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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
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under 18 AAC 50.077a that prohibits the sale and installation of cordwoodfueled outdoor hydronic heaters in the Fairbanks PM2.5 Nonattainment Area.
Central Boiler/Woodmaster states that these devices are not given consideration by the state based on emissions or performance like other wood heating appliances.
Response 6: Consistent with CAA
requirements and the EPAs PM2.5
Implementation Rule, Alaska has authority to prohibit the sale and installation of devices that contribute to PM2.5 concentrations in the Fairbanks PM2.5 Nonattainment Area, such as cordwood-fueled outdoor hydronic heaters, to bring the area into attainment. We note that, under 18 AAC
50.077b, Alaska does permit pelletfueled wood-fired hydronic heaters for use in the Fairbanks PM2.5
Nonattainment Area, if specific device performance criteria meet Alaska regulations. Therefore, the EPA is finalizing the approval of 18 AAC
50.077b as proposed.
Comment 7: HPBA notes that while point sources electric power plants constitute the largest source of SO2
emissions in the Fairbanks PM2.5
Nonattainment Area, ADEC, in many instances, did not require additional source-level controls on several large facilities. HPBA states that ADEC did not require installation of new control technologies for SO2 even though the average daily emissions from these point sources are nearly three times larger than sources of directly-emitted PM2.5 from woodstoves.
Response 7: The EPA agrees with the commenter that the largest source category of SO2 emissions is point sources, including electric power plants, and that SO2 is a significant contributor to PM2.5 concentrations in the Fairbanks PM2.5 Nonattainment Area. On December 13, 2019, Alaska submitted a best available control technology BACT control analysis for specific point sources located in the area, including several electric power plants, as part of the Fairbanks Serious Plan.
However, we consider this comment to be outside the scope of this action. In this action, the EPA is evaluating rule revisions that ADEC has adopted to address direct PM2.5 emissions from wood-fired heating devices. We did not propose action on the BACT Serious area planning requirements, including the issue of appropriate regulation of SO2 emissions from point sources, as part of this action. We intend to address Alaskas best available control measures BACM/BACT control analysis, and any supplemental BACT control analysis submissions, in a separate action. We
Continued
authority in CAA section 111 to establish performance standards for categories of new sources. Distinct from CAA section 111, Congress required in CAA section 110 that states have an overarching SIP to implement, maintain, and enforce the NAAQS. If states have designated nonattainment areas, then they must make a nonattainment plan SIP submission meeting additional specific requirements. State regulation of sources more stringently for purposes of meeting SIP requirements does not interfere or undermine the EPAs authority to regulate new sources under the CAA. With few exceptions, states are not preempted from regulating source categories more stringently and have explicit authority in CAA section 116 to do so.
The EPA disagrees with the commenters assertion that ADEC did not consider compliance costs. In ADECs Response to Comments, Alaska acknowledged the potential increased costs to certification testing. ADEC
stated that the intention is to provide a meaningful equivalent control measure to a 1.0 grams per hour average emissions limit, while also allowing a range of devices to be sold and used in the Fairbanks PM2.5 Nonattainment Area. As discussed in Response 1 in this preamble, states have explicit authority to regulate a source category more stringently than may be required in a Federal regulation. The EPAs role is to review and approve state choices if they meet applicable CAA requirements. See 42 U.S.C. 7410k and 40 CFR 52.02a;
see also Union Elec. Co. v. EPA, 427
U.S. 246, 256266 1976 holding that the EPA may not disapprove a state implementation plan that meets the requirements of CAA Section 110a2
on the basis of technological or economic infeasibility. There is nothing in the CAA that prevents states from imposing SIP requirements that are more stringent than Federal NSPS
standards.
Regarding woodstove device testing certifications and ISO17025
accreditations, the 2015 NSPS stipulates that for new residential wood heaters, new residential hydronic heaters, and forced-air furnaces 80 FR 13672, a test laboratory must agree to participate biennially in an independently operated proficiency testing program with no direct ties to the participating laboratories. Further, the EPA
Administrator may revoke a test laboratory approval if a test laboratory has failed to participate in a proficiency testing program, in accordance with 40
CFR 60.535.
Comment 6: Central Boiler/
Woodmaster objects to the provision
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encourage the commenter to resubmit the comment during the public comment period of our future action on the BACT control analysis.
Conclusion The EPA finds that the comments do not change our proposed determination that the regulations submitted by Alaska are consistent with CAA requirements and strengthen the SIP. Therefore, we are finalizing our action as proposed.
III. Final Action In this action, the EPA is approving a portion of the submitted revisions to the Alaska SIP as meeting the following Serious Plan required elements for the Fairbanks PM2.5 Nonattainment Area:
The 2013 base year emissions inventory CAA section 172c3; 40
CFR 51.1008b1; and The States PM2.5 precursor demonstration for NOX and volatile organic compound VOC emissions CAA section 189e; 40 CFR
51.1006a.
We reiterate that Alaskas precursor analysis did not address nonattainment New Source Review 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 Alaskas 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.
Specifically, the EPA is approving 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 approving 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.3
3 Submitted on December 15, 2020 and included in the docket. The EPA is not at this time determining whether this updated planning chapter, in conjunction with the associated regulatory changes, meets other Serious area nonattainment plan requirements for the 2006 24-

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