[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29879-29882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09874]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 52
[EPA-R10-OAR-2019-0412; FRL-10008-76-Region 10]
Determination of Failure To Attain by the Attainment Date and
Denial of Serious Area Attainment Date Extension Request; AK: Fairbanks
North Star Borough 2006 24-Hour Fine Particulate Matter Serious
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Fairbanks North Star Borough nonattainment area
failed to attain the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS) by
the December 31, 2019 ``Serious'' area attainment date. This proposed
determination is based on complete, quality-assured and certified
PM2.5 monitoring data for 2017-2019. The EPA is also
proposing to deny the State's request for an extension of the Serious
area attainment date for the Fairbanks North Star Borough nonattainment
area. Upon finalization of these determinations, the State will be
subject to further statutory and regulatory requirements for this area,
including a new State Implementation Plan (SIP) submission meeting
additional requirements that the State must submit by December 31,
2020.
DATES: Comments must be received on or before June 18, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0412, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The 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. The 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 at (206) 553-0340, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Summary of Proposal and Background
II. Criteria for Determining Whether an Area Has Attained the 2006
24-Hour PM2.5 NAAQS
[[Page 29880]]
III. Proposed Finding of Failure To Attain the NAAQS
IV. Proposed Action on CAA Section 188(e) Extension Request
V. Summary of Proposed Action
VI. Statutory and Executive Order Reviews
I. Summary of Proposal and Background
In 2009, the 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).
On May 10, 2017, the Fairbanks PM2.5 Nonattainment Area was
reclassified as a ``Serious'' nonattainment area by operation of law
for failure to attain this NAAQS by the outermost Moderate area
attainment date of December 31, 2015 (82 FR 21711). Clean Air Act (CAA)
section 188(c)(2) requires states with PM2.5 nonattainment
areas classified as Serious to attain the NAAQS as expeditiously as
practicable, but no later than the end of the tenth calendar year
following the effective date of the initial nonattainment designation
of the area. Thus, for the Fairbanks PM2.5 Nonattainment
Area, the attainment date was as expeditiously as practicable but no
later than December 31, 2019. CAA section 179(c)(1) requires that the
EPA, as expeditiously as practicable after the applicable attainment
date for any nonattainment area but no later than 6 months after such
date, determine whether the area attained the relevant NAAQS by the
applicable attainment date, based on the area's air quality as of the
attainment date. The 2017-2019 24-hr PM2.5 design value at
the Hurst Road monitor (Air Quality System (AQS) site monitor 02-900-
0035) in the Fairbanks PM2.5 Nonattainment Area is 69 [mu]g/
m\3\.\1\
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\1\ The EPA's review of Alaska's certified 2017-2019 air quality
monitor data for the Fairbanks PM2.5 Nonattainment Area
is included in the docket for this action.
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In accordance with CAA section 189(b)(1) and 40 CFR 51.1004(a)(2),
if a state's attainment plan for the 2006 24-hour PM2.5
NAAQS demonstrates that the PM2.5 nonattainment area cannot
practicably attain the PM2.5 NAAQS by the end of the tenth
calendar year following designation, the state must request an
extension of that attainment date pursuant to CAA section 188(e). The
State included such a request in its December 13, 2019 Serious
attainment plan for the Fairbanks PM2.5 Nonattainment Area
(Fairbanks Serious SIP Submission).
II. Criteria for Determining Whether an Area Has Attained the 2006 24-
Hour PM2.5 NAAQS
Under EPA regulations at 40 CFR part 50, appendix N, the 2006
primary and secondary 24-hour PM2.5 NAAQS are met within a
nonattainment area when the 24-hour PM2.5 NAAQS design value
at each eligible monitoring site is less than or equal to 35 [mu]g/
m\3\. Three years of valid annual PM2.5 98th percentile mass
concentrations are required to produce a valid 24-hour PM2.5
NAAQS design value.
The EPA's determination of attainment status is based upon data
that the State has collected and quality-assured in accordance with 40
CFR part 58 and recorded in the EPA's AQS database. Ambient air quality
monitoring data for the 3-year period must meet data completion
criteria or data substitution criteria according to 40 CFR part 50,
appendix N. The ambient air quality monitoring data completeness
requirements are met when quarterly data capture rates for all four
quarters in a calendar year are at least 75 percent. However, appendix
N states that years shall be considered valid, notwithstanding quarters
with less than complete data, if the resulting annual 98th percentile
value or resulting 24-hour NAAQS design value is greater than the level
of the standard.
