95-3859. Approval and Promulgation of Implementation Plans: Alaska  

  • [Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
    [Rules and Regulations]
    [Pages 8943-8948]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3859]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [AK6-1-6587a; AK5-1-6437a; AK3-1-5851a; FRL-5147-8]
    
    
    Approval and Promulgation of Implementation Plans: Alaska
    
    AGENCY: Environmental Protection Agency.
    
    [[Page 8944]] ACTION: Direct final rule.
    
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    SUMMARY: The Environmental Protection Agency (EPA) takes action on and/
    or approves regulations from three submittals received from the Alaska 
    Department of Environmental Conservation (ADEC): submittal dated July 
    17, 1990 requesting our action to address out-of-date sections found in 
    40 CFR 52.73-52.96 relating to Alaska state implementation plan (SIP) 
    deficiencies, and including the applicable Alaska statutes to support 
    their request; submittal dated October 15, 1991 requesting approval of 
    amendments to regulations dealing with Air Quality Control, 18 AAC 50, 
    for inclusion into Alaska's SIP to assure compliance with Federal 
    ambient air quality standards for airborne particulate matter, and 
    submittal dated March 24, 1994 requesting approval of additional 
    amendments to 18 AAC 50, Air Quality Control, for inclusion into 
    Alaska's SIP to assure compliance with new source review permitting 
    requirements, the 1990 Clean Air Act Amendments (the Act), for sources 
    located in nonattainment areas for either carbon monoxide or 
    particulate matter. The above submittals include amendments to the 
    State Air Quality Control Plan, which is incorporated by reference in 
    18 AAC 50.
    
    DATES: This final rule will be effective on April 17, 1995 unless 
    adverse or critical comments are received by March 20, 1995. If the 
    effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Written comments should be addressed to:
        Montel Livingston, SIP Manager, Air & Radiation Branch (AT-082), 
    EPA, 1200 Sixth Avenue, Seattle, Washington 98101.
        Documents which are incorporated by reference are available for 
    public inspection at the Air and Radiation Docket and Information 
    Center, Environmental Protection Agency, 401 M Street, SW, Washington, 
    D.C. 20460.
        Copies of material submitted to EPA may be examined during normal 
    business hours at the following locations: EPA, Region 10, Air & 
    Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington 
    98101, and ADEC, 410 Willoughby, Suite 105, Juneau, Alaska 99801-1795.
    
    FOR FURTHER INFORMATION CONTACT: Montel Livingston, Air & Radiation 
    Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-0180.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On July 1, 1987 (52 FR 24634), EPA revised the national ambient air 
    quality standards (NAAQS) for particulate matter. Total suspended 
    particulate (TSP) was replaced as the indicator for particulate matter 
    ambient standard by a new indicator, particulate matter with a nominal 
    aerodynamic diameter of 10 micrometers or less in size (PM-10). In 
    response, ADEC amended its rules and regulations which dealt with 
    particulate matter to assure compliance with particulate NAAQS 
    throughout Alaska, and in addition, adopted numerous other changes, 
    including amendments to its regulations for new source review. The 
    package, dated October 15, 1991, was received by EPA on October 21, 
    1991, together with the proof of filing certification by the Lieutenant 
    Governor of Alaska and a certified copy of the regulations dealing with 
    Air Quality Control, 18 AAC 50, for inclusion into the SIP.
        An earlier package, submitted on July 17, 1990, requested EPA to 
    address out-of-date sections in the CFR and included Alaska statutes 
    which were applicable to the corrections.
        On March 24, 1994 further amendments to 18 AAC 50, including 
    amendments to the State Air Quality Control Plan (which is incorporated 
    by reference in 18 AAC 50), were submitted to EPA as a revision to the 
    Alaska SIP. These amendments include further changes to the regulations 
    for PM-10 and new source review.
    
