Air Plan Approval; AK, Fairbanks North Star Borough; 2006 24-Hour PM2.5 Serious Area and 189(d) Plan
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Issuing agencies
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of the State implementation plan (SIP) submission, submitted by the State of Alaska (Alaska or the State) on December 4, 2024, to address Clean Air Act requirements for the 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard in the Fairbanks North Star Borough PM<INF>2.5</INF> nonattainment area. Alaska's submission includes SIP revisions to meet nonattainment planning requirements for emissions inventories, modeling and sulfur dioxide precursor demonstration for major stationary sources, control measures, attainment projection date, reasonable further progress requirements, motor vehicle emissions budgets, and contingency measures.
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Rules and Regulations]
[Pages 51529-51546]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20097]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0595; FRL-12391-04-R10]
Air Plan Approval; AK, Fairbanks North Star Borough; 2006 24-Hour
PM2.5 Serious Area and 189(d) Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of the State implementation plan (SIP) submission, submitted
by the State of Alaska (Alaska or the State) on December 4, 2024, to
address Clean Air Act requirements for the 2006 24-hour fine
particulate matter (PM<INF>2.5</INF>) national ambient air quality
standard in the Fairbanks North Star Borough PM<INF>2.5</INF>
nonattainment area. Alaska's submission includes SIP revisions to meet
nonattainment planning requirements for emissions inventories, modeling
and sulfur dioxide precursor demonstration for major stationary
sources, control measures, attainment projection date, reasonable
further progress requirements, motor vehicle emissions budgets, and
contingency measures.
DATES: This action is effective on December 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0595. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Matthew Jentgen, EPA Region 10, 1200
Sixth Avenue--Suite 155, Seattle, WA, 98101, (206) 553-0340,
<a href="/cdn-cgi/l/email-protection#701a151e0417151e5e1d110404181507301500115e171f06"><span class="__cf_email__" data-cfemail="caa0afa4beadafa4e4a7abbebea2afbd8aafbaabe4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
A. Emissions Inventories
B. Pollutants Addressed
C. Control Strategy
D. Attainment Demonstration and Modeling
E. Reasonable Further Progress
F. Quantitative Milestones
G. Contingency Measures
H. Motor Vehicle Emissions Budgets for Transportation Conformity
III. EPA Final Action
A. Final Approval
B. Terminating Sanctions Clocks and Lifting the Transportation
Conformity Freeze
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
This action is the latest in a series of regulatory actions
regarding the Fairbanks PM<INF>2.5</INF> Nonattainment Area. For a
complete regulatory history of the Fairbanks PM<INF>2.5</INF>
Nonattainment Area, see the EPA's proposal, published on January 8,
2025 (90 FR 1600) (Proposal). The following is a summary of the history
that is pertinent to this action. In 2009, the EPA designated a portion
of the Fairbanks North Star Borough as ``nonattainment'' (Fairbanks
PM<INF>2.5</INF> Nonattainment Area) for the 2006 24-hour
PM<INF>2.5</INF> National Ambient Air Quality Standards (NAAQS), which
is set at the level of 35 micrograms per cubic meter ([micro]g/m\3\)
(74 FR 58688, November 13, 2009). Effective July 2, 2014, the EPA
classified the area as ``Moderate'' (79 FR 31566, June 2, 2014).
Subsequently, Alaska submitted, and the EPA approved, a plan to meet
the Moderate nonattainment area
[[Page 51530]]
requirements (Fairbanks Moderate Plan) (82 FR 42457, September 8,
2017).
On May 10, 2017, the EPA determined that the Fairbanks
PM<INF>2.5</INF> Nonattainment Area failed to attain the 2006 24-hour
PM<INF>2.5</INF> NAAQS by the outermost statutory Moderate area
attainment date of December 31, 2015 (82 FR 21711). Consequently, the
area was automatically reclassified to Serious.\1\ Alaska submitted a
plan to address the Serious PM<INF>2.5</INF> nonattainment area
requirements on December 13, 2019 (Fairbanks Serious Plan). On
September 2, 2020, prior to taking action on the Fairbanks Serious
Plan, the EPA determined that the area failed to attain by the Serious
area attainment date of December 31, 2019 (85 FR 54509). Alaska
submitted a revised plan to meet the requirements of CAA section 189(d)
on December 15, 2020 (Fairbanks 189(d) Plan).
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\1\ 42 U.S.C. 7513(b)(2)(A).
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On September 24, 2021, the EPA approved the 2013 base year
emissions inventory and the PM<INF>2.5</INF> precursor demonstration
elements for nitrogen oxides (NO<INF>X</INF>) and volatile organic
compound (VOC) emissions of the Fairbanks Serious Plan as meeting the
Serious area planning requirements (86 FR 52997). In the same action,
the EPA approved other plan components as SIP strengthening, including:
(1) the updated Fairbanks Emergency Episode Plan that the State adopted
on November 18, 2020, and submitted on December 15, 2020; and (2)
various regulatory control measures included in three separate SIP
submissions (December 13, 2019, October 25, 2018, and November 28,
2018). The EPA did not determine as part of the September 24, 2021,
approval whether these SIP-strengthening components met specific
nonattainment plan requirements. In particular, the EPA did not
determine whether the Fairbanks Serious Plan or Fairbanks 189(d) Plan
met the following requirements for PM<INF>2.5</INF> Serious
nonattainment areas: (1) attainment projected emissions inventory, (2)
control strategy, (3) attainment demonstration, (4) reasonable further
progress, (5) quantitative milestones, or (6) contingency measures.
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\2\ 42 U.S.C. 7502(c)(1).
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On December 5, 2023, the EPA finalized its determination of whether
the Fairbanks Serious Plan and Fairbanks 189(d) Plan met CAA
requirements for PM<INF>2.5</INF> Serious nonattainment areas.
Specifically, the EPA approved Alaska's 2019 base year emission
inventory included in the Fairbanks 189(d) Plan. The EPA approved
certain discrete measures as meeting best available control measure
requirements. The EPA also approved the plans as meeting nonattainment
NSR requirements for purposes of CAA section 189(d) on December 5, 2023
(88 FR 84629).
However, the EPA disapproved in part the Fairbanks Serious Plan and
Fairbanks 189(d) Plan as not meeting the following requirements for
PM<INF>2.5</INF> Serious nonattainment areas: (1) attainment projected
emissions inventory, (2) control strategy, in part, as not containing
all required control measures, (3) attainment demonstration, (4)
reasonable further progress, (5) quantitative milestones, or (6)
contingency measures.
On December 4, 2024, Alaska submitted a revision to the Fairbanks
Serious and 189(d) Plans (Fairbanks Revised 189(d) Plan) to rectify the
portions the EPA disapproved on December 5, 2023. The Fairbanks Revised
189(d) Plan includes an updated base year emissions inventory,
attainment projected emissions inventory, major stationary source
SO<INF>2</INF> precursor demonstration, control strategy, modeled
attainment demonstration, reasonable further progress provisions,
quantitative milestones, and contingency measures. The EPA proposed to
fully approve the plan revision on January 8, 2025 (90 FR 1600). This
action finalizes the EPA's proposed approval of the Fairbanks Revised
189(d) Plan as meeting nonattainment plan requirements for the
Fairbanks PM<INF>2.5</INF> Nonattainment Area.
Table 1 of this preamble provides a summary of the EPA's December
5, 2023, final rule and this final rule approving the Fairbanks Revised
189(d) Plan. Table 1 illustrates how the Fairbanks Serious Plan and
Fairbanks Revised 189(d) Plan collectively satisfy CAA requirements for
the Fairbanks PM<INF>2.5</INF> Nonattainment Area. The EPA's reasons
for this action are explained in further detail in the following
sections and in the separate Response to Comment document.
Table 1--Summary of the EPA's Actions on Nonattainment Plan
Requirements, 2023 Final Rule and 2025 Final Rule
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Description of CAA planning
requirement 2023 Final Rule 2025 Final Rule
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Base year emissions Approval of the 2019 Approval of the 2020
inventory for areas subject base year emissions base year emission
to CAA section 189(d), (CAA inventory. inventory.
section 172(c)(3); 40 CFR
51.1008(c)(1)).
Attainment projected Disapproval of the Approval of the 2027
emissions inventory, (CAA 2024 attainment attainment
section 172(c)(1); \2\ 40 projected emissions projected emissions
CFR 51.1008(c)(2)). inventory. inventory.
Pollutants addressed/ Approval of the Approval of the
Precursor demonstrations comprehensive existing major
(CAA section 189(e); \3\ 40 precursor stationary source
CFR 51.1006. demonstrations for precursor
NOX and VOC demonstration for
emissions. (Note: SO2 emissions.
the EPA also
finalized approval
of this requirement
on September 24,
2021 (86 FR 52997)).
[[Page 51531]]
Serious area nonattainment Partial approval of Approval of the
plan control strategy that the control control strategy
ensures that best available strategy as meeting BACM and BACT
control measures (BACM), BACM and BACT requirements (CAA
including best available requirements under section
control technologies CAA section 189(b)(1)(B) \9\
(BACT), for the control of 189(b)(1)(B) \5\ and 40 CFR
direct PM2.5 and PM2.5 and 40 CFR 51.1010(a)) for the
precursors are implemented 51.1010(a) for the following emissions
in the nonattainment area, solid fuel home source categories:
(CAA section 189(b)(1)(B); heating device (1) Requirements
\4\ 40 CFR 51.1010(a)). source category and for wood sellers;
residential and (2) Coal-fired
commercial fuel oil heating devices;
combustion source (3) Coffee
category. roasters; (4)
Partial approval of Energy efficiency
the control and weatherization
strategy approved measures; (5)
as meeting BACM and Mobile source
BACT requirements category.
under CAA section Approval of the
189(b)(1)(B) \6\ control strategy
and 40 CFR BACM and BACT
51.1010(a) for the requirements (CAA
charbroiler, used section
oil burner, and 189(b)(1)(B) \10\
mobile source and 40 CFR
categories (except 51.1010(a)) for
disapproval for the PM2.5 for the Doyon-
rejection of Fort Wainwright
vehicle anti-idling Central Heating and
requirements). Power Plant,
Disapproval of the University of
control strategy Alaska Fairbanks
BACM and BACT Campus Power Plant,
requirements (CAA Zehnder Power
section Plant, and North
189(b)(1)(B) \7\ Pole Power Plant
and 40 CFR
51.1010(a)) for the
following emissions
source categories:
(1) Requirements
for wood sellers;
(2) Coal-fired
heating devices;
(3) Coffee
roasters; (4)
Energy efficiency
and weatherization
measures; (5)
Mobile source
category
(disapproving for
lack of vehicle
anti-idling
requirements).
Approval of specific
regulations under
18 AAC 50.075
through 077 (except
disapproval of the
requirements for
dry wood sellers
under 18 AAC
50.076(k)), and
Fairbanks Emergency
Episode Plan
(except disapproval
of the contingency
measure portion).
Partial approval as
meeting applicable
control strategy
BACM and BACT
requirements (CAA
section
189(b)(1)(B) and 40
CFR 51.1010(a)) for
ammonia (NH3) for
the Chena Power
Plant, Doyon-Fort
Wainwright Central
Heating and Power
Plant, University
of Alaska Fairbanks
Campus Power Plant,
Zehnder Power
Plant, and North
Pole Power Plant.
Partial approval of
Alaska's PM2.5 and
NH3 BACT
determinations for
the Doyon-Fort
Wainwright Central
Heating and Power
Plant; PM2.5 and
NH3 BACT
determination for
the University of
Alaska Fairbanks
Campus Power Plant,
except for the
three small diesel
fired engines (EUs
23, 26, and 27);
PM2.5 and NH3 BACT
determinations for
the Zehnder Power
Plant; PM2.5 and
NH3 BACT
determinations for
the North Pole
Power Plant.
Disapproval of the
control strategy
BACM and BACT
requirements (CAA
section
189(b)(1)(B) \8\
and 40 CFR
51.1010(a)) for
PM2.5 and sulfur
dioxide (SO2)
emissions for the
Doyon-Fort
Wainwright Central
Heating and Power
Plant, University
of Alaska Fairbanks
Campus Power Plant,
Zehnder Power
Plant, and North
Pole Power Plant.
