulations regarding non-
certified device removal upon sale of property and a mandatory dry wood
compliance program. Prior to these revisions, these regulations became
effective only upon an EPA determination that, among other things, the
Fairbanks PM2.5 Nonattainment Area failed to attain the 2006
PM2.5 NAAQS by the Moderate area attainment date. EPA made
such a determination on May 10, 2017 (82 FR 21711). Accordingly, Alaska
revised the regulation to remove the now-irrelevant contingency
language and to make these regulations fully effective.
    Within the new wood-fired heating device standards, Alaska included
a new rule section, 18 AAC 50.077(n) that adopted two contingency
measures that will be triggered upon any of the determinations listed
in 40 CFR 51.1014(a). The first measure requires owners of older EPA-
certified wood fired heating devices with an emission rating above 2.0
grams per hour (g/hr), manufactured 25 years prior to the effective
date of an EPA finding that triggers this measure, to remove the device
upon the sale of a property or by December 31, 2024, whichever is
earlier. The second measure requires owners of EPA-certified devices
that were manufactured less than 25 years prior to the EPA finding to
remove the device prior to reaching 25 years from the date of
manufacture. Control measures targeting the older EPA certified devices
will provide additional emission reduction benefits beyond Alaska's
current home heating control measures. Estimates of the projected
emissions reductions attributable to these measures are included in the
docket for this proposed action. These measures impose more stringent
requirements on owners of solid-fuel heating devices in the Fairbanks
PM2.5 Nonattainment Area, so we propose to approve these
measures as SIP strengthening.
    Therefore, we propose to approve and incorporate 18 AAC 50.077(n)
by reference into the Alaska SIP. As stated previously, however, we are
not proposing to determine whether the submitted revisions to this rule
satisfy, in whole or in part, the control strategy requirements in CAA
section 189 and 40 CFR 51.1010 or the contingency measure requirements
in CAA section 172(c)(9) and 40 CFR 51.1014. Upon final approval, the
Alaska SIP will incorporate 18 AAC 50.077 by reference, State effective
January 8, 2020, except paragraphs (g) and (q). These paragraphs were
not submitted for approval.
e. Limits on Sulfur Content of Fuel Oil
    Alaska submitted a new rule section, 18 AAC 50.078, designed to
limit the sulfur content of fuel oil used in oil-fired equipment such
as residential space heaters. This limit applies after September 1,
2022. We propose to approve and incorporate 18 AAC 50.078(a) and (b) by
reference into the Alaska SIP because these measures constitute more
stringent standards on fuel sulfur content in the Fairbanks
PM2.5 Nonattainment Area than what is currently in the SIP.
In addition, 18 AAC 50.078(c) and 18 AAC 50.078(d) include new
requirements for small area sources of PM2.5 including
commercial charbroilers, commercial incinerators, commercial used oil
burners, and commercial coffee roasters. We are deferring action on 18
AAC 50.078(c) and 18 AAC 50.078(d).
f. Provisions for Coal-Fired Heating Devices
    Alaska added a new rule section, 18 AAC 50.079, to address
emissions from coal-fired heating devices and submitted follow-up
revisions to this rule section. The regulation at 18 AAC 50.079
prohibits a person who owns or operates a coal-fired heating device
from installing or reinstalling, supplying, selling, leasing,
distributing, conveying, or advertising for sale within the
nonattainment area. Coal-fired heating devices must be rendered
inoperable when properties change hands or no later than December 31,
2024.
    We note that this provision includes two exemptions, at paragraphs
(d) and (e). Alaska submitted paragraph (d) for approval. This
paragraph exempts devices that have passed approved wintertime emission
source tests from certain requirements. The emission source test must
be approved by ADEC, use a Federally approved method (40 CFR part 60,
appendix A-3, Method 5), and the maximum emission rate for any
individual test run does not exceed 18 g/hr of total particulate
matter. We have reviewed the exemption under 18 AAC 50.079(d) and find
it to be appropriately bounded, with specific criteria for an
exemption. Alaska did not submit paragraph 18 AAC 50.079(e) for
approval.
    In this action, we propose to approve and incorporate the submitted
revisions to 18 AAC 50.079 by reference into the Alaska SIP. These
revisions constitute more stringent standards for owners and operators
of coal-fired heating devices than what is currently in the SIP.
Accordingly, EPA proposes to approve these measures as SIP
strengthening. Upon final approval, the Alaska SIP will include 18 AAC
50.079, except paragraph (e).
g. Definitions
    The submissions revised 18 AAC 50.990 to update several air quality
definitions. Alaska clarified the definition of ``particulate matter''
for the purpose of meeting the wood-fired heating device emissions
standards established in 18 AAC 50.077.\36\ For this purpose,
``particulate matter'' corresponds with the definition in 40 CFR
60.531, subpart AAA Standards of Performance for New Residential Wood
Heaters, and includes total particulate matter, as defined in that
federal provision. Alaska DEC also revised the definition of ``solid
fuel-fired heating device'' to make clear that certain dual-purpose
centralized heat distribution systems are excluded from this
definition.\37\
---------------------------------------------------------------------------