    II. Description of Revisions
    
    A. Amendments to Air Quality Control Plan, October 15, 1991
    
        The October 15, 1991 submittal encompasses a broad range of topics. 
    Specifically, the amendments to 18 AAC 50:
        1. establish an ambient air quality standard for particulate matter 
    smaller than 10 microns;
        2. revise the provisions relating to wood-fired heating devices in 
    the Juneau Mendenhall Valley;
        3. establish air quality increments for oxides of nitrogen;
        4. reduce the visible emission standard for marine vessels from 40 
    percent to 20 percent opacity;
        5. change the incinerator permit size threshold from 1000 lb/hr 
    charging rate for an individual incinerator to 1000 lb/hr on the basis 
    of facility-wide capacity;
        6. establish a permit program that will allow new and modified 
    major carbon monoxide-emitting facilities to be constructed in 
    Anchorage and Fairbanks without disrupting progress towards attaining 
    compliance with the ambient air quality standards for carbon monoxide;
        7. establish a new air episode category called ``air quality 
    advisory'';
        8. restrict wood stove operation during an air quality advisory and 
    an air emergency;
        9. require a public notice and 30-day public comment period for all 
    new Air Quality Control Permits issued under 18 AAC 50.
        10. specify minimum requirements on quality assurance and quality 
    control for ambient monitoring programs; and
        11. clarify certain permit requirements and procedures, especially 
    issues pertaining to the definition and application of ``actual'' and 
    ``allowable'' emissions.
        EPA approves the following amendments to 18 AAC 50, Air Quality 
    Control Regulations, from the submission by ADEC dated October 15, 1991 
    for inclusion into the Alaska SIP.
    
    Article 1. Program Standards and Limitations
    
        Sections 020(a)(1) and 020(b), Ambient Air Quality Standards, are 
    revised to establish State ambient air quality standards and Prevention 
    of Significant Deterioration increments which are as stringent as the 
    Federal standards.
        Section 085, Wood-fired heating devices, is revised to establish 
    elements of the PM-10 control strategy which meet the criteria set 
    forth by EPA to assure attainment and maintenance of the PM-10 NAAQS.
        Section 100, Marine vessels, is revised to establish lower emission 
    standards that apply to all marine vessels within three miles of the 
    coastline of Alaska in order to reduce visibility problems encountered 
    in Alaska that are associated with marine vessels.
    
    Article 2. Permit Requirements
    
        Section 300(a)(3) is amended to require permits for incinerators 
    having a total combined rated capacity of 1,000 pounds per hour or 
    more.
        Section 300(a)(5), (6) and (8), Permit to Operate, are revised by 
    making numerous editorial changes for clarity.
        Section 300(a)(7), Permit to Operate, is revised by adding a 
    requirement for a permit to operate for facilities that provide 
    emission offsets.
        Section 300(a)(9), Permit to Operate, is revised by adding a new 
    provision which requires a permit to operate for facilities located 
    within ten kilometers of a nonattainment area, which have been 
    installed or modified after the [[Page 8945]] effective date of the 
    regulation change and have an allowable emission increase of 100 tons 
    per year of the nonattainment air contaminant.
        Section 300(d), Permit to Operate, is revised by changing the 
    requirements for new and modified major sources in nonattainment areas 
    to require emission offsets in lieu of using a growth allowance.
        Sections 300(e) and 300(g), Permit to Operate, are revised by 
    making a number of editorial changes for clarity.
        Section 300, Permit to Operate, is revised by adding a new 
    paragraph (h) which sets the requirements for sources required to have 
    a permit under the new Section 300(a)(9).
    
    Article 3. Permit Review Criteria
    
        Section 400(a), Application Review and Issuance of Permit to 
    Operate, is revised to require public notice of all applications of 
    facilities requiring a new Air Quality Control Permit to Operate and 
    for certain renewals.
        Sections 400 (b), (c), and (d), Application Review and Issuance of 
    Permit to Operate, are revised by making a number of editorial changes 
    for clarity.
        Section 400(c), Application Review and Issuance of Permit to 
    Operate, is revised by adding provisions for emission offsets in lieu 
    of an emissions allowance for new or modified major sources located in 
    a nonattainment area.
    
    Article 4. Regulation Compliance Criteria
    
        Section 510, Ambient Analysis Methods, is revised to clarify the 
    approved ambient monitoring procedures and quality assurance 
    requirements.
        Section 520, Air Quality Monitoring, is revised by making several 
    editorial changes.
    
    Article 5. Procedure and Administration
    
        Section 610, Air Episodes and Advisories, is revised by changing 
    the indicator for particulate matter from TSP to PM-10, lowering the 
    concentrations for declaring an air alert, warning, or emergency, and 
    adding a provision allowing ADEC to declare an air advisory and to 
    request voluntary emission curtailments from operators of air 
    contaminant sources.
        Section 620, Air Quality Control Plan, is revised to reflect the 
    date for new revisions to Volumes II and III of the Air Quality Control 
    Plan.
    
