
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11707-11711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04452]



[[Page 11707]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0421; FRL-9907-22-Region 10]


Approval and Promulgation of State Implementation Plans: Alaska; 
Anchorage Carbon Monoxide Limited Maintenance Plan and State 
Implementation Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Alaska (the State) submitted two State 
Implementation Plan (SIP) revisions to the Anchorage Transportation 
Control Program, Anchorage Carbon Monoxide (CO) Maintenance Plan. On 
September 20, 2011, the State submitted a SIP revision (2011 Submittal) 
that updated Anchorage's CO motor vehicle emissions budget (MVEB) in 
the Anchorage CO maintenance area using the EPA's Motor Vehicle 
Emission Simulator (MOVES) model. On April 22, 2013, the State 
submitted a SIP revision (2013 Submittal) to satisfy the Clean Air Act 
(CAA) section 175A(b) requirement for a second 10-year maintenance plan 
for the Anchorage CO maintenance area in the form of a limited 
maintenance plan (LMP). This LMP addresses maintenance of the CO 
National Ambient Air Quality Standards (NAAQS) for a second 10-year 
period, beyond redesignation of the area to attainment, through 2024. 
The EPA is taking direct final action to approve both the 2013 
Submittal and portions of the 2011 Submittal that are not superseded by 
the 2013 Submittal. The EPA is approving these SIP revisions because 
the State has demonstrated that they are consistent with the CAA.

DATES: This rule is effective on May 2, 2014, without further notice, 
unless the EPA receives adverse comment by April 2, 2014. If the EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0421, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: R10-Public_Comments@epa.gov
     Mail: Keith Rose, U.S. EPA Region 10, Office of Air, Waste 
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle WA 98101
     Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth 
Avenue, Suite 900, Seattle WA 98101. Attention: Keith Rose, Office of 
Air, Waste and Toxics, AWT-107. Such deliveries are only accepted 
during normal hours of operation and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2013-0421. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available 
docket materials are available either electronically in 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, U.S. EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Keith Rose at: (206) 553-1949, 
rose.keith@epa.gov, or the above EPA Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. 
Information is organized as follows:

Table of Contents

I. What is the purpose of this action?
II. What is the background for this action?
III. What changes to the Alaska SIP were submitted for the EPA's 
approval?
IV. Evaluation of the Alaska Submittals
    A. 2011 Submittal
    B. 2013 Submittal
    C. Revisions to 18 AAC 50.030
V. Transportation and General Conformity
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What is the purpose of this action?

    The EPA is taking direct final action to approve a CO LMP for the 
Anchorage CO maintenance area for the second 10-year maintenance 
period. The CO LMP, submitted by the State of Alaska to the EPA on 
April 22, 2013, is designed to keep the Anchorage CO maintenance area 
in attainment for the CO standard for a second 10-year period beyond 
redesignation of this area to attainment, through 2024.
    The EPA is also taking direct final action to approve some 
revisions to the CO maintenance plan that were submitted on September 
20, 2011. The 2011 Submittal updates the approved CO maintenance plan 
to reflect the use of the EPA's MOVES model. However, the Submittal 
includes sections of the plan that have been superseded by the 2013 
Submittal that the EPA is approving in this action. The EPA is 
approving the most recently adopted and submitted sections of the plan. 
Further action on the earlier adopted versions of these sections 
included in the 2011 Submittal is not required because they are no 
longer in effect and have been superseded by the 2013 Submittal. These 
provisions are identified below.

II. What is the background for this action?

    Anchorage, Alaska, was first designated a nonattainment area for CO 
and classified as moderate on January 27, 1978. The Municipality of 
Anchorage prepared a plan to attain the CO NAAQS by December 31, 1987, 
although Anchorage failed to achieve attainment by December 31, 1987. 
The CAA was amended in 1990 and the EPA designated Anchorage as a 
moderate nonattainment area for CO and required submission of a revised 
air quality plan

[[Page 11708]]

to bring Anchorage into attainment by December 31, 1995 (56 FR 56712, 
November 6, 1991). The EPA approved the plan in 1995, however, two 
violations of the CO NAAQS in 1996 resulted in the EPA reclassifying 
Anchorage to serious with an attainment date of December 31, 2000 (61 
FR 33676, June 12, 1998). The State submitted a new attainment plan on 
January 4, 2002, and on September 18, 2002, the EPA approved the 
Anchorage CO attainment plan (67 FR 58711).
    On February 18, 2004, the State submitted a maintenance plan and a 
redesignation request for the Anchorage CO nonattainment area. The EPA 
approved the plan on June 23, 2004 (69 FR 34935). The maintenance plan 
relied on control strategies needed to assure maintenance of the CO 
NAAQS. The strategy focused on the Federal Motor Vehicle Emission 
Control Program, a motor vehicle inspection and maintenance (I/M) 
program, expanded wintertime transit service and promotion of engine 
pre-heaters.
    The State subsequently submitted two revisions to the Alaska SIP 
relating to the I/M program in Anchorage: A March 29, 2002, SIP 
revision that contained minor revisions to the statewide I/M program 
(approved by the EPA on March 22, 2010, 75 FR 13436); and a September 
29, 2010, SIP revision that discontinued the I/M program in Anchorage 
as an active control measure in the SIP and shifted it to a contingency 
measure (approved by the EPA on January 10, 2012, 77 FR 1414).