    \36\ Alaska requested approval of this revised regulation in the
November 28, 2018, SIP submission. This submission is included in
the docket of this action.
    \37\ Alaska requested approval of this revised regulation in the
November 28, 2018, SIP submission. This submission is included in
the docket of this action.
---------------------------------------------------------------------------

    As discussed previously in this document, the submissions revised
the Alaska SIP to adopt by reference the federal definitions of
``RACT'', ``BACM'', and ``BACT'', as of July 1, 2017.\38\ ``RACT'' is
defined as the federal definition in 40 CFR 51.100(o), ``BACM'' is
defined as the definition in 40 CFR 51.1000, and ``BACT'' is defined as
the definition in 40 CFR 52.21(b), except that it is limited to the
nonattainment pollutant and its defined

precursors as they apply in the Fairbanks PM2.5
Nonattainment Area.
---------------------------------------------------------------------------

    \38\ Alaska requested approval of this new regulation in the
November 28, 2018, SIP submission. This submission is included in
the docket of this action.
---------------------------------------------------------------------------

    Alaska DEC also added definitions for the terms ``catalytic
oxidizer'', ``charbroiler'', ``chain-driven charbroiler'', and ``used
oil'' to support the new information collection requirements for small
area sources in 18 AAC 50.078.\39\
---------------------------------------------------------------------------

    \39\ Alaska requested approval of this new regulation in the
Fairbanks Serious Plan submission.
---------------------------------------------------------------------------

    The added and revised definitions in 18 AAC 50.990 are consistent
with Clean Air Act requirements, therefore, we propose to approve and
incorporate the submitted revised definitions by reference into the
Alaska SIP.
h. Emergency Episode Plan
    EPA approved the Fairbanks Emergency Episode Plan as meeting
certain Moderate area control strategy requirements on September 8,
2017 (82 FR 42457). EPA subsequently approved the plan for purposes of
CAA section 110(a)(2)(G) requirements for the 2006 24-hour
PM2.5 NAAQS (November 28, 2018, 83 FR 60769). Alaska revised
the Fairbanks Emergency Episode Plan and submitted the updated plan as
part of the Fairbanks Serious Plan submission on December 13, 2019.
However, EPA did not act on the Fairbanks Serious Plan version, and
Alaska has since revised the Emergency Episode Plan and submitted the
updates for approval on December 15, 2020. EPA's most recent approval
of the Fairbanks Emergency Episode Plan (Volume II, Section III.D.5.11)
occurred on June 5, 2019 (84 FR 26019).
    As noted previously, on December 15, 2020, Alaska submitted an
updated Fairbanks Emergency Episode Plan as it applies to the Fairbanks
PM2.5 Nonattainment Area (Volume II, Section III.D.7.12).
Generally, the submitted plan strengthens the solid fuel burning device
curtailment program implemented via 18 AAC 50.075(e) and makes the
control measures within this emissions source category more stringent.
The submitted plan includes lower (more stringent) thresholds for air
quality episodes and advisory/alerts, along with updated exceptions
that have a limited duration and incentivize upgrading heating devices.
    In particular, Alaska revised the Air Quality Episode Thresholds
and Exceptions used to declare the two-stage curtailment program. Both
of the alert stages were lowered by 5 micrograms per cubic meter
([mu]g/m\3\) in this submission. The Stage 1 Air Alert requires solid
fuel burning devices to cease operation once PM2.5
concentrations exceed 20 [mu]g/m\3\.\40\ The Emergency Episode Plan
provides an exception during periods of power outage (Volume II,
Section III.D.7.12, Table 7.12-1). Otherwise, operation of a solid fuel
burning device during an air quality episode is prohibited unless the
device qualifies for a temporary waiver. Operation of a solid fuel
burning device during the Stage 1 Air Alert is allowed only if the
device meets certain qualifications and conditions (see Volume II,
Section III.D.7.12, Table 7.12-6 of the Fairbanks Serious Plan).
Specifically, the waiver is limited in duration and requires older
devices to be replaced in order to maintain the waiver. The Stage 2 Air
Alert requires solid fuel burning devices to cease operation once
PM2.5 concentrations rise above 30 micrograms per cubic
meter ([mu]g/m\3\). Waivers for Stage 1 and Stage 2 Alerts are provided
for a device owner or operator that qualifies for a No Other Adequate
Source of Heat (NOASH) waiver (see Volume II, Section III.D.7.12, Table
7.12-5 of the Fairbanks Serious Plan), but these waivers are also
limited in duration and require older devices to be replaced in order
to maintain the waiver. The Fairbanks Emergency Episode Plan included
in the December 15, 2020, submission includes a control measure that
will take effect upon an EPA finding under 40 CFR 51.1014(a) (``Stage 2
Air Alert Contingency Measure''). If triggered, the control measure
will lower the Stage 2 Air Alert threshold from 30 [mu]g/m\3\ to 25
[mu]g/m\3\. See Table 1 below.
---------------------------------------------------------------------------