    Article 6. General Provisions
    
        Section 900, Definitions, is amended by revising the current 
    definitions of the terms ``actual emissions,'' ``baseline 
    concentration,'' ``baseline date,'' ``regulated air pollutant,'' ``wood 
    smoke control area,'' and ``fugitive emissions,'' and adding new 
    definitions of the terms ``approved,'' ``nonattainment air 
    contaminant,'' ``particulate matter emissions,'' ``PM-10,'' ``PM-10 
    emissions,'' and ``total suspended particulate matter.''
        The above amendments to regulations and the State Air Quality 
    Control Plan comply with EPA's regulations for control strategies to 
    attain and maintain the NAAQS for particulate matter and for permits to 
    construct pursuant to Parts C and D of the Act.
    
    B. Amendments To Delete Obsolete Code of Federal Regulations (CFR) 
    Sections
    
        In an earlier package submitted to EPA on July 17, 1990, ADEC 
    submitted a request to correct findings of Alaska's SIP deficiency in 
    40 CFR 52, Sections 52.73-96. ADEC identified and explained why several 
    of those sections were now obsolete (dating back to 1973) and how they 
    had been remedied by changes to Alaska's statutes and regulations. ADEC 
    also submitted the applicable Alaska statutes (Title 46. Water, Air, 
    Energy, and Environmental Conservation) to support their request for 
    corrections. The sections are all identified below. At this time, EPA 
    is making the following changes:
        Section 52.74(a)(1), Cook Inlet. Delete. The Cook Inlet Air 
    Resources Management District has not existed for over a decade. 
    Deficiencies related to permitting authority attributed to Cook Inlet 
    Air Resources Management District do not exist.
        Section 52.74(a)(2), Fairbanks North Star Borough (FNSB). Delete. 
    The Memorandum of Understanding between ADEC and FNSB gives the borough 
    responsibility only for permitting open burns of less than 40 acres; 
    monitoring and air quality forecasting; attainment planning; and motor 
    vehicle inspection and maintenance. It does not include 
    responsibilities for recordkeeping, monitoring requirements, and public 
    availability of stationary source data. Therefore, deficiency findings 
    in those areas are moot.
        Regarding emergency abatement, the CFR refers to Ordinance 
    45.05.100, which is found to be deficient because it only refers to 
    generalized conditions of air pollution. FNSB Ordinance 8.05.010-050, 
    which gives the borough adequate authority, was accepted into the SIP 
    in the May 26, 1989 Federal Register. FNSB Ordinance 8.04.071 provides 
    adequate authority for injunctions. Therefore, Sec. 52.74(a)(2)(i) on 
    injunctions, and (v) on episode abatement may be deleted.
        Section 52.74(a)(2)(vi), Legal Authority. Delete. The Fairbanks 
    Inspection and Maintenance Program was accepted as fulfilling the 
    transportation control requirement.
        Section 52.74(b), Legal Authority. Delete. This finding of 
    deficiency for lack of authority to prevent operation or construction 
    which may result in violation of ambient air quality standards is 
    satisfied by 18 AAC 50.300 and 18 AAC 50.400. These sections define 
    criteria for permit issuance, and prevent operation or construction 
    without a permit.
        Section 52.74(c), Legal Authority. Delete. This subsection 
    disapproves Alaska Statute (AS) 46.03.180 for not meeting the 
    requirement for disclosure of emissions data. However, AS 46.03.180 
    allows confidentiality only for some ``Records and Information, other 
    than emission data.'' Therefore, the legal authority to provide for 
    public availability of emission data is adequate, and this deficiency 
    determination may be deleted.
        Section 52.73 (a) and (b), General Requirements. Delete. These are 
    simply remedies to the deficiencies identified above in Sec. 52.74 and, 
    since the legal authority to provide for public availability of 
    emission data is adequate, these remedies may be deleted.
        Section 52.78, Review of new sources and modifications. EPA defers 
    action on this section, which establishes a plan for review of new or 
    modified indirect sources, to a later date when a subsequent Federal 
    Register action will address the revisions to the Carbon Monoxide SIP 
    submitted March 24, 1994 by ADEC.
        Section 52.80, Intergovernmental cooperation. Delete. This 
    subsection refers to lack of clear delineation of responsibilities 
    between state and local agencies. This has been addressed in memoranda 
    of understanding between ADEC and the municipalities of Anchorage and 
    Fairbanks which define responsibilities. In addition, emergency 
    avoidance plans are described in the Alaska State Air Quality Control 
    Plan.
        Section 52.81, Attainment dates for national standards, and
        Section 52.82, Extensions. No action to be taken at this time. The 
    information contained in these two sections, pertaining to historical 
    attainment dates and status data, will be updated at a later 
    time. [[Page 8946]] 
        Section 52.84, Compliance schedules. Delete. All compliance 
    schedules listed here are outdated. Compliance schedules have been 
    replaced by compliance orders, which are enforcement actions, and are 
    not part of the SIP.
        Section 52.95, Maintenance of national standards. Delete. These 
    pre-1977 requirements are out of date and no longer applicable.
        Section 52.96(b), Significant deterioration of air quality. Retain. 
    The State of Alaska does not have jurisdiction over Indian 
    reservations. Therefore, EPA must retain this provision in the Code of 
    Federal Regulations in order to promulgate Federal procedures to 
    prevent significant deterioration of air quality in Indian reservations 
    as part of the Alaska SIP.
    
