Federal Register - February 22, 2021

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Source: Federal Register

tkelley on DSKBCP9HB2PROD with PROPOSALS

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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
Moderate nonattainment area requirements 82 FR 42457, September 8, 2017 Fairbanks Moderate Plan.
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
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
50.030a. On January 9, 2020, in accordance with section 110k1B
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 188e of the CAA. On September 2, 2020, EPA determined that the area failed to attain by the Serious 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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area attainment date and denied the States 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 189d of the CAA by December 31, 2020.
Alaska submitted the revised plan on December 15, 2020. Alaskas 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
50.030a.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.
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 PM2.5 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 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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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
51.1003b, Serious area nonattainment plans must address the following requirements:
1. Base year emissions inventory meeting the requirements of CAA
section 172c3 and 40 CFR
51.1008b1;
2. Attainment projected emissions inventory meeting the requirements of CAA section 172c1 and 40 CFR
51.1008b2;
3. Serious area nonattainment plan control strategy meeting the requirements of CAA section 189b1B 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 189b1B;
4. Attainment demonstration and modeling meeting the requirements of CAA sections 188c2 and 189b1A
and 40 CFR 51.1011;
5. Reasonable further progress RFP
provisions meeting the requirements of CAA section 172c2 and 40 CFR
51.1012;
6. Quantitative milestones meeting the requirements of CAA section 189c and 40 CFR 51.1013;
5 CAA section 189b, 42 U.S.C. 7513ab; see also 81 FR 58010, 5807458075, August 24, 2016.
6 81 FR 58010. Prior to promulgating the PM
2.5
SIP Requirements Rule, EPA provided its interpretations of the CAAs 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 PM10
Nonattainment Areas, and Attainment Date Waivers for PM10 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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Federal Register - February 22, 2021

TitoloFederal Register

PaeseStati Uniti

Data22/02/2021

Conteggio pagine272

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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