III. Proposed Finding of Failure To Attain the NAAQS
According to CAA section 188(c)(2), the attainment date for the
Fairbanks PM2.5 Nonattainment Area for the 2006 24-hr
PM2.5 Serious nonattainment area was to be as expeditiously
as practicable, but not later than December 31, 2019. Because the 2017-
2019 24-hour PM2.5 design value for the area of 69 [mu]g/
m\3\ is above the level of the relevant NAAQS, the Fairbanks
PM2.5 Nonattainment Area did not attain the NAAQS by the
applicable attainment date. Therefore, the EPA is proposing to find
that the Fairbanks PM2.5 Nonattainment Area failed to attain
the 2006 24-hour NAAQS by the outermost applicable Serious area
nonattainment date.
IV. Proposed Action on CAA Section 188(e) Extension Request
In accordance with CAA section 189(b)(1)(A) and 40 CFR
51.1004(a)(2)(ii), a state that submits an attainment plan SIP
submission that demonstrates that a Serious PM2.5
nonattainment area cannot practicably attain the PM2.5 NAAQS
by the end of the tenth calendar year following the effective date of
designation \2\ must request to extend the Serious area attainment date
pursuant to CAA section 188(e) and 40 CFR 51.1005(b). In accordance
with 40 CFR 51.1004(a)(2)(ii), the state's extension request must also
propose a projected attainment date that is as expeditious as
practicable, but no later than the fifteenth calendar year following
the effective date of designation for the area.\3\
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\2\ For the Fairbanks PM2.5 Nonattainment Area, the
tenth calendar year following the effective date of redesignation is
December 31, 2019.
\3\ For the Fairbanks PM2.5 Nonattainment Area, the
fifteenth calendar year following the effective date of designation
is December 31, 2024.
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Consistent with CAA section 188(e) and 40 CFR 51.1005(b), the EPA
may grant at most one extension for a Serious nonattainment area of no
more than five years, if the following conditions are met: (i) The
state demonstrates that attainment of the applicable PM2.5
NAAQS by the approved or statutory attainment date for the area would
be impracticable; (ii) the state has complied with all requirements and
commitments pertaining to the area in the applicable implementation
plan; and, (iii) the state demonstrates that the attainment plan for
the area includes the most stringent measures (MSM) that are included
in the implementation plan of any state or are achieved in practice in
any state, and can feasibly be implemented in the area consistent with
40 CFR 51.1010(b).
The Fairbanks Serious SIP Submission includes a demonstration that
attainment of the PM2.5 NAAQS by December 31, 2019, is not
practicable. The Fairbanks Serious SIP Submission also includes a
request pursuant to CAA section 188(e) and 40 CFR 51.1005(b) to extend
the Serious area nonattainment date to December 31, 2024.\4\ The EPA is
proposing to deny the State's extension request based on the reasoning
below.
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\4\ State Air Quality Control Plan Volume II: III.D.7.9.
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Alaska's request does not propose a projected attainment date on or
before December 31, 2024. The Attainment Demonstration chapter of the
Fairbank Serious SIP Submission includes two projected attainment
dates: December 31, 2024 and December 31, 2029.\5\ As explained by the
State in the Fairbanks Serious SIP Submission, the modeling associated
with the 2024 projected attainment date assumes that all wood-burning
within the nonattainment area ceases when required (i.e., 100%
compliance with the Stage 2 curtailments except for those structures
that qualify for No Other Adequate
[[Page 29881]]
Source of Heat (NOASH) waivers).\6\ According to the State, however,
due to the sub-arctic conditions and high energy costs in the
community, this projection is unrealistic and not practicable.\7\ The
State thus predicts that 2029 is the most expeditious attainment date.
Therefore, the State's attainment date extension request does not
comply with the explicit timing requirements and limitations of 40 CFR
51.1004(a)(2)(ii) or with those of CAA section 188(e).
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\5\ Id.
\6\ Id. at 5.
\7\ Id.