[[Page 51532]]
Additional measures (beyond Disapproval......... Approval.
those already adopted in
previous nonattainment plan
SIP submissions for the
area as RACM/RACT, BACM/
BACT, and Most Stringent
Measures (MSM) \11\ (if
applicable)) that provide
for attainment of the NAAQS
as expeditiously as
practicable and, from the
date of such submission
until attainment,
demonstrate that the plan
will at a minimum achieve
an annual five percent
reduction in emissions of
direct PM2.5 or any PM2.5
plan precursor, (CAA
section 189(d); \12\ 40 CFR
51.1010(c)).
Attainment demonstration and Disapproval of Approval of
modeling, (CAA sections demonstration of attainment
188(c)(2) and 189(b)(1)(A); attainment by demonstration and
\13\ 40 CFR 51.1003(c) and December 31, 2024. extension of
51.1011). Serious area
attainment date to
December 31, 2027.
Reasonable further progress Disapproval......... Approval.
(RFP) provisions, (CAA
section 172(c)(2); \14\ 40
CFR 51.1012).
Quantitative milestones, Disapproval......... Approval.
(CAA section 189(c); \15\
40 CFR 51.1013).
Motor vehicle emission Disapproval......... Approval.
budgets, (CAA section 176,
40 CFR 51.1003(d) and
93.118).
Contingency measures Disapproval of the Approval of the
applicable to Serious areas submitted contingency
subject to CAA section contingency measures as meeting
189(b), (CAA section measures under CAA the requirements
172(c)(9); \16\ 40 CFR section 172(c)(9) under CAA section
51.1014). \17\ and 40 CFR 172(c)(9) \19\ and
Contingency measures 51.1014 applicable 40 CFR 51.1014
applicable to Serious areas to Serious areas applicable to
subject to CAA section subject to CAA Serious areas
189(d), (CAA section sections 189(b) and subject to CAA
172(c)(9); 40 CFR 51.1014).. 189(d). The EPA sections 189(b) and
finalized a limited 189(d).
disapproval of the
Fairbanks 189(d)
Plan contingency
measure because the
contingency measure
did not fully meet
the contingency
measure
requirements of CAA
section 172(c)(9)
and 40 CFR 51.1014
but otherwise
strengthened the
SIP.\18\.
Nonattainment new source Approval............ Not applicable
review provisions, (CAA (already approved).
sections 172(c)(5),
189(b)(3), 189(d), and
189(e), and 40 CFR 51.165,
40 CFR 51.1003(b)(1)(viii),
and 40 CFR
51.1003(c)(1)(viii) \20\.
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II. Public Comments and EPA Responses
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\3\ 42 U.S.C. 7513b(e).
\4\ 42 U.S.C. 7513a(b)(1)(B).
\5\ 42 U.S.C. 7513a(b)(1)(B).
\6\ Id.
\7\ 42 U.S.C. 7513a(b)(1)(B).
\8\ 42 U.S.C. 7513a(b)(1)(B).
\9\ 42 U.S.C. 7513a(b)(1)(B).
\10\ 42 U.S.C. 7513a(b)(1)(B).
\11\ MSM is applicable if the EPA has previously granted an
extension of the attainment date under CAA section 188(e) for the
nonattainment area and NAAQS at issue. The EPA denied Alaska's
request to extend the Serious area attainment date for the Fairbanks
PM2.5 Nonattainment Area.
\12\ 42 U.S.C. 7513a(d).
\13\ 42 U.S.C. 7513(c)(2) and 7513a(b)(1)(A).
\14\ 42 U.S.C. 7502(c)(2).
\15\ 42 U.S.C. 7513a(c).
\16\ 42 U.S.C. 7502(c)(9).
\17\ 42 U.S.C. 7502(c)(9).
\18\ The EPA finalized a limited approval of the Fairbanks
Emergency Episode Plan, State Air Quality Control Plan, Vol. II,
section III.D.7.12, as SIP-strengthening on September 24, 2021. 86
FR 52997, September 24, 2021, at pp. 52997, 53004.
\19\ 42 U.S.C. 7502(c)(9).
\20\ 42 U.S.C. 7502(c)(5), 7513a(b)(3), 7513a(d), and 7513a(e).
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The EPA initially provided a 30-day period for the public to
comment on the proposed action that ended on February 7, 2025. Based on
public interest in the energy efficiency and weatherization measures in
the Alaska SIP submission, the EPA re-opened the comment period for an
additional 30 days from March 24, 2025, to April 23, 2025. Overall, 375
public comments were submitted in the docket. The following is a
summary, organized by CAA requirement, of the Proposal, our final
action, and the comments received and the EPA's responses. We have
included in the docket a detailed ``Response to Comments'' document
that provides a summary of public comments and the EPA's responses.\21\
The full text of all public comments may also be found in the docket
for this action.
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\21\ Response to Comments on the Air Plan Partial Approval and
Partial Disapproval; AK, Fairbanks North Star Borough; 2006 24-hour
PM<INF>2.5</INF> Serious Area and 189(d) Plan, EPA-R10-OAR-2024-
0595.
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A. Emissions Inventory
1. Summary of Proposal
The EPA proposed to approve the 2020 base year emissions inventory
as meeting the requirements of CAA section 172(c)(3) and 40 CFR
51.1008. The EPA proposed to determine that Alaska had justified that
2020 is a technically appropriate inventory year consistent with 40 CFR
51.1008(c)(1). The base year emissions inventory included actual
emissions of all sources within the nonattainment area. The EPA
proposed to determine that a seasonal episode daily average inventory
is appropriate for the Fairbanks PM<INF>2.5</INF> Nonattainment Area
because the area experiences episodic elevated concentrations of
PM<INF>2.5</INF> during wintertime cold weather events. The emissions
inventory included direct PM<INF>2.5</INF> emissions, separately
reported as filterable and condensable emissions, as well as all
scientific PM<INF>2.5</INF> precursors (SO<INF>2</INF>, NO<INF>X</INF>,
VOC, and NH<INF>3</INF>). Alaska reported emissions for point sources
according to the point source emissions
[[Page 51533]]
thresholds of the Air Emissions Reporting Rule in 40 CFR part 51,
subpart A. Finally, the EPA proposed to determine that the emissions
inventory is consistent with the detail and data elements required by
40 CFR part 51, subpart A.
The EPA proposed to approve the 2027 projected attainment emissions
inventory as meeting the requirements of CAA section 172(c)(3) and 40
CFR 51.1008. The EPA proposed to determine that 2027 is the most
expeditious year for which projected emissions show modeled
PM<INF>2.5</INF> concentrations below the level of the NAAQS. As
discussed in section II.D of the proposed rule (January 8, 2025 (90 FR
1600)), Alaska included a model output for 2026 that resulted in
emissions levels exceeding the 2006 24-hour PM<INF>2.5</INF> NAAQS. The
attainment projected inventory included the sources in the base year
emissions inventory and accounts for growth and contraction from both
controls and other causes. Consistent with the base year emissions
inventory, the attainment projected emissions inventory is based on
episode average daily emissions. The attainment projected emissions
inventory included direct PM<INF>2.5</INF> emissions, separately
reported as filterable and condensable emissions, as well as all
scientific precursors. The attainment projected emissions inventory
included the same level of emissions detail for the same point sources
and for mobile sources reported in the base year emissions inventory.
2. Final Rule
The EPA is finalizing approval of the base year emission inventory
and the projected attainment year emission inventory.
3. Comments and Responses
One commenter stated that the Fairbanks Revised 189(d) Plan was not
clear in how it determined the ``episode days'' for the purposes of the
emissions inventories. The EPA disagrees with this comment. All of the
data upon which Alaska relied to determine the emissions inventories,
including the episode days, is included in the Fairbanks Revised 189(d)
Plan.\22\ The EPA's technical assessment of Alaska's emission
inventories including the State's selection of appropriate episode days
is also included in the docket.\23\ This latter document summarizes and
explains the data underlying Alaska's 74-day modeling episode from
2019-2020 and how the episode days were selected. Please see the EPA's
Response to Comments document for a full summary of the comments and
the EPA's full responses.\24\
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\22\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.6.
\23\ Kotchenruther, Robert. (November 21, 2024). Technical
support document for Alaska Department of Environmental
Conservation's amendments to: State Air Quality Control Plan,
Emission Inventory Data (version August 19, 2024). U.S.
Environmental Protection Agency, Region 10, Laboratory Services and
Applied Science Division, EPA-R10-OAR-2024-0595.
\24\ Response to Comments, section 4.b.
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B. Pollutants Addressed
1. Summary of Proposal
The EPA proposed to determine that Alaska's submission meets the
requirements of 40 CFR 51.1006(a)(2) and is consistent with the EPA
guidance concerning the identification of PM<INF>2.5</INF> precursors
that the State must regulate in the nonattainment area.\25\ Regarding
the State's analytical approach, the EPA proposed to find that the
State used appropriate methods and data to evaluate PM<INF>2.5</INF>
formation from precursor emissions in the Fairbanks PM<INF>2.5</INF>
Nonattainment Area. Consistent with 40 CFR 51.1006(a)(2), Alaska's
submission included a concentration-based contribution analysis. The
concentration-based analysis indicates that the SO<INF>2</INF>
emissions from existing major stationary sources do not significantly
contribute to PM<INF>2.5</INF> formation in the Fairbanks
PM<INF>2.5</INF> Nonattainment Area. Specifically, Alaska's analysis
showed that SO<INF>2</INF> emissions from existing major stationary
sources contribute 0.21 [mu]g/m\3\ of PM<INF>2.5</INF> at the North
Pole Hurst Road air quality monitor--far below the 1.5 [mu]g/m\3\
threshold included in the EPA guidance. Therefore, the EPA proposed to
approve Alaska's precursor demonstration submitted as part of the
Fairbanks Revised 189(d) Plan as demonstrating that the contribution of
SO<INF>2</INF> emissions from existing major stationary sources to
PM<INF>2.5</INF> levels in the Fairbanks PM<INF>2.5</INF> Nonattainment
Area is not significant in accordance with 40 CFR 51.1006(a)(2)(i).
With final approval, Alaska will not be required to control
SO<INF>2</INF> emissions from existing major stationary sources in the
Fairbanks PM<INF>2.5</INF> Nonattainment Area, pursuant to CAA section
189 and 40 CFR 51.1010. For purposes of the Fairbanks Revised 189(d)
Plan, the applicable PM<INF>2.5</INF> plan precursors are
NH<INF>3</INF> for all sources and SO<INF>2</INF> for all sources
except for existing major stationary sources.
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\25\ ``PM<INF>2.5</INF> Precursor Demonstration Guidance,'' EPA-
454/R-19-004, May 2019, including Memo dated May 30, 2019, from
Scott Mathias, Acting Director, Air Quality Policy Division and
Richard Wayland, Director, Air Quality Assessment Division, Office
of Air Quality Planning and Standards (OAQPS), EPA to Regional Air
Division Directors, Regions 1-10, EPA.
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We note that the EPA's approval of Alaska's precursor demonstration
does not extend to nonattainment NSR requirements for the area. Alaska
previously determined that it was appropriate to regulate
NO<INF>X</INF>, SO<INF>2</INF>, VOCs, and NH<INF>3</INF> as precursors
to PM<INF>2.5</INF> with respect to nonattainment NSR and submitted
rule changes to that effect on October 25, 2018. The EPA approved the
submitted revised program as meeting nonattainment NSR requirements
triggered upon reclassification of the Fairbanks PM<INF>2.5</INF>
Nonattainment Area to Serious (84 FR 45419, August 29, 2019). The EPA
approved the Alaska SIP as meeting nonattainment NSR requirements for
purposes of CAA section 189(d) on December 5, 2023 (88 FR 84629).
2. Final Rule
The EPA is finalizing approval of Alaska's SO<INF>2</INF> precursor
demonstration for existing major stationary sources. Accordingly, the
EPA is concluding that the State is not required to impose additional
controls on SO<INF>2</INF> emissions on such sources for purposes of
the 2006 24-hour PM<INF>2.5</INF> NAAQS in the Fairbanks
PM<INF>2.5</INF> Nonattainment Area.