    C. Additional Amendments to the Air Quality Control Plan, March 24, 
    1994
    
        The March 24, 1994 ADEC submittal of revisions for inclusion into 
    the Alaska SIP include additional amendments to 18 AAC 50, Air Quality 
    Control Plan. In some instances the amendments further revise the 
    amendments dated October 15, 1991, and in those cases, EPA is approving 
    the version of the rules as it exists under the most recent revision. 
    The amendments EPA is specifically approving at this time from the 
    March 24, 1994 submittal concern state air quality classifications for 
    PM-10 and new source review requirements. All other amendments to the 
    SIP contained in the March 24, 1994 submittal will be addressed in 
    subsequent actions. At this time, EPA is approving the following 
    amendments to 18 AAC 50, Air Quality Control:
    
    Article 1. Program Standards and Limitations
    
        Section 021, State Air Quality Classifications, is revised by 
    adding the Eagle River Community and Mendenhall Valley of Juneau as 
    nonattainment areas for PM-10.
    
    Article 2. Permit Requirements
    
        Section 300 (a)(7) and (a)(8), Permit to Operate, are revised by 
    adding provisions to require a permit for sources located in PM-10 
    nonattainment areas.
        Section 300(d), Permit to Operate, is revised to clarify that 
    emission offsets must be enforceable at the time of permit issuance and 
    that they must actually occur by the time that increased emissions from 
    the new or modified source will occur. In addition, this section 
    requires a demonstration that the benefits of construction, operation, 
    or modification of the facility will significantly outweigh the 
    environmental and social costs incurred due to its location in a 
    nonattainment area.
        Sections 300 (e) and (g), Permit to Operate, are revised by making 
    a number of editorial changes for clarity.
    
    Article 3. Permit Review Criteria
    
        Section 400(a)(1)(A), Application Review and Issuance of Permit to 
    Operate, is revised by making several editorial changes for clarity.
        Section 400(c)(3)(B)(ii), Application Review and Issuance of Permit 
    to Operate, is revised by adding significance levels for PM-10.
        Section 400(c)(4), Application Review and Issuance of Permit to 
    Operate, is revised to clarify that emission offsets must be 
    enforceable at the time of permit issuance and that they must actually 
    occur by the time that increased emissions from the new or modified 
    source will occur. In addition, this section requires a demonstration 
    that the benefits of construction, operation, or modification of the 
    facility will significantly outweigh the environmental and social costs 
    incurred due to its location in a nonattainment area.
        Section 400(d)(4), Application Review and Issuance of Permit to 
    Operate, is revised by making several editorial changes for clarity.
    
    Article 5. Procedure and Administration
    
        Section 620, State Air Quality Control Plan, is revised to reflect 
    the date for new revisions to Volumes II and III of the Air Quality 
    Control Plan.
        The above amendments include updates to air quality area 
    classifications and reflect date changes to include the most recent 
    (March 24, 1994) SIP revisions submitted from ADEC to EPA. Also, 
    included are revisions of the new source review provisions to meet the 
    new requirements of Part D of the Clean Air Act for moderate carbon 
    monoxide and particulate matter nonattainment areas as set forth in the 
    General Preamble for the Implementation of Title I of the Clean Air 
    Act.
    