    \40\ According to the Emergency Episode Plan, ADEC air quality
specialists use an air quality forecasting tool called the AQ Alert
Model to issue forecasted curtailments by 2:00 p.m. local time.
Before declaring a curtailment on the operation of solid fuel-fired
heating devices, DEC reviews the relevant and available
meteorological data, weather forecasts, affected area, strength of
the inversion, and potential duration of the inversion. Other inputs
include the afternoon forecast of dispersion conditions issued by
the National Weather Service forecasting office in Fairbanks and the
assessment by ADEC personnel of many factors based on their long-
standing experience in observing air quality in Fairbanks, including
the rate of change in concentrations at the monitors and the
location and movement of weather fronts seen in satellite photos.
DEC sometimes calls an Alert that does not include a curtailment if
weather conditions indicate a clearing prior to any impact of a
curtailment taking effect.

                                      Table 1--Alaska's Table 7.12-1 Air Quality Episode Thresholds and Exceptions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Stage 2 air alert  contingency
           Episode feature                       Stage 1 air alert                      Stage 2 air alert                          measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM2.5 Threshold, micrograms per cubic  20...................................  30..................................  25.
 meter, ([mu]g/m\3\).
Exceptions During a Power Outage.....  Yes..................................  Yes.................................  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Fairbanks Emergency Episode Plan also includes Air Advisories
that allow Alaska to request voluntary curtailment actions prior to
reaching PM2.5 concentrations that trigger the Air Alerts
and mandatory curtailment requirements. Air Advisories are declared
when PM2.5 concentrations exceed 15 [mu]g/m\3\ (24-hour
rolling average). The Air Advisory was lowered by 5 [mu]g/m\3\ in this
submission. See Table 2 below.

           Table 2--Alaska's Table 7.12-3 Advisory/Alert Level
------------------------------------------------------------------------
                                                        24-hour average
                                                             PM2.5
                        Type                             concentration
                                                          ([mu]g/m3)
------------------------------------------------------------------------
Advisory Alert......................................                 15
------------------------------------------------------------------------

    Alaska's revisions to the Fairbanks Emergency Episode Plan improve
the State's ability to implement the solid fuel burning device
curtailment program via 18 AAC 50.075(e) and make the related control
measures more stringent. Specifically, the revised PM2.5
thresholds for the two-stage program will result in reduced emissions
from solid fuel burning devices, particularly during the winter months.
Therefore, we propose to approve and incorporate Volume II, Section
III.D.7.12 of the State Air Quality Control Plan by reference into the
Alaska SIP. As stated earlier, EPA is proposing to approve the
Fairbanks Emergency Episode Plan as SIP strengthening and is not
proposing to determine whether the Plan satisfies, in whole or in part,
the control strategy requirements in CAA section 189 and 40 CFR 51.1010
or the contingency

measure requirements in CAA section 172(c)(9) and 40 CFR 51.1014.