3. Comments and Responses
The EPA received adverse comments generally questioning the
prudence of the EPA approving the SO<INF>2</INF> precursor
demonstration. Overall, the comments do not provide a technical basis
that contradicts the EPA's determination that Alaska's existing major
stationary source SO<INF>2</INF> precursor demonstration meets the
requirements of 40 CFR 51.1006. Please see the EPA's Response to
Comments document for a full summary of the comments and the EPA's full
responses.\26\
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\26\ The EPA's Response to Comments, section 4.D.
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C. Control Strategy
1. Solid Fuel Burning
a. Summary of Proposal
Alaska revised the dry wood seller measure, adopted as regulation
18 AAC 50.076(k)(3), by setting a frequency at monthly intervals to
measure the moisture content. Alaska also revised regulation 18 AAC
50.076(k)(1) by improving the labeling to indicate ``dry wood.''
Regarding the EPA's disapproval of coal-fired heating device
requirements, Alaska revised 18 AAC 50.079 by lowering the emissions
threshold to test out of the mandatory removal
[[Page 51534]]
requirements in 18 AAC 50.079(d) from 18 grams per hour to 0.10 pounds
per million British thermal units (lbs/MMBtu), which is equivalent to
the pellet hydronic heater limit in 18 AAC 50.077. Alaska amended 18
AAC 50.079(d) to require a testing protocol be approved by the
department prior to any test attempting to exempt a coal device from
the mandatory removal requirement. Alaska revised 18 AAC 50.079(e) to
limit the duration of the waiver to one calendar year.
The EPA previously approved 18 AAC 50.079(f), which requires the
owner of a coal-fired heating device to render it inoperable no later
than December 31, 2024. As a consequence of Alaska's revisions to 18
AAC 50.079(f), the latest an individual with a coal-fired heating
device could remove that device is December 31, 2025--provided the
individual meets the limited extension eligibility requirements in 18
AAC 50.079(e). Alaska stated that 18 AAC 50.079(f) is revised for
clarity by adding section (3), which requires coal-fired heating
devices to be rendered inoperable after the expiration of a waiver
granted under subsection (e) of 18 AAC 50.079. Alaska stated that newly
adopted section 18 AAC 50.079(h) requires documentation on the removal
and rendering of the device inoperable and submitting an affidavit that
the coal stove will not be reinstalled in the Fairbanks
PM<INF>2.5</INF> Nonattainment Area.
Based on these updates, the EPA proposed to approve the submitted
revisions to 18 AAC 50.076 and 18 AAC 50.079 as meeting the
requirements of CAA sections 110(a)(2)(A), 172(c)(7), and 189(b) and 40
CFR 51.1010(a). Accordingly, the EPA proposed to determine that the
Fairbanks Revised 189(d) Plan rectifies the disapproved portions of the
Fairbanks Serious Plan and initial Fairbanks 189(d) Plan for the solid
fuel-burning source category.
b. Final Rule
The EPA did not receive any comments on the BACM requirements for
solid fuel burning emission sources included in the Fairbanks Revised
189(d) Plan and is finalizing approval of the Fairbanks revised 189(d)
Plan as meeting the BACM requirements for solid fuel burning emission
sources.
2. Small Commercial Area Sources
a. Summary of Proposal
Alaska revised its regulations for coffee roasters, under 18 AAC
50.078(d). These updated regulations include specific emission limits
for coffee roasters and ensures the emission limit is enforceable as a
practical matter. The EPA proposed to approve the submitted revisions
to 18 AAC 50.078(d) as meeting the requirements of CAA sections
110(a)(2), 172(c)(7), and 189(b) and 40 CFR 51.1010(a) for this source
category. Accordingly, the EPA proposed to determine that the Fairbanks
Revised 189(d) Plan rectifies the disapproved portions of the Fairbanks
Serious Plan and initial Fairbanks 189(d) Plan for coffee roasters.
3. Energy Efficiency and Weatherization Measures
a. Summary of Proposal
To address the EPA's disapproval, Alaska adopted an energy
efficiency and weatherization measure at 18 AAC 50.081. The measure
mandates that a building owner complete an energy rating on the
building before listing it for sale. The rule requires that the seller
provide the energy rating report to the buyer. The rule also requires
the homeowner to register wood-fired heating devices with the State and
remove any wood-fired or coal-fired heating devices that do not comply
with State emissions standards (codified at 18 AAC 50.077 and 18 AAC
50.079). Finally, Alaska's rule requires that the agent involved in the
home sale transaction must inform the seller and/or buyer of these
obligation and, during the transaction, ensure the seller and/or buyer
has complied with the requirements to render inoperable older solid-
fuel heating devices under State rules 18 AAC 50.077(h) and (l)-(n) and
18 AAC 50.079(b) and (f)-(h).
Alaska also committed to a robust advertising and education program
that includes best practices to improve efficiency in an arctic
environment and available economic and practical mechanisms that can
assist homeowners in improving both efficiency and regulatory
compliance.
The EPA proposed to approve the submitted revisions to 18 AAC
50.081 as meeting the requirements of CAA sections 110(a)(2),
172(c)(7), and 189(b) and 40 CFR 51.1010(a) with respect to energy
efficiency and weatherization. Accordingly, the EPA proposed to
determine that the Fairbanks Revised 189(d) Plan rectifies the
disapproved portions of the Fairbanks Serious Plan and initial
Fairbanks 189(d) Plan for lack of energy efficiency and weatherization
measures.
After reviewing the comments received on the EPA's proposal, Alaska
reevaluated the feasibility of the energy rating requirements and
determined that they were not technologically or economically feasible.
Alaska withdrew 18 AAC 50.081 on September 25, 2025.
Alaska retained its commitments to a robust advertising and
education program that includes best practices to improve efficiency in
an arctic environment and available economic and practical mechanisms
that can assist homeowners in improving both efficiency and regulatory
compliance.
b. Final Rule
The EPA is finalizing approval of the Fairbanks Revised 189(d) Plan
as meeting the BACM requirements for energy efficiency and
weatherization measures.
c. Comments and Responses
The EPA received several comments expressing concern about Alaska's
adoption of 18 AAC 50.081. The comments expressed concern about the
cost of conducting the energy rating, potential delays to completing
home sales, and restrictions on a person's right to sell and buy
property. Several commenters also identified ways they asserted that
the State could improve the regulations to account for a variety of
circumstances, such as selling a dry recreational cabin or a top-rated
energy efficient home or re-selling a home that recently received an
energy rating. Other commenters were supportive of the energy audit
requirement.
These comments, as well as information provided by Alaska,
demonstrate that an energy rating requirement as contemplated by 18 AAC
50.081 is technologically and economically infeasible. Notably, there
are insufficient energy raters available in the area. Becoming a
certified energy rater is a lengthy process. In addition, Alaska is not
relying on the energy rating component of 18 AAC 50.081 for any
emission reductions. The regulation does not mandate implementation of
any of the energy efficiency recommendations from the energy rating.
Hence, the emission reduction measures are not enforceable. However,
the energy rating could cost as much as $1,373.\27\ Thus, the measure
is not cost effective. Accordingly, the EPA has determined that the
energy rating requirement is not necessary to satisfy the control
strategy requirements for serious areas or serious areas that fail to
attain, under CAA sections 189(b) and (d) and 40 CFR 51.1010. The
remaining portions of 18 AAC 50.081 were not necessary to address the
EPA's December 5, 2023, partial disapproval
[[Page 51535]]
and are derivative of SIP-approved rules at 18 AAC 50.077 and 079.
These rules already restrict the sale and transfer of solid fuel
burning devices. See the EPA's Response to Comments document for a full
summary of these comments and the EPA's detailed responses.\28\
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\27\ ``How Much Does it Cost to Audit Home Energy in
Fairbanks?,'' available at: <a href="https://www.homeyou.com/ak/home-energy-audit-fairbanks-costs">https://www.homeyou.com/ak/home-energy-audit-fairbanks-costs</a>.
\28\ The EPA's Response to Comments, section 3.
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4. Emissions From Mobile Sources
a. Summary of Proposal
The EPA proposed to determine that Alaska has rectified the EPA's
December 5, 2023, disapproval of the Fairbanks Serious Plan and initial
Fairbanks 189(d) Plan with respect to control strategy requirements for
mobile sources. In the December 5, 2023, final rule, the EPA approved
Alaska's rejection of several mobile source control measures designed
to reduce on-road vehicle emissions as either technologically or
economically infeasible (e.g., high-occupancy vehicle lanes, improved
signalization, and van pools).
However, the EPA rejected Alaska's infeasibility determinations for
vehicle anti-idling measures as inadequate. In the Fairbanks Revised
189(d) Plan, Alaska improved its infeasibility justifications.
Therefore, based on Alaska's determination that any additional vehicle
anti-idling restrictions are technologically or economically infeasible
for the Fairbanks PM<INF>2.5</INF> Nonattainment Area for purposes of
the 2006 24-hour PM<INF>2.5</INF> NAAQS, the EPA proposed to approve
the Fairbanks Revised 189(d) Plan as meeting the control strategy
requirements for mobile sources.
The EPA proposed to determine that the separate, previously adopted
anti-idling control measure in the Fairbanks Moderate Area Plan also
satisfied the Serious area BACM requirement. Specifically, the
Fairbanks Moderate Area Plan includes a requirement that businesses
with 275 or more parking spaces provide power to electrical outlets at
temperatures of 20 degrees Fahrenheit or lower for engine block
heaters.\29\ In addition, Alaska continues to install new (vehicle
preheating) plug-ins throughout the Fairbanks PM<INF>2.5</INF>
Nonattainment Area.\30\
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\29\ 82 FR 42457, September 8, 2017; State Air Quality Control
Plan, Vol. III, Appendix III.D.5.7, adopted December 24, 2014, at p.
43; State Air Quality Control Plan, Vol. III, Appendix III.D.5.12,
adopted December 24, 2014, at p. 43.
\30\ There are nearly 10,000 plug-ins available in the
nonattainment area. See State Air Quality Control Plan, Appendix
III.D.7.7-17 (adopted November 19, 2019).
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b. Final Rule
The EPA is finalizing approval of the Fairbanks Revised 189(d) Plan
as meeting the BACM requirements for motor vehicle emissions.
c. Comments and Responses
The EPA received comments regarding the perceived role of motor
vehicle emissions contributing to total PM<INF>2.5</INF> concentrations
in the Fairbanks PM<INF>2.5</INF> Nonattainment Area. Importantly, none
of the comments provided a detailed explanation of their disagreement
with Alaska's infeasibility demonstrations with respect to vehicle
idling nor suggested additional mobile source control measures that the
State should have evaluated.
While the EPA acknowledges that motor vehicle emissions are
identified as a significant emission source category requiring a BACM
evaluation of emission controls, we disagree with comments stating
generally that emissions from motor vehicles are a primary cause of
PM<INF>2.5</INF> pollution in the area. We note that mobile sources
account for an estimated 6% of total PM<INF>2.5</INF> levels in the
Fairbanks PM<INF>2.5</INF> Nonattainment Area, and the State has
established adequate PM<INF>2.5</INF> motor vehicle emissions budgets
for transportation conformity purposes (see section II.H of this
preamble).\31\ Please see the EPA's Response to Comments document for a
summary of these comments and the EPA's responses.\32\
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\31\ See State Air Quality Control Plan, Vol. II, section
III.D.7.6.9.8.
\32\ The EPA's Response to Comments, section 4.E.
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5. Alaska's Identification and Adoption of BACT
For a description of each of the major stationary sources in the
Fairbanks PM<INF>2.5</INF> Nonattainment Area, see the EPA's Proposal,
section II.C.2.b.
a. Chena Power Plant
i. Summary of Proposal
Alaska revised its State Air Quality Control Plan to include its
BACT determinations for PM<INF>2.5</INF> and SO<INF>2</INF> emissions
for each of the emission units at the Chena Power Plant.\33\ Alaska
removed its BACT evaluation and determinations for NO<INF>X</INF>
emissions because the EPA approved a comprehensive NO<INF>X</INF>
emissions precursor demonstration. Alaska also submitted conditions
from Air Quality Control Minor Permit AQ0315MSS02 Revision 1 for the
Aurora Energy, LLC--Chena Power Plant (Aurora Permit). The Aurora
Permit conditions include enforceable PM<INF>2.5</INF> BACT emissions
limitations for the emission units at the Chena Power Plant comprised
of numerical emissions limits and work practice standards and
associated monitoring, recordkeeping and reporting requirements. The
permits are included in the docket for this action.\34\
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\33\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-164. Note, Alaska's prior SIP submissions only evaluated
BACT for the coal-fired boilers.