    III. Summary of EPA Action
    
        In this action, EPA approves the following amendments to Alaska 
    Administrative Code, 18 AAC 50, Air Quality Control Regulations, for 
    inclusion into the Alaska SIP:
        A. Revisions to Article 1: In section 050.020, paragraphs (a)(1) 
    and (b), section 085, and section 100;
        Revisions to Article 2: In section 300, paragraphs (a)(3), 
    (a)(5)(A), (a)(6)(A), (a)(6)(C), (a)(6)(C)(iv), (a)(6)(C)(xvi), (a)(7), 
    (a)(8), (a)(9), paragraph (d), paragraph (e), paragraph (g), and 
    paragraph (h);
        Revisions to Article 3: in section 400, paragraph (a), paragraph 
    (a)(1), paragraph (b), paragraph (c)(1), paragraph (c)(3)(B)(ii), 
    paragraph (c)(4);
        Revisions to Article 4: Section 510, and in section 520, paragraph 
    (a);
        Revisions to Article 5: Sections 610 and 620;
        Revisions to Article 6: in section 900, paragraphs (1), (7), (8), 
    (39), (48), and additions of paragraphs (50), (51), (52), (53), (54), 
    and (55).
        B. Overall, the revised table of contents for Title 18, 
    Environmental Conservation, Chapter 50, Air Quality Control, is as 
    follows:
    
    Article 1. Program Standards and Limitations
    
    18 AAC 50.010. Applicability of Local Government Regulations (5/16/72)
    18 AAC 50.020. Ambient Air Quality Standards (7/21/91)
    18 AAC 50.021. State Air Quality Classifications (4/23/94)
    18 AAC 50.030. Open Burning (10/30/83)
    18 AAC 50.040. Incinerators (10/30/83)
    18 AAC 50.050. Industrial Processes and Fuel Burning Equipment (5/11/
    91)
    18 AAC 50.060. Pulp Mills (11/1/82)
    18 AAC 50.070. Motor Vehicle Emissions (5/4/80)
    18 AAC 50.085. Wood-Fired Heating Devices (7/21/91)
    18 AAC 50.090. Ice Fog Limitations (5/16/72)
    18 AAC 50.100. Marine Vessels (7/21/91)
    18 AAC 50.110. Air Pollution prohibited (5/26/72)
    
    Article 2. Permit Requirements
    
    18 AAC 50.300. Permit to Operate (4/23/94)
    18 AAC 50.310. Revocation or Suspension (5/4/80)
    
    Article 3. Permit Review Criteria
    
    18 AAC 50.400 (4/23/94)
    
    Article 4. Regulation Compliance Criteria
    
    18 AAC 50.500. Source Testing (6/2/88)
    18 AAC 50.510. Ambient Analysis Methods (7/21/91)
    18 AAC 50.520. Emission and Ambient Monitoring (7/21/91) [[Page 8947]] 
    18 AAC 50.530. Circumvention (6/7/87)
    
    Article 5. Procedural and Administrative
    
    18 AAC 50.600. Reclassification Procedures and Criteria (11/1/82)
    18 AAC 50.610. Air Episodes and Advisories (7/21/91)
    18 AAC 50.620. State Air Quality Control Plan (4/23/94)
    
    Article 6. General Provisions
    
    18 AAC 50.900. Definitions (7/21/91)
        C. EPA has corrected several out-of-date sections found in 40 CFR 
    52.73-96 relating to Alaska SIP deficiencies.
    