IV. Summary of Proposed Action

    In this action, EPA is proposing to approve the submitted revisions
to the Alaska SIP as meeting the following Serious Plan required
elements for the 2006 24-hour PM2.5 NAAQS Fairbanks
Nonattainment Area:
     The 2013 base year emissions inventory (CAA section
172(c)(3); 40 CFR 51.1008(b)(1));
     The State's PM2.5 precursor demonstration for
NOX and VOC emissions (CAA section 189(e) 40 CFR
51.1006(a)); and
    The EPA is proposing to approve the submitted sections of the
Alaska Air Quality Control Plan for the Fairbanks PM2.5
Nonattainment Area, State effective January 8, 2020:
     Volume II Section III.D.7.06 and Volume III Section
III.D.7.06 Emissions Inventory for purposes of the 2013 base year
emissions inventory;
     Volume II Section III.D.7.08 Precursor Demonstration, for
the purposes of NOX and VOC emissions as it relates to BACM/
BACT control measure requirements; and
    Further, the EPA is proposing to approve the submitted section of
the Alaska Air Quality Control Plan for the Fairbanks PM2.5
Nonattainment Area, State effective December 25, 2020:
     Volume II Section III.D.7.12, Emergency Episode Plan.\41\
---------------------------------------------------------------------------

    \41\ Submitted on December 15, 2020 and included in the docket.
EPA is not at this time proposing to determine whether this updated
planning chapter, in conjunction with the associated regulatory
changes, meets other Serious area nonattainment plan requirements
for the 2006 24-hour PM2.5 NAAQS in the Fairbanks
PM2.5 Nonattainment Area.
---------------------------------------------------------------------------

    EPA is also proposing to approve and incorporate by reference
submitted regulatory changes into the Alaska SIP. EPA is not at this
time proposing to determine whether these provisions also meet other
Serious area nonattainment plan requirements for the 2006 24-hour
PM2.5 NAAQS in the Fairbanks PM2.5 Nonattainment
Area. Upon final approval, the Alaska SIP will include:
     18 AAC 50.030, except (a), State effective January 12,
2018;
     18 AAC 50.075, except (d)(2) and (f), State effective
January 8, 2020;
     18 AAC 50.076, except (g)(11), State effective January 8,
2020;
     18 AAC 50.077, except (g) and (q), State effective January
8, 2020;
     18 AAC 50.078, except (c) and (d), State effective January
8, 2020;
     18 AAC 50.079, except (e), State effective January 8,
2020; and
     18 AAC 50.990(71), (138), (149), (150), (151), (152),
(153), (154), and (155), State effective January 8, 2020.
    EPA is soliciting public comments on these proposed actions.

V. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text in an
EPA final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the regulations described in Section IV of this preamble. 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).

VI. 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 Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve 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 (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 application of those requirements would be inconsistent
with the Clean Air Act; 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 obligations discussed herein do not apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. This proposed action 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, Carbon monoxide,
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: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03064 Filed 2-19-21; 8:45 am]
BILLING CODE 6560-50-P


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[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Notices]
[Page 8657]
[DOCID:fr14fe08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RM05-30-000]

 Rules Concerning Certification of the Electric Reliability
Organization and Procedures for the Establishment, Approval and
Enforcement of Electric Reliability Standards; Notice of New Docket
Prefix ``NP'' for Notices of Penalty Filed by the North American
Electric Reliability Corporation

February 7, 2008.
    Notice is hereby given that a new docket prefix ``NP'' has been
established for Notices of Penalty filed by the North American Electric
Reliability Corporation (NERC) pursuant to Order No. 672, issued
February 3, 2006.\1\
---------------------------------------------------------------------------

    \1\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards (Order No. 672), III
FERC Stats. & Regs. ] 31,204 (2006).
---------------------------------------------------------------------------

    Regional Entities have authority under Order No. 672 to assess
penalties for violations of Reliability Standards approved by the
Commission. After a Regional Entity assesses a penalty, NERC reviews
it. If appropriate, NERC will make a filing with the Commission called
a ``Notice of Penalty.''
    Each ``Notice of Penalty'' will receive a new ``NP'' docket
number.\2\
---------------------------------------------------------------------------