\34\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-187.
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The EPA previously reviewed Alaska's BACM/BACT evaluation for the
Chena Power Plant.\35\ Alaska has since clarified that PM<INF>2.5</INF>
BACT for the coal-fired boilers is operating and maintaining fabric
filters (full steam baghouse) during operation.\36\ Thus, the EPA
proposed to approve Alaska's PM<INF>2.5</INF> BACT determinations for
the Chena Power Plant, the submitted revisions to State Air Quality
Control Plan, Vol. III, Appendix III.D.7.7, related to direct
PM<INF>2.5</INF> emissions, and the submitted Aurora Permit conditions
\37\ as satisfying CAA section 189(b) and 40 CFR 51.1010.
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\35\ See Hedgpeth and Sorrels. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for the Aurora
Energy, LLC Chena Power Plant as part of the Fairbanks
PM<INF>2.5</INF> Nonattainment SIP. U.S. Environmental Protection
Agency, Region 10, Laboratory Services and Applied Science Division,
EPA-R10-OAR-2022-0115.
\36\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-173.
\37\ See section III.A of this preamble for the specific permit
conditions proposed for approval.
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The EPA did not propose action on Alaska's SO<INF>2</INF> BACT
determinations in State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7. The EPA proposed to approve Alaska's SO<INF>2</INF>
precursor demonstration for existing major stationary sources. Upon
final approval, Alaska will not be required to identify, adopt, or
implement SO<INF>2</INF> BACT for the Chena Power Plant.
ii. Final Rule
The EPA did not receive comments on PM<INF>2.5</INF> BACT for the
Chena Power Plant and is finalizing approval of BACT for
PM<INF>2.5</INF> emissions at the Chena Power Plant. Based on the EPA's
approval of the SO<INF>2</INF> and NO<INF>X</INF> precursor
demonstrations, SO<INF>2</INF> and NO<INF>X</INF> emission controls are
not required for this facility as part of the Fairbanks Revised 189(d)
Plan.
b. Fort Wainwright
i. Summary of Proposal
As part of the Fairbanks Revised 189(d) Plan, Alaska revised its
Air Quality Control Plan sections related to the Doyon-Fort Wainwright
Central Heating and Power Plant (CHPP) to
[[Page 51536]]
reflect new engines powering lift pumps and generators, correct
typographical errors, improve clarity, and to include updated
SO<INF>2</INF> BACT determinations.\38\ With respect to the new
engines, all are EPA-certified engines ranging in size from 74
horsepower to 324 horsepower. Alaska updated its PM<INF>2.5</INF> BACT
determinations for these new engines. Alaska removed its BACT
evaluation and determinations for NO<INF>X</INF> emissions because the
EPA approved a comprehensive NO<INF>X</INF> precursor demonstration.
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\38\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-202.
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Alaska also submitted conditions from two Air Quality Control Minor
Permits: AQ0236MSS03 Revision 2 (U.S. Army Garrison--USAG Alaska Fort
Wainwright) and AQ1121MSS04 Revision 1 (Doyon Utilities, LLC--Fort
Wainwright) (collectively referred to as the Fort Wainwright Permits).
The Fort Wainwright Permits include enforceable PM<INF>2.5</INF> BACT
emissions limitations for the emission units at Fort Wainwright
comprised of numerical emissions limits and work practice standards and
associated monitoring, recordkeeping and reporting requirements. The
permits are included in the docket for this action.\39\
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\39\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-248.
---------------------------------------------------------------------------
The EPA previously reviewed Alaska's BACM/BACT evaluation for the
Doyon-Fort Wainwright Central Heating and Power Plant.\40\ Alaska's
updated BACT determination clarified the maintenance and testing
requirements for the diesel-fired boilers and added enclosed conveying
system requirements.\41\ The EPA previously approved Alaska's BACT
determinations for older pump engines and generator engines. Alaska
updated its BACT determinations and associated permit limits to reflect
grams per hour emission limits appropriate to the size and model year
of the engine. Alaska also imposed limits on the hours of operations of
these engines. Thus, the EPA proposed to approve Alaska's updated
PM<INF>2.5</INF> BACT determinations for the emissions units at Doyon-
Fort Wainwright CHPP,\42\ the submitted revisions to State Air Quality
Control Plan, Vol. III, Appendix III.D.7.7 related to direct
PM<INF>2.5</INF> emissions from the Doyon-Fort Wainwright CHPP,\43\ and
the submitted conditions from the Fort Wainwright Permits \44\ as
satisfying CAA section 189(b) and 40 CFR 51.1010.
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\40\ See Hedgpeth, Z. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for Fort Wainwright-
US Army Garrison Alaska (FWA) and Doyon Utilities, LLC (DU) as part
of the Fairbanks PM<INF>2.5</INF> Nonattainment SIP. U.S.
Environmental Protection Agency, Region 10, Laboratory Services and
Applied Science Division, EPA-R10-OAR-2022-0115.
\41\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-217; State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-225.
\42\ Industrial coal-fired boilers; diesel-fired boilers;
diesel-fired engines, fire pumps, and generators; and material
handling equipment.
\43\ The EPA is not proposing to approve the NO<INF>X</INF>-
related emissions limits as meeting BACT for NO<INF>X</INF>. For
some emission units, Alaska imposed NO<INF>X</INF> emissions limits
as surrogates for direct PM<INF>2.5</INF> emissions.
\44\ See section III.A of this preamble for the specific permit
conditions proposed to be approved.
---------------------------------------------------------------------------
The EPA did not propose action on Alaska's SO<INF>2</INF> BACT
determinations in State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7 for the same reasons discussed in the preceding paragraphs
regarding the Chena Power Plant.
ii. Final Rule
The EPA did not receive comments on PM<INF>2.5</INF> BACT for Fort
Wainwright and is finalizing approval of BACT for PM<INF>2.5</INF>
emissions at Fort Wainwright. Based on precursor demonstrations,
SO<INF>2</INF> and NO<INF>X</INF> emission controls are not required
for this facility as part of the Fairbanks Revised 189(d) Plan.
c. University of Alaska Fairbanks Campus Power Plant
i. Summary of Proposal
In the Fairbanks Revised 189(d) Plan, Alaska updated its Air
Quality Control Plan regarding the Fairbanks Campus Power Plant to
reflect permanently removed emission units, add new diesel boilers and
engines, update the PM<INF>2.5</INF> BACT determinations for small
diesel-fired boilers and large and small engines, correct typographical
errors, and improve clarity.\45\ Alaska also added updated
SO<INF>2</INF> BACT determinations for the Fairbanks Campus Power
Plant.
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\45\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-356.
---------------------------------------------------------------------------
With respect to the small diesel-fired boilers (EUs 17 through 22),
Alaska updated its BACT determination for PM<INF>2.5</INF> emissions
that includes a partial limit on hours of operation, an emission limit
of 0.016 lb/MMBtu,\46\ compliance with 40 CFR part 63, subpart JJJJJJ,
and work practice standards. Alaska evaluated whether installation of a
scrubber was feasible for these boilers and determined that it was
economically infeasible.\47\ Alaska noted that taking into
consideration the enforceable limit on operation, the combined
potential to emit PM<INF>2.5</INF> emissions from the six boilers is
two tons per year.
---------------------------------------------------------------------------
\46\ Alaska noted that it previously selected a 0.012 lb/MMBtu
limit erroneously. This limit is associated with industrial boilers
while the boilers at the Fairbanks Campus Power Plant are commercial
boilers.
\47\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-369.
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With respect to large diesel fired engines (EUs 8 and 35) and small
diesel fired engines (EUs 24, 26, 27, 29, and 34),\48\ Alaska
reevaluated the feasibility of add-on PM<INF>2.5</INF> controls, namely
a diesel particulate filter (DPF).\49\ EUs 24, 29, and 34 are limited
to 100 hours per year of non-emergency operation, so additional BACT
controls were not evaluated for these units. Alaska determined that a
DPF is not technologically feasible for EU 8 due to an unacceptable
increase in back pressure. Alaska determined that DPFs were
technologically feasible for the other engines, but Alaska determined
that the high cost per unit of emissions reductions rendered them
economically infeasible. Updating the cost-effectiveness analysis to
reflect comments from the EPA's Technical Support Document,\50\ Alaska
determined that the cost-effectiveness ranged from over $17,000 at EU
26 to over $20,000 per ton of PM<INF>2.5</INF> reduced at EU 27. Alaska
stated that EU 35 has potential PM<INF>2.5</INF> emissions of 0.03 tons
per year, which is an order of magnitude lower than the two other
diesel engines, EUs 26 and 27. Therefore, Alaska did not perform a cost
analysis for installing and operating a DPF on EU 35 as it would have
an even higher cost per ton estimate than EUs 26 and 27. Furthermore,
Alaska noted that EU 35 is limited to 100 hours per calendar year of
non-emergency operation and required to combust ULSD under the existing
Federal NSPS Subpart IIII requirements.\51\
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\48\ In comments, the University of Alaska Fairbanks clarified
that EU 23 has been permanently removed from service and are no
longer permitted EUs at the facility. See Comments on Proposed
Rule--Air Plan Partial Approval and Partial Disapproval; AK,
Fairbanks North Star Borough; 2006 24-Hour PM<INF>2.5</INF> Serious
Area and 189(d) Plan, at p. 9, Docket ID No. EPA-R10-OAR-2022-0115.
\49\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-372.
\50\ See Hedgpeth and Sorrels. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for the University
of Alaska, Fairbanks as part of the Fairbanks PM<INF>2.5</INF>
Nonattainment SIP, p.15. U.S. Environmental Protection Agency,
Region 10, Laboratory Services and Applied Science Division, EPA-
R10-OAR-2022-0115.
\51\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-374.
---------------------------------------------------------------------------
Alaska removed its BACT evaluation and determinations for
NO<INF>X</INF> emissions because the EPA approved a comprehensive
NO<INF>X</INF> precursor demonstration.\52\
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\52\ 88 FR 84626, December 5, 2023.
---------------------------------------------------------------------------
Alaska also submitted conditions from Air Quality Control Minor
Permit
[[Page 51537]]
AQ0316MSS08 Revision 1 (University of Alaska Fairbanks (UAF)--
University of Alaska Fairbanks Campus) (UAF Permit). The UAF Permit
conditions include enforceable PM<INF>2.5</INF> BACT emissions
limitations comprised of numerical emissions limits and work practice
standards with associated monitoring, recordkeeping, and reporting. The
permits are included in the docket for this action.\53\
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\53\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-414.
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The EPA previously reviewed Alaska's BACT evaluation for the
Fairbanks Campus Power Plant.\54\ The EPA proposed to approve Alaska's
updated PM<INF>2.5</INF> BACT determinations for the small diesel-fired
boilers (EUs 17 through 22), large diesel-fired engines (EUs 8 and 35),
and small diesel-fired engines (EUs 24, 26, 27, 29, and 34) at the
Fairbanks Campus Power Plant. The EPA previously approved Alaska's
PM<INF>2.5</INF> BACT determinations for EUs 8, 17-19, 24, and 29.
Alaska's updates are consistent with these past approvals. With respect
to EUs 26, 27, and 35, the EPA proposed to approve Alaska's economic
infeasibility demonstrations for DPFs. The EPA proposed to approve
Alaska's PM<INF>2.5</INF> BACT emissions limits for small diesel-fired
boilers (EUs 17 through 22), large diesel-fired engines (EUs 8 and 35),
and small diesel-fired engines (EUs 24, 26, 27, 29, and 34) at the
Fairbanks Campus Power Plant, which consist of numerical emissions
limits, limits on operation, fuel requirements, and work practice
standards.
