[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Rules and Regulations]
[Pages 62096-62098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24258]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0648; FRL-8787-02-R10]
Air Plan Approval; AK; Eagle River Second 10-Year PM10 Limited
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Eagle River, Alaska (AK) limited maintenance plan (LMP) submitted on
November 10, 2020, by the Alaska Department of Environmental
Conservation (ADEC or ``the State''). This plan addresses the second
10-year maintenance period after redesignation for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). The plan relies upon control measures
contained in the first 10-year maintenance plan and the determination
that the Eagle River area currently monitors PM10 levels
well below the PM10 National Ambient Air Quality Standard
(NAAQS or ``the standard''). The EPA is approving Alaska's LMP as
meeting Clean Air Act (CAA) requirements.
DATES: This final rule is effective December 9, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2020-0648. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which 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 at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA 98101, at (360) 753-9081, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to the EPA.
I. Background
On November 10, 2020, ADEC submitted to the EPA for approval a
second 10-year PM10 LMP for Eagle River. The SIP revision,
State effective November 7, 2020, fulfills the second 10-year planning
requirement of CAA section 175A(b) to ensure PM10 NAAQS
compliance through 2033. The Eagle River area has been meeting the
PM10 standard for multiple years and was redesignated to
attainment on March 8, 2013 with an approved 10-year PM10
maintenance plan. The area currently monitors PM10 levels
well below the PM10 NAAQS.
We proposed to approve the Eagle River second 10-year LMP on
September 2, 2021 (86 FR 49278). The reasons for our approval are
included in that proposal and will not be restated here. The public
comment period for our proposed action closed on October 4, 2021. We
received no public comments. Therefore, we are finalizing our action as
proposed.
II. Final Action
In this final action, the EPA is approving Alaska's second 10-year
LMP for Eagle River submitted on November 10, 2020, as satisfying the
requirements of section 175A of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, 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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive
[[Page 62097]]
Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 10, 2022. 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.
Dated: November 1, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended 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, the table in paragraph (e) is amended by:
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a. Adding entry ``II.III.D.2.b. Eagle River Second 10-year
PM10 Limited Maintenance Plan'' after the entry
``II.III.D.2.a. Eagle River PM10 Limited Maintenance Plan'';
and
0
b. Revising the entry ``III.III.D.2. Eagle River PM10
Control Plan''.
The addition and revision read as follow:
Sec. 52.70 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable geographic or State
Name of SIP provision nonattainment area submittal date EPA approval date Explanations
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State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
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* * * * * * *
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Section III. Areawide Pollutant Control Program
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* * * * * * *
II.III.D.2.b. Eagle River Second Eagle River............. 11/10/2020 11/9/2021, [INSERT
10-year PM10 Limited Maintenance FEDERAL REGISTER
Plan. CITATION].
* * * * * * *
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State of Alaska Air Quality Control Plan: Volume II. Appendices
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* * * * * * *
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Section III. Areawide Pollutant Control Program
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* * * * * * *
III.III.D.2. Eagle River PM10 Eagle River............. 11/10/2020 11/9/2021, [INSERT
Control Plan. FEDERAL REGISTER
CITATION].
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[FR Doc. 2021-24258 Filed 11-8-21; 8:45 am]
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