Federal Register - February 22, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 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 mg/m3 significance threshold.
C. SIP Strengthening Measures 1. Summary of States 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 172c9 and 40 CFR
51.1014.33
a. State Air Quality Control Plan In the submissions, Alaska repealed and readopted 18 AAC 50.030, the rule section into which all State air quality control provisions are adopted by reference.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
b. Emission Standards for Solid FuelFired 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
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.
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.
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.
2. EPAs Evaluation and Proposed Action
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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
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 EPAs 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.
The addition of paragraph b improves the enforceability of Stateadopted 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, EPAs proposed approval of 18 AAC 50.030b 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 50.030b by reference into the Alaska SIP.
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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 201501, 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
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