---------------------------------------------------------------------------
\54\ See Hedgpeth and Sorrels. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for the University
of Alaska, Fairbanks as part of the Fairbanks PM<INF>2.5</INF>
Nonattainment SIP. U.S. Environmental Protection Agency, Region 10,
Laboratory Services and Applied Science Division, EPA-R10-OAR-2022-
0115.
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Therefore, the EPA proposed to approve the submitted revisions to
State Air Quality Control Plan, Vol. III, Appendix III.D.7.7 related to
direct PM<INF>2.5</INF> emissions and NO<INF>X</INF> emissions \55\
from the Fairbanks Campus Power Plant and the submitted conditions from
the UAF Permit \56\ as satisfying CAA section 189(b) and 40 CFR
51.1010.
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\55\ The EPA is not proposing to approve the NO<INF>X</INF>-
related emissions limits as meeting BACT for NO<INF>X</INF>. For
some emission units, Alaska imposed NO<INF>X</INF> emissions limits
as surrogates for direct PM<INF>2.5</INF> emissions.
\56\ See section III.A of this preamble for the specific permit
conditions proposed to be approved.
---------------------------------------------------------------------------
The EPA did not propose action on Alaska's SO<INF>2</INF> BACT
determinations in State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7 for the same reasons discussed in the preceding paragraphs
regarding the Chena Power Plant.
ii. Final Rule
The EPA did not receive comments on PM<INF>2.5</INF> BACT for the
University of Alaska Campus Power Plant and is finalizing approval of
BACT for PM<INF>2.5</INF> emissions at the University of Alaska Campus
Power Plant. Based on precursor demonstrations, SO<INF>2</INF> and
NO<INF>X</INF> emission controls are not required for this facility as
part of the Fairbanks Revised 189(d) Plan.
d. Zehnder Facility
i. Summary of Proposal
In the Fairbanks Revised 189(d) Plan, Alaska revised its Air
Quality Control Plan for the Zehnder Facility to correct errors and
improve clarity.\57\ Alaska also submitted conditions from Air Quality
Control Minor Permit AQ0109MSS01 Revision 1 (Golden Valley Electric
Association--Zehnder Facility) (Zehnder Permit). The Zehnder Permit
contains enforceable PM<INF>2.5</INF> BACT emissions limitations for
the emission units at the Zehnder Facility comprised of numerical
emissions limits and work practice standards with associated
monitoring, recordkeeping, and reporting. The permits are included in
the docket for this action.\58\
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\57\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-316.
\58\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-342.
---------------------------------------------------------------------------
Similar to the small diesel-fired boilers (EUs 17 through 22) at
the Fairbanks Campus Power Plant discussed in the preceding paragraphs
of section II.C of this preamble, Alaska imposed, in the Fairbanks
Serious Plan and Fairbanks 189(d) Plan, an erroneous emissions limit on
the small diesel fired boilers at the Zehnder Facility. The revised Air
Quality Control Plan and associated conditions in the Zehnder Permit
reflect the corrected limit.\59\
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\59\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-327.
---------------------------------------------------------------------------
The EPA previously reviewed Alaska's BACT evaluation for the
Zehnder Facility.\60\ In EPA's prior analysis, the EPA agreed with
Alaska's BACT determinations for PM<INF>2.5</INF>. For the turbines, no
technologically feasible add-on control options exist to reduce
PM<INF>2.5</INF> emissions. For the emergency generators, the EPA
agreed that the limits on annual hours of operation of 100 hours per
year or less will result in add-on control equipment such as a DPF
being cost prohibitive. Further, the EPA stated that similar to the
turbines, no technologically feasible add-on control options exist to
reduce PM<INF>2.5</INF> emissions from the small diesel and propane
fired boilers.\61\
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\60\ See Hedgpeth, Z. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for the Golden
Valley Electric Association (GVEA) Zehnder and North Pole Power
Plants as part of the Fairbanks PM<INF>2.5</INF> Nonattainment SIP.
U.S. Environmental Protection Agency, Region 10, Laboratory Services
and Applied Science Division, EPA-R10-OAR-2022-0115.
\61\ Id. at p. 11.
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Thus, the EPA proposed to approve the submitted revisions to State
Air Quality Control Plan, Vol. III, Appendix III.D.7.7 related to
direct PM<INF>2.5</INF> emissions and NO<INF>X</INF> \62\ emissions
from Zehnder and the submitted Zehnder Permit conditions as satisfying
CAA section 189(b) and 40 CFR 51.1010.
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\62\ The EPA is not proposing to approve the NO<INF>X</INF>-
related emissions limits as meeting BACT for NO<INF>X</INF>. For
some emission units, Alaska imposed NO<INF>X</INF> emissions limits
as surrogates for direct PM<INF>2.5</INF> emissions.
---------------------------------------------------------------------------
The EPA did not propose action on Alaska's SO<INF>2</INF> BACT
determinations in State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7 for the same reasons discussed in the preceding paragraphs
regarding the Chena Power Plant.
ii. Final Rule
The EPA did not receive comments on PM<INF>2.5</INF> BACT for the
Zehnder facility Campus Power Plant and is finalizing approval of BACT
for PM<INF>2.5</INF> emissions at the Zehnder facility. Based on
precursor demonstrations, SO<INF>2</INF> and NO<INF>X</INF> emission
controls are not required for this facility as part of the Fairbanks
Revised 189(d) Plan.
e. North Pole Power Plant
i. Summary of Proposal
In the Fairbanks Revised 189(d) Plan, Alaska revised its Air
Quality Control Plan for the North Pole Power Plant to correct errors
and improve clarity.\63\ Alaska also submitted conditions from Air
Quality Control Minor Permit AQ0110MSS01 Revision 1 (Golden Valley
Electric Association--North Pole Power Plant) (NPPP Permit). The NPPP
Permit conditions include enforceable PM<INF>2.5</INF> BACT emissions
limitations for the emission units at the North Pole Power Plant
comprised of numerical emissions limits and work practice standards
with associated monitoring, recordkeeping, and reporting. The permits
are included in the docket for this action.\64\
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\63\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-267.
\64\ See State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7-300.
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The EPA previously reviewed Alaska's BACT evaluation for the North
Pole Power Plant.\65\ The EPA agreed
[[Page 51538]]
with Alaska that no additional PM<INF>2.5</INF> BACT controls are
feasible for emission units at the North Pole Power Plant.\66\ Thus,
the EPA proposed to approve the submitted revisions to State Air
Quality Control Plan, Vol. III, Appendix III.D.7.7 related to direct
PM<INF>2.5</INF> emissions and NO<INF>X</INF> \67\ emissions from the
North Pole Power Plant and the submitted NPPP Permit conditions \68\ as
satisfying CAA section 189(b) and 40 CFR 51.1010.
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\65\ See Hedgpeth, Z. (August 24, 2022). Review of Best
Available Control Technology analyses submitted for the Golden
Valley Electric Association (GVEA) Zehnder and North Pole Power
Plants as part of the Fairbanks PM<INF>2.5</INF> Nonattainment SIP.
U.S. Environmental Protection Agency, Region 10, Laboratory Services
and Applied Science Division, EPA-R10-OAR-2022-0115.
\66\ Id. at p. 11.
\67\ The EPA is not proposing to approve the NO<INF>X</INF>-
related emissions limits as meeting BACT for NO<INF>X</INF>. For
some emission units, Alaska imposed NO<INF>X</INF> emissions limits
as surrogates for direct PM<INF>2.5</INF> emissions.
\68\ See section III.A of this preamble for the specific permit
conditions proposed to be approved.
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The EPA did not propose action on Alaska's SO<INF>2</INF> BACT
determinations in State Air Quality Control Plan, Vol. III, Appendix
III.D.7.7 for the same reasons discussed in the preceding paragraphs
regarding the Chena Power Plant.
ii. Final Rule
The EPA did not receive comments on PM<INF>2.5</INF> BACT for the
North Pole Power Plant and is finalizing approval of BACT for
PM<INF>2.5</INF> and NH<INF>3</INF> emissions at the North Pole Power
Plant. Based on precursor demonstrations, SO<INF>2</INF> and
NO<INF>X</INF> emission controls are not required for this facility.
6. Alaska's Identification and Adoption of Additional Measures and
Demonstration of 5% Reduction in Emissions Pursuant to CAA section
189(d)
a. Summary of Proposal
The EPA proposed to approve the Fairbanks Revised 189(d) Plan as
meeting the requirements of CAA section 189(d) for Serious areas for
the PM<INF>2.5</INF> NAAQS that fail to attain by the Serious area
attainment date. In the Fairbanks Revised 189(d) Plan the State
retained the identification of all sources of direct PM<INF>2.5</INF>
emissions and PM<INF>2.5</INF> plan precursors, identification of all
potential controls to reduce direct PM<INF>2.5</INF> emissions and
PM<INF>2.5</INF> plan precursors, and reevaluation of previously
rejected control measures included in the initial Fairbanks 189(d)
Plan.
As part of its reevaluation of control measures, Alaska provided
additional information for many of the control measures the State
considered in the BACM analysis. The Fairbanks Revised 189(d) Plan
includes additional explanation of the State's consideration of
potential measures such as banning installation of solid-fuel devices
in new construction, limiting heating oil to ultra-low sulfur diesel,
dry wood requirements, emissions controls for small area sources,
mobile sources, and MSMs.\69\
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\69\ State Air Quality Control Plan, Vol. II, section
III.D.7.7.12 (adopted November 5, 2024).
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Alaska identified a burn-down period as part of other
jurisdictions' solid fuel-fired heating device curtailment program.
Accordingly, Alaska adopted a burn down period of three hours for
solid-fuel heating devices that begins upon the effective date and time
of a curtailment announcement. In addition, Alaska added specific
requirements to document economic hardship as part of a No Other
Adequate Source of Heat (NOASH) curtailment program waiver for solid-
fuel devices.
Regarding the requirement of CAA section 189(d) for the plan
revision to achieve at least five percent annual reductions of
PM<INF>2.5</INF> or PM<INF>2.5</INF> plan precursor emissions each year
until attainment, Alaska included in the Fairbanks Revised 189(d) Plan
a control strategy analysis that projects annual reductions of direct
PM<INF>2.5</INF> emissions that are greater than five percent per year
through 2027, Alaska's projected attainment year.\70\ Alaska noted that
the State can demonstrate either five percent annual reductions in
emissions of direct PM<INF>2.5</INF> or a five percent annual
reductions in emissions of a PM<INF>2.5</INF> plan precursor. Alaska
elected to demonstrate five percent annual reductions in direct
PM<INF>2.5</INF> emissions. Thus, the EPA proposed to approve the
control strategy included in the Fairbanks Revised 189(d) Plan as
meeting the requirements of CAA section 189(d) and 40 CFR 51.1010(c).
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\70\ State Air Quality Control Plan, Vol. II, section
III.D.7.9.2.3, Table 7.9-9.
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b. Final Rule
The EPA did not receive comments on this requirement and is
finalizing the approval as proposed.
D. Attainment Demonstration and Modeling
1. Summary of Proposal
The EPA proposed to approve the Fairbanks Revised 189(d) Plan as
meeting the attainment demonstration and modeling requirements of CAA
section 189 and 40 CFR 51.1011. The State included an updated
attainment demonstration in the Fairbanks Revised 189(d) Plan.\71\ In
the plan, Alaska asserted that calendar year 2027 reflects attainment
``as expeditiously as practicable,'' based on air quality improvements
from the base year to attainment year, as measured by the quantified
emissions reductions associated with the implementation of control
measures.\72\
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\71\ State Air Quality Plan, Vol. II, section III.D.7.9 (adopted
November 5, 2024).
\72\ State Air Quality Plan, Vol. II, section III.D.7.9.
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The EPA proposed to approve Alaska's attainment demonstration as
meeting the requirements under 40 CFR 51.1011(b). Alaska demonstrated
that the 2027 projected attainment date for the Serious nonattainment
area is as expeditious as practicable. The EPA proposed to determine
that the attainment demonstration met the requirements of Appendix W
and included inventory data, modeling results, and emissions reduction
analyses on which the State has based its projected attainment date. As
discussed in section II.A of the Proposal, the base year for the
emissions inventories for Alaska was 2020, which the EPA proposed to
determine is the technically appropriate inventory year. The EPA
proposed to determine that the control strategies in Alaska's SIP as
rectified by the Fairbanks Revised 189(d) Plan satisfy the requirements
of 40 CFR 51.1010. Therefore, the control strategies modeled as part of
the attainment demonstration are consistent with the control strategies
required pursuant to 40 CFR 51.1003 and 51.1010. With respect to the
required timeframe for obtaining emissions reductions, all control
measures needed for attainment will be implemented as expeditiously as
practicable and implemented to attain the PM<INF>2.5</INF> NAAQS by
December 31, 2027.
