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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
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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 g11 to avoid conflict with the EPAs 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 50.077n that adopted two contingency measures that will be triggered upon any of the determinations listed in 40 CFR
51.1014a. 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 Alaskas 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
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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 50.077n 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 172c9 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 oilfired equipment such as residential space heaters. This limit applies after September 1, 2022. We propose to approve and incorporate 18 AAC
50.078a 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 50.078c and 18 AAC 50.078d 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 50.078c and 18 AAC 50.078d.
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,
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use a Federally approved method 40
CFR part 60, appendix A3, 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
50.079d and find it to be appropriately bounded, with specific criteria for an exemption. Alaska did not submit paragraph 18 AAC 50.079e 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 dualpurpose centralized heat distribution systems are excluded from this definition.37
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 51.100o, BACM is defined as the definition in 40 CFR 51.1000, and BACT is defined as the definition in 40 CFR 52.21b, except that it is limited to the nonattainment pollutant and its defined 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.
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.

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