    \2\ The Commission had previously indicated that a Notice of
Penalty will receive an ``RC'' docket number. Notice of New RR, RD,
and RC Prefixes, issued April 7, 2006. The current Notice of New
Docket Prefix supersedes our previous designation. The ``RC'' docket
prefix will continue to be used for other filings relating to
compliance with Reliability Standards, including appeals of
registration decisions made by NERC.
---------------------------------------------------------------------------

    Notices of Penalty may be submitted using the Commission's
electronic filing system (http://www.ferc.gov/docs-filing/efiling.asp).
The Commission intends to release a new version of its electronic
filing system on February 29, 2008. The new version will greatly expand
the documents eligible for efiling and will eliminate the need for most
of the special filing procedures currently posted on the Commission's
Web site. If NERC plans to file any Notices of Penalty before February
29, 2008, NERC should contact the efiling Help Line<PHONE_NUMBER>;
<EMAIL_ADDRESS>in advance of filing to request pre-assignment of an
NP Docket Number. If NERC plans to file any Notice of Penalty that
includes non-public information, or an entity seeks to file an
Application for Review that includes non-public information, contact
the efiling Help Line.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-2730 Filed 2-13-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75135-75136]
[FR Doc No: 2022-26507]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0091; Notice 1]

Navistar, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Navistar, Inc., (Navistar), has determined that certain model
year (MY) 2022-2023 IC Bus school and commercial buses do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205,
Glazing Materials. Navistar filed two noncompliance reports dated
November 17, 2021. Navistar petitioned NHTSA on December 16, 2021, for
a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Navistar's petition.

DATES: Send comments on or before January 6, 2023.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Jack Chern, General Engineer, NHTSA,
Office of Vehicle Safety Compliance,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Overview: Navistar determined that side window glazing supplied
by Custom Glass Solutions and installed on certain MY 2022-2023 IC Bus
school and commercial buses do not fully comply with paragraph S6.2 of
FMVSS No. 205, Glazing Materials (49 CFR 571.205).
    Navistar filed an original noncompliance report dated November 17,
2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Navistar petitioned NHTSA on December 16,
2021, for an exemption from the notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that they believe this noncompliance
is inconsequential as it relates to motor vehicle safety, pursuant to
49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Navistar's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 1,289 MY 2022-2023 IC Bus CE
and EV school buses, manufactured between July 26, 2021, and October 7,
2021, and approximately 4 MY 2022 IC Bus CE commercial buses
manufactured between August 26, 2021, and September 14, 2021, are
potentially involved.
    III. Noncompliance: Navistar explains that noncompliance is that
the two side pieces of the flat three-piece windshield installed in the
subject vehicles was incorrectly marked as ``AS2'' when it should have
been marked as ``AS1'' and therefore, does not comply with paragraph
S6.2 of FMVSS No. 205.

    IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the
requirements relevant to this petition. A prime glazing manufacturer
marks its glazing with the AS number required by section 7 of ANSI/SAE
Z26.1-1996 (incorporated by reference, see Sec.  571.5).
    V. Summary of Navistar's Petition: The following views and
arguments presented in this section, ``V. Summary of Navistar's
Petition,'' are the views and arguments provided by Navistar. They have
not been evaluated by the Agency and do not reflect the views of the
Agency. Navistar describes the subject noncompliance and contends that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
    Navistar explains that there is ``no potential safety consequence''
because the side window glass supplied by Custom Glass Solutions (CGS)
in the subject vehicles meets the AS1 requirements as specified by
FMVSS No. 205 even though it was incorrectly marked as AS2. Navistar
says that other than the incorrect marking, ``the material itself is
fully compliant to the standard.'' Navistar included with its petition
the test report confirming that the glazing material itself is actually
meeting the requirements of AS1 glazing, and that just the labeling was
incorrect.
    Navistar says that despite the incorrect marking, ``the correct
part was sold and shipped to Navistar for use as windshields.''
According to Navistar, the subject noncompliance ``could not result in
the wrong replacement part ordered'' because the part is ordered using
``its unique part number and not the `M number' (which corresponds to
the glass construction from which the part is fabricated.''
    Navistar concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Navistar no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-26507 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-59-P