Pursuant to CAA section 172(a)(2)(A) and 40 CFR 51.1004(a)(3), the
EPA proposed to extend the attainment date for the Fairbanks
PM<INF>2.5</INF> Nonattainment Area to December 31, 2027. As shown in
Table 5 of the Proposal, the 2020 base year design value at the Hurst
Road monitoring station is 64.9 [micro]g/m\3\. This design value is
well above the PM<INF>2.5</INF> 24-hour NAAQS of 35 [micro]g/m\3\,
indicating the air quality problem in the Fairbanks PM<INF>2.5</INF>
Nonattainment Area remains severe. However, Alaska has demonstrated
that attainment earlier than 2027 is not feasible. Moreover, the EPA
has reviewed Alaska's evaluations (and re-evaluations) of available
control measures and proposes to determine that Alaska's control
strategy meets the requirements of CAA section 189(b) and 189(d) and 40
CFR 51.1010. By extension, the EPA proposed to determine that there are
no other feasible measures that Alaska could implement that would
advance
[[Page 51539]]
attainment to a date earlier than December 31, 2027.
As discussed in section II.E of the Proposal regarding Reasonable
Further Progress, the primary drivers of emissions reductions will be
continued implementation of the wood stove change out program, the
Solid Fuel-Burning Appliance Curtailment Program, and the switch from
diesel no. 2 fuel oil to diesel no. 1 fuel oil. The rate of wood stove
change-outs in a single season is constrained based on the availability
of certified installers and residential demand. Similarly, higher
sulfur fuel cannot feasibly be eliminated from the Fairbanks
PM<INF>2.5</INF> Nonattainment Area until 2026 \73\ due to the time
necessary to expend all residual diesel no. 2 fuel oil and for diesel
no. 1 to fully flush out any remaining higher sulfur residue. Finally,
Alaska conducted a recent assessment of compliance with the Solid Fuel-
Burning Appliance Curtailment Program that indicated a compliance rate
of 38 percent.\74\ Given the variability of compliance with this
program in past, Alaska did not project a near-term improvement in the
compliance rate. Therefore, the EPA considered the severity of
nonattainment and the availability and feasibility of control measures
as required under CAA section 172(a)(2)(A) and 40 CFR 51.1004(a)(3).
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\73\ State Air Quality Control Plan, Vol. II, section
III.D.7.10, Table 7.10-4.
\74\ State Air Quality Control Plan, Vol. III, Appendix
III.D.7.9, at p. Appendix III.D.7.14-12.
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2. Final Rule
The EPA is finalizing approval of the attainment demonstration and
modeling as proposed. Pursuant to CAA sections 172(a)(2)(A) and
179(d)(3) and 40 CFR 51.1004(a)(3), the Serious area attainment date
for the Fairbanks PM<INF>2.5</INF> Nonattainment Area is December 31,
2027. In its December 5, 2023, final action, the EPA disapproved
Alaska's attainment demonstration projecting attainment by December 31,
2024. Finalizing approval of Alaska's revised attainment demonstration
submitted as part of the Fairbanks Revised 189(d) Plan, rectifies this
prior disapproval.
3. Comments and Responses
The EPA received comments on the EPA's proposed approval of
Alaska's attainment demonstration. In general, the comments questioned
whether the Fairbanks PM<INF>2.5</INF> Nonattainment Area can reach
attainment and the appropriateness of tolling the sanctions clocks and
initiating steps to lift the transportation conformity freeze at this
time. The EPA disagrees with these comments. The commenters primarily
focused on the current air quality and on Alaska's historic challenges
projecting emissions reductions. The commenters argued that these were
sufficient bases for retaining the transportation conformity freeze and
sanctions clocks. However, under the CAA, once a State makes a SIP
submission intended to rectify the deficiencies that form the basis for
a prior disapproval of a SIP submission, and the EPA takes final action
to approve that SIP submission, sanctions clocks started due to the
deficiencies are eliminated.\75\ In this action, the EPA is determining
that Alaska has rectified the deficiencies in the initial Fairbanks
189(d) Plan that formed the basis for the EPA's 2023 disapproval.
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\75\ CAA section 179(a), 42 U.S.C. 7509(a).
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Similarly, in a separate action, the EPA found the budgets
submitted by the State as part of the Fairbanks Revised 189(d) Plan
adequate and is also approving those budgets as part of this action.
Therefore, the area's metropolitan planning organization, the Fairbanks
Area Surface Transportation (FAST) Planning, may determine conformity
of its transportation plan and transportation improvement program (TIP)
to the adequate budgets.\76\ Once FAST Planning and the U.S. Department
of Transportation (DOT) makes a transportation conformity determination
for its transportation plan and TIP, the freeze will end. Please see
the EPA's Response to Comments document in the docket for this action
for a summary of those comments and the EPA's detailed responses.\77\
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\76\ 40 CFR 93.120.
\77\ The EPA's Response to Comments, section 4.E.
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E. Reasonable Further Progress
1. Summary of Proposal
The EPA proposed to approve the Fairbanks Revised 189(d) Plan as
meeting the RFP requirements in CAA section 172(c)(2) and 40 CFR
51.1012. The Fairbanks Revised 189(d) Plan included updated RFP
provisions at State Air Quality Control Plan, Vol. II, section
III.D.7.10.\78\ Consistent with the attainment demonstration provisions
discussed in the preceding paragraphs, these updated RFP provisions
reflect the attainment year of 2027.\79\ The updated RFP analysis
included a schedule that includes 2020 as the base year, 2027 as the
attainment year, and the following years as RFP and quantitative
milestone analysis years: 2023, 2026, and 2029.\80\
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\78\ Adopted November 5, 2024.
\79\ RFP provisions in prior SIP submissions for the Fairbanks
PM<INF>2.5</INF> Nonattainment Area reflected varying projected
attainment dates. Initially Alaska submitted an RFP plan in the
Fairbanks Serious Plan based on the projected attainment year of
2029. Alaska withdrew and replaced the RFP plan in the Fairbanks
189(d) plan based on the revised 2024 attainment projection.
\80\ See State Air Quality Plan, Vol. II, section III.D.7.10.2.
---------------------------------------------------------------------------
The RFP provisions in the Fairbanks Revised 189(d) Plan met each of
the requirements in 40 CFR 51.1012(a)(1) through (4). First, the RFP
provisions included a schedule describing the implementation of control
measures during each year of the applicable attainment plan.\81\
Second, the Fairbanks Revised 189(d) Plan included RFP projected
emissions for direct PM<INF>2.5</INF> and all PM<INF>2.5</INF> plan
precursors for each applicable milestone year based on the phase-in
schedule.\82\ Third, the Fairbanks Revised 189(d) Plan included an
analysis that presents the schedule of control measures and estimated
emissions changes to be achieved by each milestone year: 2023, 2026,
and 2029.\83\ This analysis relies on information from the base year
inventory and attainment projected inventories in State Air Quality
Control Plan, Vol. II, section III.D.7.8, as well as the RFP projected
emissions. The analysis demonstrated that the control strategy will
achieve reasonable progress toward attainment between the applicable
base year and the attainment year.\84\
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\81\ Id. at section III.D.7.10.3.2; See also State Air Quality
Control Plan, Vol. III, Appendix III.D.7.10.
\82\ Id. at section III.D.7.10.3.3, Table 7.10-5.
\83\ Id. at section III.D.7.10.3.2, Table 7.10-4.
\84\ Id. at section III.D.7.10.3, Tables 7.10-4-7.10-5; Figures
7.10-3--7.10-5. Note that NH<INF>3</INF> emissions are projected to
increase from base year to the projected attainment year. As
discussed in the preceding paragraphs regarding the control
strategy, the EPA either has previously approved Alaska's control
strategy as meet planning requirements for sources of
NH<INF>3.</INF> This is primarily because there are either no
controls for sources of NH<INF>3</INF> emissions in the Fairbanks
PM<INF>2.5</INF> Nonattainment Area or the direct PM<INF>2.5</INF>
emissions controls are sufficient to control NH<INF>3</INF>
emissions.
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Finally, the Fairbanks Revised 189(d) Plan included an analysis
that demonstrates that by the end of the calendar year for each
milestone date, pollutant emissions will be at levels that reflect
either linear progress or stepwise progress in reducing emissions on an
annual basis between the base year and attainment year. In its December
5, 2023, final action, the EPA disapproved the reasonable further
progress provisions included in the initial Fairbanks 189(d) Plan.
Finalizing approval of Alaska's revised reasonable further progress
provisions included in the Fairbanks Revised 189(d) Plan, rectifies
this prior disapproval.
[[Page 51540]]
2. Final Rule
The EPA did not receive comments on the Reasonable Further Progress
requirement and is finalizing the approval as proposed.
F. Quantitative Milestones
1. Summary of Proposal
The EPA proposed to approve the Fairbanks Revised 189(d) Plan as
meeting the quantitative milestone requirements of CAA section
189(c)(1) and 40 CFR 51.1013. First, in accordance with 40 CFR
51.1013(a)(3)(ii) and (a)(4), the Fairbanks Revised 189(d) Plan
included quantitative milestones for the years 2023, 2026, and 2029.
Second, the Fairbanks Revised 189(d) Plan included phase-in metrics for
each measure in the control strategy, including measures necessary to
meet the BACM and BACT requirements in CAA section 189(b) and 40 CFR
51.1010(a) and the requirements of CAA section 189(d) and 40 CFR
51.1010(c). Finally, the EPA proposed to find that the quantitative
milestones selected by the State allowed for objective evaluation of
whether the State is meeting the RFP requirements of the Fairbanks
Revised 189(d) Plan.
2. Final Rule
The EPA did not receive comments on the Reasonable Further Progress
requirement and is finalizing the approval as proposed.
G. Contingency Measures
1. Summary of Proposal
In the Proposal, the EPA reviewed the three measures that the State
included in the Fairbanks Revised 189(d) Plan to meet the contingency
measures requirement for the 2006 24-hour PM<INF>2.5</INF> NAAQS. The
EPA proposed to approve one of the State's submitted measures as a
contingency measure, reducing the solid fuel-burning device curtailment
thresholds. This contingency measure would achieve approximately 0.086
tons per day PM<INF>2.5</INF> emissions reductions with an increase of
0.047 tons per day SO<INF>2</INF> emissions. The EPA proposed to
approve the other two measures as SIP-strengthening, enforceable
commitments to enhance enforcement of the Solid Fuel-Burning Appliance
Curtailment Program and removal of wood stoves. These SIP-strengthening
measures would achieve surplus emissions reductions by increasing the
compliance rate with the curtailment program from 38 percent to 65
percent and the wood stove removal measure from 30 percent to 45
percent.
The EPA proposed to find that the State provided an adequate
reasoned justification that no other contingency measures are feasible
for the Fairbanks PM<INF>2.5</INF> Nonattainment Area for purposes of
the 2006 24-hour NAAQS. The EPA proposed to approve the Fairbanks
Revised 189(d) Plan as meeting the contingency measure requirements in
CAA section 179(c)(9) and 40 CFR 51.1014(a). See the Proposal, section
II.G.4, for the EPA's detailed evaluation of Alaska's contingency
measures.
2. Final Rule
The EPA did not receive comments on the Contingency Measure
requirement and is finalizing the approval as proposed.