    IV. Administrative Review
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        SIP approvals under section 110 and subchapter I, Part D of the CAA 
    do not create any new requirements, but simply approve requirements 
    that the state is already imposing. Therefore, because the federal SIP-
    approval does not impose any new requirements, I certify that it does 
    not have a significant impact on any small entities affected. Moreover, 
    due to the nature of the federal-state relationship under the CAA, 
    preparation of a regulatory flexibility analysis would constitute 
    federal inquiry into the economic reasonableness of state action. The 
    CAA forbids EPA to base its actions concerning SIPs on such grounds. 
    Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
    U.S.C. 7410(a)(2).
        The EPA is publishing this action without prior proposal because 
    the Agency views this as a noncontroversial amendment and anticipates 
    no adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective April 17, 1995 unless, by March 20, 1995, adverse or critical 
    comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by publishing a subsequent notice that will 
    withdraw the final action. All public comments received will be 
    addressed in a subsequent final rule based on this action serving as a 
    proposed rule. The EPA will not institute a second comment period on 
    this action. Any parties interested in commenting on this action should 
    do so at this time. If no such comments are received, the public is 
    advised that this action will be effective April 17, 1995.
        The EPA has reviewed this request for revision of the federally-
    approved SIP for conformance with the provisions of the 1990 Clean Air 
    Act Amendments enacted on November 15, 1990. The EPA has determined 
    that this action conforms with those requirements.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to the SIP shall be 
    considered separately in light of specific technical, economic and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
        This action has been classified as a Table 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
    memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
    Air and Radiation. The OMB has exempted this regulatory action from 
    E.O. 12866 review.
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by April 17, 1995. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements. (See section 307(b)(2), 42 U.S.C. 
    7607(b)(2).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Incorporation by reference, Intergovernmental relations, Particulate 
    matter, Reporting and recordkeeping requirements.
    
        Note: Incorporation by reference of the Implementation Plan for 
    the State of Alaska was approved by the Director of the Office of 
    Federal Register on July 1, 1982.
    
        Dated: January 23, 1995.
    Chuck Clarke,
    Regional Administrator.
        Part 52, chapter I, title 40 of the Code of Federal Regulations is 
    amended as follows:
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
    Subpart C--Alaska
    
        2. Section 52.70 is amended by adding paragraph (c)(19) to read as 
    follows:
    
    
    Sec. 52.70  Identification of plan.
    
    * * * * *
        (c) * * *
        (19) The Environmental Protection Agency (EPA) takes action on and/
    or approves regulations from three submittals received from the ADEC on 
    July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to 
    correcting SIP deficiencies in the CFR; amendments to regulations 
    dealing with Air Quality Control, 18 AAC 50, for inclusion into 
    Alaska's SIP; and additional amendments to 18 AAC 50, Air Quality 
    Control, for inclusion into Alaska's SIP to assure compliance with new 
    source review permitting requirements for sources located in 
    nonattainment areas for either carbon monoxide or particulate matter.
        (i) Incorporation by reference.
        (A) July 17, 1990 letter from ADEC to EPA requesting correction for 
    findings of SIP deficiency in 40 CFR Part 52, and including the version 
    of Alaska Statutes, ``Title 46. Water, Air, Energy, and Environmental 
    Conservation,'' in effect at the time of the July 17, 1990 letter, of 
    which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended 
    in 1987, were the most recently amended of the enclosed statutes.
        (B) October 15, 1991 letter from ADEC to EPA, and including 
    amendments to regulations and the State Air Quality Control Plan to 
    assure compliance with national ambient air quality standards for 
    particulate matter; the Order Amending Regulations of the Department of 
    Environmental Conservation, effective July 21, 1991; and the following 
    Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations: 
    (50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and 
    50.900), effective July 21, 1991, Register 119.
        (C) March 24, 1994 letter from Walter J. Hickel, Governor of 
    Alaska, to Chuck Clarke, Regional Administrator of EPA, and including 
    amendments to 18 AAC 50, State Air Quality Control Plan; the Order 
    Adopting and Amending [[Page 8948]] Regulations of the Department of 
    Environmental Conservation, effective April 23, 1994, Register 130; and 
    the amendments to 18 AAC 50 (50.021, 50.300(a)(7) and (a)(8), 50.300 
    (d), (e), and (g), 50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 
    50.400(d)(4), and 50.620), State Air Quality Control Plan, found in 
    Volume III: Appendices, Modifications to Section III.A, effective April 
    23, 1994, Register 130.
    
    
    Sec. 52.74  [Amended]
    
        3. In Sec. 52.74, paragraphs (a) and (c) are removed and the 
    paragraph designation for paragraph (b) is removed.
        4. Sections 52.73, 52.80, 52.84, and 52.95 are removed and 
    reserved.
    [FR Doc. 95-3859 Filed 2-15-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
4/17/1995
Published:
02/16/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-3859
Dates:
This final rule will be effective on April 17, 1995 unless adverse or critical comments are received by March 20, 1995. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
8943-8948 (6 pages)
Docket Numbers:
AK6-1-6587a, AK5-1-6437a, AK3-1-5851a, FRL-5147-8
PDF File:
95-3859.pdf
CFR: (2)
40 CFR 52.70
40 CFR 52.74