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The Fairbanks Serious SIP Submission also does not include MSMs
that are included in the attainment plan of any state, or are achieved
in practice in any state, that can feasibly be implemented in the
Fairbanks area. EPA regulations at 40 CFR 51.1010(b) specify the
process states must follow to identify, adopt, and implement MSMs. In
accordance with 40 CFR 51.1010(b)(2)(i), for the sources and source
categories represented in the emission inventory for the nonattainment
area, the state is required to identify the MSMs for reducing direct
PM2.5 and PM2.5 plan precursors adopted into any
SIP or used in practice to control emissions in any state. The
Fairbanks Serious SIP Submission does not demonstrate that Alaska
identified, adopted, and implemented MSMs for each source or source
category in the emissions inventory. The Control Strategy chapter of
the Fairbanks Serious SIP Submission focuses exclusively on
identifying, adopting, and implementing best available control measures
(BACM) pursuant to CAA section 189(b) and 40 CFR 51.1010(a).\8\
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\8\ State Air Quality Control Plan Volume II: III.D.7.7. The EPA
is not proposing action on the control strategy element of the
Fairbanks Serious SIP Submission. Therefore, nothing in this
proposed action shall be construed as a determination regarding
whether the Fairbanks Serious SIP Submission includes control
measures that meet the CAA and regulatory requirements.
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In the Fairbanks Serious SIP Submission, Alaska adopted one measure
that it identified as an MSM for the residential home heating source
category.\9\ However, instead of imposing this measure for purposes of
meeting the MSM requirement for this source category, the State relies
upon this same measure to address the contingency measure requirement
of the Serious area attainment plan SIP.\10\ Thus, for the one measure
the State identified as constituting an MSM, the measure is not
currently implemented as required to meet the MSM requirement. In
addition, in accordance with 40 CFR 51.1014(b)(1), contingency measures
cannot consist of a measure required or relied upon as part of the
control strategy.\11\
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\9\ State Air Quality Control Plan Volume II: III.D.7.7-33.
\10\ Alaska Administrative Code, Title 18, Section 50.077(n).
\11\ The EPA is not proposing action on the contingency measure
element of the Fairbanks Serious SIP Submission. Therefore, nothing
in this proposed action shall be construed as a determination
regarding whether the Fairbanks Serious SIP Submission includes
contingency measures that meet the CAA and regulatory requirements.
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The submitted Fairbanks Serious SIP Submission does not demonstrate
that the State has identified, adopted, and implemented MSMs for
reducing direct PM2.5 and PM2.5 plan precursors.
Additionally, the State's attainment date extension request also does
not comply with the explicit timing requirements and limitations of 40
CFR 51.1004(a)(2)(ii) or with those of CAA section 188(e). For these
reasons, the EPA is proposing to deny the State's request to extend the
Serious area attainment date applicable to the Fairbanks
PM2.5 Nonattainment Area for the 2006 24-hour
PM2.5 NAAQS because the State's SIP submission does not meet
all applicable statutory and regulatory requirements.
V. Summary of Proposed Action
In this action, the EPA is proposing to determine that the
Fairbanks PM2.5 Serious Nonattainment Area failed to attain
the 2006 24-hour PM2.5 NAAQS by the applicable attainment
date of December 31, 2019. The EPA is also proposing to deny Alaska's
request for an extension of the Serious nonattainment date because the
statutory conditions for granting an extension are not met. The EPA is
taking comment on these two proposed actions.
If the EPA finalizes this action, the State will then be required
to make a SIP submission pursuant to CAA section 189(d) to the EPA by
December 31, 2020. In accordance with CAA sections 172(a)(2) and
179(d)(3) and 40 CFR 51.1004(a)(3), the attainment date for a Serious
PM2.5 nonattainment area that failed to attain the
PM2.5 NAAQS by the applicable Serious area attainment date
presumptively shall be as expeditious as practicable, but no later than
five years following the effective date of the EPA's finding that the
area failed to attain by the original Serious area attainment date.
However, the EPA may extend the attainment date to the extent the EPA
deems appropriate, for a period no greater than 10 years from the
effective date of the EPA's determination that the area failed to
attain, considering the severity of nonattainment and the availability
and feasibility of pollution control measures in the area.
VI. Statutory and Executive Order Reviews
This proposed action establishes no new requirements; it merely
documents that air quality in the Fairbanks PM2.5
Nonattainment Area did not meet the 2006 PM2.5 standards by
the CAA deadline. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 this action does not involve technical standards; 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 the 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
[[Page 29882]]
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: April 30, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-09874 Filed 5-18-20; 8:45 am]
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