H. Motor Vehicle Emissions Budgets for Transportation Conformity
1. Summary of Proposal
The Fairbanks Revised 189(d) Plan included budgets for direct
PM<INF>2.5</INF> for each of the upcoming RFP years (2023, 2026, and
2029) and the 2027 attainment year identified by Alaska. Alaska did not
include budgets for NO<INF>X</INF> emissions because Alaska previously
demonstrated that NO<INF>X</INF> emissions do not significantly
contribute to PM<INF>2.5</INF> formation in the Fairbanks
PM<INF>2.5</INF> Nonattainment Area, and the EPA finalized approval of
that precursor demonstration on December 5, 2023.\85\ For VOC,
SO<INF>2</INF> and NH<INF>3</INF> emissions, in accordance with 40 CFR
93.102(b)(2)(v), transportation-related emissions of these precursors
have not been found to be significant and thus the State included no
budgets for them.\86\ Therefore, in the Fairbanks PM<INF>2.5</INF>
Nonattainment Area, transportation conformity applies only with respect
to direct emissions of PM<INF>2.5</INF>.
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\85\ See section II.B.2 (December 5, 2023 (88 FR 84629). Note
that 40 CFR 93.102(b)(2)(iv) indicates that NO<INF>X</INF> emissions
would apply in transportation conformity in PM<INF>2.5</INF> areas
unless the appropriate finding has been made or if the SIP does not
establish a budget for NO<INF>X</INF> emissions.
\86\ Under 40 CFR 93.102(b)(2)(v), the requirements of the
transportation conformity rule apply for VOC, SO<INF>2</INF>, and/or
NH<INF>3</INF> emissions in a PM<INF>2.5</INF> area if either (1)
the EPA Regional Administrator or the director of the state air
agency makes a finding that transportation-related emissions of any
of these precursors within the nonattainment area are a significant
contributor to the PM<INF>2.5</INF> nonattainment problem and has so
notified the MPO and the DOT, or (2) if the applicable
implementation plan or submission establishes an approved or
adequate budget for such emissions as part of the reasonable further
progress, attainment or maintenance strategy. Because neither
criterion is met for the Fairbanks area, budgets were not included
for VOC, SO<INF>2</INF>, and NH<INF>3</INF> emissions.
---------------------------------------------------------------------------
The EPA evaluated the motor vehicle emissions budgets developed by
Alaska against the adequacy criteria in 40 CFR 93.118(e)(4) as part of
our review of this SIP submission. Because the budgets met the criteria
in the transportation conformity regulation at 40 CFR 93.118(e)(4), the
EPA proposed to approve them as part of this SIP submission that
addresses attainment and RFP.
In addition to proposing approval of the budgets, the EPA initiated
the adequacy review process for the budgets in the Proposal, as
described by 40 CFR 93.118(f)(2). When reviewing SIP submissions
containing conformity budgets, the EPA reviews the budgets using the
adequacy criteria in 40 CFR 93.118(e)(4). Once the EPA affirmatively
finds the submitted budgets are adequate for transportation conformity
purposes, those budgets must be used by FAST Planning and the U.S.
Department of Transportation when determining whether proposed
transportation activities conform to the SIP as required by section
176(c) of the CAA. See 40 CFR 93.109(c)(1) and 93.118(e)(1); see also
93.118(a) through (d).\87\ The EPA issued its finding of adequacy for
the budgets via letter on April 4, 2025,\88\ and published an
accompanying Notice of Adequacy on May 8, 2025 (88 FR 19423) in the
Federal Register.
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\87\ However, the budgets in submitted implementation plans do
not supersede the budgets in an approved SIP submission for the same
CAA requirement and the period of years addressed by the previously
approved SIP submission, unless the EPA specifies otherwise in its
approval of a SIP submission. 40 CFR 93.118(e)(1).
\88\ Letter from Krishna Viswanathan, Director, Air and
Radiation Division, U.S. Environmental Protection Agency to
Christina Carpenter, Acting Commissioner, Alaska Department of
Environmental Conservation, April 4, 2025.
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2. Final Rule
The EPA is finalizing approval of the Motor Vehicle Emission
Budgets for Transportation Conformity.
3. Comments and Responses
The EPA received adverse comments on the EPA's proposed approval of
Motor Vehicle Emission Budgets for Transportation Conformity.
Specifically, commenters expressed concern regarding increased diesel
particulate emissions from ore truck hauling through the nonattainment
area. The EPA acknowledges the concerns regarding diesel particulate
emissions. Alaska accounted for increased diesel particulate emissions
from ore truck hauling in the emissions analysis used to develop the
budgets. Alaska used conservative assumptions regarding the frequency
of truck trips and truck size when estimating ore truck emissions.
Thus, the EPA's position remains that the motor vehicle emissions
budgets meet the adequacy criteria in 40 CFR 93.118(e)(4). The EPA
provides a more
[[Page 51541]]
detailed response to these comments in the Response to Comments
document in the docket for this action.\89\
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\89\ The EPA's Response to Comments, section 4.E.
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III. EPA Final Action
A. Final Approval
1. In this action, the EPA is finalizing approval of the submitted
revisions to the Alaska SIP as meeting the following Serious Plan and
CAA section 189(d) \90\ required elements for the 2006 24-hour
PM<INF>2.5</INF> NAAQS Fairbanks Nonattainment Area:
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\90\ 42 U.S.C. 7513a(d).
---------------------------------------------------------------------------
a. Base year emissions inventory requirements of CAA section
172(c)(3) \91\ and 40 CFR 51.1008(c)(1) for areas subject to CAA
section 189(d)).
---------------------------------------------------------------------------
\91\ 42 U.S.C. 7502(c)(3).
---------------------------------------------------------------------------
b. Attainment projected emissions inventory requirements of CAA
section 172(c)(1) \92\ and 40 CFR 51.1008(c)(2)).
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\92\ 42 U.S.C. 7502(c)(1).
---------------------------------------------------------------------------
c. BACM and BACT requirements (CAA section 189(b)(1)(B) \93\ and 40
CFR 51.1010(a)) for the following emission source categories:
---------------------------------------------------------------------------
\93\ 42 U.S.C. 7513a(b)(1)(B).
---------------------------------------------------------------------------
i. Requirements for wood sellers
ii. Coal-fired heating devices
iii. Coffee roasters
iv. Energy efficiency and weatherization measures
v. Mobile source emissions
vi. Control strategy BACT requirements for direct PM<INF>2.5</INF>
emissions meeting the requirements of CAA section 189(b)(1)(B) \94\ and
40 CFR 51.1010(a) for the following emissions sources: \95\
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\94\ 42 U.S.C. 7513a(b)(1)(B).
\95\ For specific emission units, see State Air Quality Control
Plan, Vol. II, section III.7.7.13.8.2.
<bullet> Chena Power Plant
<bullet> Fort Wainwright
<bullet> University of Alaska Fairbanks
<bullet> Zehnder Facility
<bullet> North Pole Power Plant
d. Additional measures (beyond those already adopted in previous
nonattainment plan SIP submissions for the area as RACM/RACT and BACM/
BACT) under CAA section 189(d) and 40 CFR 51.1010(c).
e. Attainment demonstration and modeling requirements of CAA
sections 172(a)(2), 189(b)(1)(A), and 189(d) and 40 CFR 51.1003(c) and
51.1011.
f. Reasonable further progress (RFP) requirements of CAA section
172(c)(2) \96\ and 40 CFR 51.1012.
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\96\ 42 U.S.C. 7502(c)(2).
---------------------------------------------------------------------------
g. Quantitative milestones requirements of CAA section 189(c) \97\
and 40 CFR 51.1013.
---------------------------------------------------------------------------
\97\ 42 U.S.C. 7513a(c).
---------------------------------------------------------------------------
h. Contingency measures requirements of CAA section 172(c)(9) \98\
and 40 CFR 51.1014 applicable to Serious areas subject to CAA sections
189(b) and 189(d).
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\98\ 42 U.S.C. 7502(c)(9).
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i. Motor vehicle emission budgets requirements under 40 CFR
51.1003(d) and 93.118.
2. The EPA is finalizing approval of the submitted chapters of the
Alaska Air Quality Control Plan for the Fairbanks PM<INF>2.5</INF>
Nonattainment Area, State effective December 14, 2024:
a. Volume II, section III.D.7.06 and Volume III, Appendix
III.D.7.06 Emissions Inventory for purposes of the 2020 baseline
emissions inventory and 2027 attainment year emissions inventory.
b. Volume II, section III.D.7.07 and Volume III, Appendix
III.D.7.07 Control Strategies for purposes of the wood seller
requirements, coal-fired heating devices, coffee roasters, energy
efficiency and weatherization, light-duty vehicle anti-idling, and
PM<INF>2.5</INF> BACT determinations for the Chena Power Plant, Fort
Wainwright Power Plant, University of Alaska Fairbanks Campus Power
Plant, Zehnder Power Plant, and the North Pole Power Plant.
c. Volume II, section III.D.7.08 Modeling and Volume III, Appendix
III.D.7.08 Modeling.
d. Volume II, section II.D.7.09 Attainment Demonstration and Volume
III, Appendix II.D.7.09 Attainment Demonstration.
e. Volume II, section II.D.7.10 Reasonable Further Progress and
Quantitative Milestones and Volume III, Appendix II.D.7.10 Reasonable
Further Progress and Quantitative Milestones.
f. Volume II, section II.D.7.11 Contingency Measures.\99\
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\99\ The EPA is approving enforceable commitments in the State
Air Quality Control Plan, Vol. II, section III.D.7.2.1 as SIP-
strengthening and not as contingency measures meeting the
requirements of CAA section 172(c)(9).
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g. Volume II, section II.D.7.12 Emergency Episode Plan.
h. Volume II, section II.D.7.14 Conformity and Motor Vehicle
Emissions Budgets and Volume III, Appendix II.D.7.14 Conformity and
Motor Vehicle Emissions Budgets.
3. The EPA is also finalizing approval and incorporating by
reference submitted regulatory provisions into the Alaska SIP at 40 CFR
52.70(c), State effective December 8, 2024:
a. 18 AAC 50.055 (industrial processes and fuel-burning equipment
requirements), except (d)(2)(B).
b. 18 AAC 50.076 (solid fuel-fired heating device fuel
requirements; registration of commercial wood sellers), except (g)(11).
c. 18 AAC 50.077 (standards for wood fired heating devices), except
(g).
d. 18 AAC 50.078 (additional control measures for a serious
PM<INF>2.5</INF> nonattainment area), except (c).
e. 18 AAC 50.079 (provisions for coal-fired heating devices).
4. The EPA is also approving and incorporating by reference
submitted source-specific provisions into the Alaska SIP at 40 CFR
52.70(d), State effective December 14, 2024:
a. Minor Permit AQ1121MSS04 Rev. 1, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Doyon Utilities, LLC--Fort Wainwright (Privatized
Emission Units)).
b. Minor Permit AQ0236MSS03 Rev. 2, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only (U.S. Army Garrison Fort Wainwright).
c. Minor Permit AQ0110MSS01 Rev. 1, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Golden Valley Electric Association, North Pole
Power Plant).
d. Minor Permit AQ0109MSS01 Rev. 2, Title Page, Table of Contents,
List of Abbreviations and Acronyms, Section 1, Section 3, Section 4,
and Section 6, only, (Golden Valley Electric Association, Zehnder
Facility).
e. Minor Permit AQ0315MSS02 Revision 1, Title Page, Table of
Contents, List of Abbreviations and Acronyms, Section 1, Section 3,
Section 4, and Section 6, only, (Aurora Energy LLC, Chena Power Plant).
f. Minor Permit AQ0316MSS08 Revision 1, Title Page, Table of
Contents, List of Abbreviations and Acronyms, Section 1, Section 3,
Section 4, and Section 6, only, (University of Alaska Fairbanks,
University of Alaska Fairbanks Campus).
B. Terminating Sanctions Clocks and Lifting the Transportation
Conformity Freeze
Additionally, the EPA is affirmatively determining that the State
has made a SIP submission correcting each of the deficiencies
identified in the EPA's December 5, 2023, partial approval partial
disapproval action (88 FR 84626). In accordance with CAA section 179(a)
and 40 CFR 52.31(d)(5), the sanctions clocks triggered by the EPA's
partial disapprovals in the prior action are now permanently stopped
and eliminated.
The EPA issued the Notice of Adequacy for the Motor Vehicle
[[Page 51542]]
Emissions Budgets in a separate action on May 8, 2025 (88 FR 19423).
The adequacy finding for the budgets, which the EPA are also approving
through this action, allows FAST Planning, and subsequently the U.S.
DOT, to make conformity determinations for the transportation plan and
TIP that would end the transportation conformity freeze, see 40 CFR
93.120(a)(2). Lastly, in accordance with CAA section 110(c), this final
approval eliminates the EPA's obligation to promulgate a Federal
implementation plan (FIP) for the disapproved portions of Alaska's SIP
submission in the EPA's December 5, 2023, final rule (88 FR
84626).\100\
---------------------------------------------------------------------------
\100\ CAA section 110(c), 42 U.S.C. 7410(c).
---------------------------------------------------------------------------
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is incorporating by reference regulatory provisions
as described in section III of this document. The EPA has made, and
will continue to make, these materials generally available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this document for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 20, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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).
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: October 29, 2025.
Daniel Opalski,
Deputy Regional Administrator, Region 10.
For the reasons set forth in the preamble, the EPA amends 40 CFR
part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Alaska
0
2. In Sec. 52.70:
0
a. Amend table 1 in paragraph (c) by revising the entries for ``18 AAC
50.055'', ``18 AAC 50.076'', ``18 AAC 50.077'', ``18 AAC 50.078'', and
``18 AAC 50.079'';
0
b. Revise table 4 to paragraph (d); and
0
c. Amend table 5 in paragraph (e) by:
0
i. Revising the second entries for ``II.III.D.7.06 Fairbanks Emissions
Inventory Data'' and ``III.III.D.7.06 Appendix to Fairbanks Emissions
Inventory Data'' and the entries for ``II.III.D.7.07 Control
Strategies'', ``III.III.D.7.07 Appendix to Control Strategies'',
``II.III.D.7.08 Modeling'', and ``III.III.D.7.08 Appendix to Modeling''
under the heading ``Recently Approved Plans''; and
0
ii. Adding entries for ``II.III.D.7.09 Attainment Demonstration'',
``III.III.D.7.09 Appendix to Attainment Demonstration'',
``II.III.D.7.10 Reasonable Further Progress and Quantitative
Milestones'', ``III.III.D.7.10 Appendix to Reasonable Further Progress
and Quantitative Milestones'', ``II.III.D.7.11 Contingency Measures'',
``II.III.D.7.12 Fairbanks Emergency Episode Plan'', ``II.III.D.7.14
Conformity and Motor Vehicle Emission Budgets'', and ``III.III.D.7.14
Appendix to Conformity and Motor Vehicle Emission Budgets'' at the end
of the table.
The revisions and additions read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
[[Page 51543]]
Table 1 to Paragraph (c)--EPA-Approved Alaska Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18--Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------
* * * * * * *
18 AAC 50.055...... Industrial Processes 12/8/2024 11/18/2025, 90 FR Except (d)(2)(B).
and Fuel-Burning [INSERT FEDERAL
Equipment. REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
* * * * * * *
18 AAC 50.076...... Solid Fuel-Fired 12/8/2024 11/18/2025, 90 FR Except (g)(11).
Heating Device Fuel [INSERT FEDERAL
Requirements; REGISTER PAGE WHERE
Requirements for Wood THE DOCUMENT BEGINS].
Sellers.
18 AAC 50.077...... Standards for Wood- 12/8/2024 11/18/2025, 90 FR Except (g).
Fired Heating Devices. [INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
18 AAC 50.078...... Additional Control 12/8/2024 11/18/2025, 90 FR Except (c).
Measures for a Serious [INSERT FEDERAL
PM-2.5 Nonattainment REGISTER PAGE WHERE
Area. THE DOCUMENT BEGINS].
18 AAC 50.079...... Provisions For Coal- 12/8/2024 11/18/2025, 90 FR ......................
Fired Heating Devices. [INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) * * *
Table 4 to Paragraph (d)--EPA-Approved Alaska Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Order/permit number date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Doyon Utilities, Minor Permit 10/31/2024 11/18/2025, 90 FR Title Page, Table of
LLC--Fort AQ1121MSS04 Rev. 1. [INSERT FEDERAL Contents, List of
Wainwright REGISTER PAGE WHERE Abbreviations and
(Privatized THE DOCUMENT BEGINS]. Acronyms, Section 1,
Emission Units). Section 3, Section 4,
and Section 6, only.
U.S. Army Garrison Minor Permit 10/28/2024 11/18/2025, 90 FR Title Page, Table of
Fort Wainwright.. AQ0236MSS03 Rev. 2. [INSERT FEDERAL Contents, List of
REGISTER PAGE WHERE Abbreviations and
THE DOCUMENT BEGINS]. Acronyms, Section 1,
Section 3, Section 4,
and Section 6, only.
Golden Valley Minor Permit 10/30/2024 11/18/2025, 90 FR Title Page, Table of
Electric AQ0110MSS01 Rev. 1. [INSERT FEDERAL Contents, List of
Association, North REGISTER PAGE WHERE Abbreviations and
Pole Power Plant. THE DOCUMENT BEGINS]. Acronyms, Section 1,
Section 3, Section 4,
and Section 6, only.
Golden Valley Minor Permit 10/28/2024 11/18/2025, 90 FR Title Page, Table of
Electric AQ0109MSS01 Rev. 2. [INSERT FEDERAL Contents, List of
Association, REGISTER PAGE WHERE Abbreviations and
Zehnder Facility. THE DOCUMENT BEGINS]. Acronyms, Section 1,
Section 3, Section 4,
and Section 6, only.
Aurora Energy LLC, Minor Permit 10/28/2024 11/18/2025, 90 FR Title Page, Table of
Chena Power Plant. AQ0315MSS02 Revision 1. [INSERT FEDERAL Contents, List of
REGISTER PAGE WHERE Abbreviations and
THE DOCUMENT BEGINS]. Acronyms, Section 1,
Section 3, Section 4,
and Section 6, only.
University of Minor Permit 10/31/2024 11/18/2025, 90 FR Title Page, Table of
Alaska Fairbanks, AQ0316MSS08 Revision 1. [INSERT FEDERAL Contents, List of
University of REGISTER PAGE WHERE Abbreviations and
Alaska Fairbanks THE DOCUMENT BEGINS]. Acronyms, Section 1,
Campus. Section 3, Section 4,
and Section 6, only.
----------------------------------------------------------------------------------------------------------------
[[Page 51544]]
(e) * * *
Table 5 to Paragraph (e)--EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or State submittal
Name of SIP provision nonattainment area date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recently Approved Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
II.III.D.7.06 Fairbanks Emissions Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Inventory Data. FEDERAL REGISTER PAGE WHERE Fairbanks 189(d) Plan 2020
THE DOCUMENT BEGINS]. base year emissions
inventory and 2027
attainment projected
emissions inventory.
III.III.D.7.06 Appendix to Fairbanks Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Emissions Inventory Data. FEDERAL REGISTER PAGE WHERE Fairbanks 189(d) Plan 2020
THE DOCUMENT BEGINS]. base year emissions
inventory and 2027
attainment projected
emissions inventory.
II.III.D.7.07 Control Strategies...... Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
III.III.D.7.07 Appendix to Control Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Strategies. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
II.III.D.7.08 Modeling................ Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
FEDERAL REGISTER PAGE WHERE Fairbanks Serious and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan for
the PM2.5 precursor
demonstration for NOx and
VOC emissions and SO2
emissions from existing
major stationary sources as
it relates to control
strategy requirements for
areas subject to CAA section
189(b) and (d), 42 U.S.C.
7513a(b) and (d).
III.III.D.7.08 Appendix to Modeling... Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan for
the PM2.5 precursor
demonstrations for NOX and
VOC emissions and SO2
emissions from existing
major stationary sources as
it relates to control
strategy requirements for
areas subject to CAA section
189(b) and (d), 42 U.S.C.
7513a(b) and (d).
[[Page 51545]]
* * * * * * *
II.III.D.7.09 Attainment Demonstration Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
Pursuant to CAA sections
172(a)(2)(A) and 179(d)(3),
42 U.S.C. 7502(a)(2)(A) and
42 U.S.C. 7509(d)(3), and 40
CFR 51.1004(a)(3), the
Serious area attainment date
for the Fairbanks PM2.5
Nonattainment Area is
December 31, 2027.
III.III.D.7.09 Appendix to Attainment Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Demonstration. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
Pursuant to CAA sections
172(a)(2)(A) and 179(d)(3),
42 U.S.C. 7502(a)(2)(A) and
42 U.S.C. 7509(d)(3), and 40
CFR 51.1004(a)(3), the
Serious area attainment date
for the Fairbanks PM2.5
Nonattainment Area is
December 31, 2027.
II.III.D.7.10 Reasonable Further Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Progress and Quantitative Milestones. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
III.III.D.7.10 Appendix to Reasonable Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Further Progress and Quantitative FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
Milestones. THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
II.III.D.7.11 Contingency Measures.... Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
II.III.D.7.12 Fairbanks Emergency Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Episode Plan. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
II.III.D.7.14 Conformity and Motor Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
Vehicle Emission Budgets. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
III.III.D.7.14 Appendix to Conformity Fairbanks North Star Borough.. 12/4/2024 11/18/2025, 90 FR [INSERT Approved for purposes of the
and Motor Vehicle Emission Budgets. FEDERAL REGISTER PAGE WHERE Fairbanks Serious Plan and
THE DOCUMENT BEGINS]. Fairbanks 189(d) Plan.
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 52.73 by revising paragraph (e)(2)(ii) to read as
follows:
Sec. 52.73 Approval of plans.
* * * * *
(e) * * *
(2) * * *
(ii) The EPA approves the revisions to the Alaska State
Implementation Plan submitted on December 4, 2024, as meeting the
following requirements applicable to the Fairbanks North Star Borough
2006 24-hour PM<INF>2.5</INF> Nonattainment Area:
(A) 2020 base year emissions inventory (Clean Air Act section
172(c)(3), 42 U.S.C. 7502(c)(3), 40 CFR 51.1008(c)(1)) for areas
subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d);
(B) 2027 attainment projected emissions inventory (Clean Air Act
section 172(c)(1), 42 U.S.C. 7502(c)(1), 40 CFR 51.1008(c)(2)) for
areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d));
(C) PM<INF>2.5</INF> precursor demonstrations for SO<INF>2</INF>
emissions for existing major stationary sources (Clean Air Act section
189(e), 42 U.S.C. 7513a(e); 40 CFR 51.1006(a));
(D) The control strategy as meeting BACM and BACT requirements
under Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and
40 CFR 51.1010(a) for the following emission source categories:
PM<INF>2.5</INF> control measures for major stationary sources,
requirements for wood sellers, coal-fired heating devices, coffee
roasters, energy efficiency and weatherization measures, mobile source
category;
[[Page 51546]]
(E) Additional measures (beyond those already adopted in previous
nonattainment plan SIP submissions for the area as RACM/RACT, BACM/
BACT, and MSM (if applicable)) under Clean Air Act section 189(d), 42
U.S.C. 7513a(d), and 40 CFR 51.1010(c);
(F) Attainment demonstration and modeling requirements of Clean Air
Act sections 172(a)(2), 189(b)(1)(A), and 189(d), 42 U.S.C. 7502(a)(2),
42 U.S.C. 7513a(b)(1)(A) and 7513a(d), and 40 CFR 51.1003(c) and
51.1011 (Pursuant to CAA section 172(a)(2)(A), 42 U.S.C. 7502(a)(2),
and 40 CFR 51.1004(a)(3), the Serious area attainment date for the
Fairbanks PM<INF>2.5</INF> Nonattainment Area is December 31, 2027);
(G) Reasonable further progress (RFP) requirements of Clean Air Act
section 172(c)(2), 42 U.S.C. 7502(c)(2), and 40 CFR 51.1012;
(H) Quantitative milestones requirements of Clean Air Act section
189(c), 42 U.S.C. 7513a(c), and 40 CFR 51.1013;
(I) Contingency measures requirements of Clean Air Act section
172(c)(9), 42 U.S.C. 7502(c)(9), and 40 CFR 51.1014 applicable to
Serious areas subject to Clean Air Act sections 189(b) and 189(d), 42
U.S.C. 7513a(b) and 7513a(d); and
(J) Motor vehicle emission budgets requirements under 40 CFR
51.1003(d) and 93.118.
* * * * *
[FR Doc. 2025-20097 Filed 11-17-25; 8:45 am]
BILLING CODE 6560-50-P
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