III. What changes to the Alaska SIP were submitted for the EPA's 
approval?

    The 2011 Submittal updates the Federally-approved Anchorage CO 
maintenance plan with emissions estimates calculated with the EPA's 
MOVES motor vehicle emissions model. The updates include a reanalysis 
of the emissions inventory and maintenance demonstration as well as 
changes to the narrative. The 2011 Submittal replaces the Anchorage 
Transportation Control Program in its entirety and revises four 
sections of the appendices. The control strategies in the 2011 
Submittal remain the same as in the most recent Federally-approved 
maintenance plan for the Anchorage maintenance area that was approved 
on January 10, 2012 (77 FR 1414).
    The 2013 Submittal establishes a second 10-year CO maintenance plan 
for the Anchorage area, as required by CAA section 175A(b). This plan 
demonstrates that CO levels in the area will not exceed the CO NAAQS 
standard during its effective period and does not institute additional 
CO control measures. It revises three sections of the Anchorage 
Transportation Control Program and three sections of the appendices. 
The revised sections of the 2013 Submittal supersede those sections in 
the 2011 Submittal.

IV. Evaluation of the Alaska Submittals

A. 2011 Submittal

    Alaska's 2011 Submittal updates the MVEB in the Anchorage CO 
maintenance plan with the MOVES model. The MOVES model is the EPA's 
state-of-the-art tool for estimating highway emissions. The model is 
based on analyses of millions of emission test results and considerable 
advances in the EPA's understanding of vehicle emissions. MOVES 
incorporates the latest emissions data, more sophisticated calculation 
algorithms, increased user flexibility, new software design and 
significant new capabilities relative to those reflected in the 
previous emissions model, MOBILE6.2. The EPA announced the release of 
MOVES2010 in March 2010 and explained that MOVES2010 should be used in 
SIP development as expeditiously as possible outside of California (75 
FR 9411, March 2, 2010). In addition, the notice started a two-year 
grace period before MOVES2010 was required to be used in new regional 
emissions analyses for transportation. The EPA extended that grace 
period until March 2, 2013 (77 FR 11394, February 27, 2012).
    Following is the EPA's evaluation of the sections of the 2011 
Submittal we are taking action on in this rulemaking.
1. The Revised Emission Inventories
    The 2011 Submittal revises only the on-road mobile source 
inventories but not the point, non-road and area source inventories for 
the 2007 base year and projections for the years 2009, 2011, 2012, 
2013, 2015, 2019, and 2023. The control strategies in the 2011 
Submittal remain the same as in the most recent maintenance plan for 
the Anchorage maintenance area that was approved on January 10, 2012 
(77 FR 1414). The State updated the area-wide inventory and the 
Turnagain micro-inventory for the Anchorage maintenance area. The 
Turnagain micro-inventory represents a 9 km\2\ area in a neighborhood 
in west Anchorage that surrounds the Turnagain monitoring station. The 
Turnagain monitor exhibits the highest CO concentrations of the current 
monitoring network for the Anchorage maintenance area and has shown 
approximately 20% higher values than the next highest site.
    In the 2007 Anchorage area-wide inventory, motor vehicles accounted 
for 78.9% of the CO emissions on a typical 24-hour winter day. Motor 
vehicle start emissions accounted for 53.4% of those emissions. The 
total area-wide CO emissions are projected to increase by 6.7% by 2023, 
from 159.3 tons per day (tpd) in 2007 to 169.9 tpd in 2023. In the 2007 
Turnagain micro-inventory, motor vehicles accounted for about 84.4% of 
the CO emissions on a typical 24-hour winter day with motor vehicle 
start emissions accounting for about 58.9% of those emissions. In the 
Turnagain micro-inventory area, total CO emissions are projected to 
decrease by about 5% through 2023, from 10.2 tpd in 2007 to 9.71 tpd in 
2023.
2. The Revised Maintenance Demonstration
    The State revised the maintenance demonstration in the Anchorage CO 
plan to include the emissions estimates calculated with MOVES. The 
methods used for the maintenance demonstration in the 2011 Submittal 
are consistent with those used previously and most recently approved by 
the EPA on January 10, 2012 (77 FR 1414). In the 2011 Submittal, the 
State used a probabilistic roll-forward approach to demonstrate 
maintenance with the CO NAAQS through 2023.
    Based on the revised maintenance demonstration in the 2011 
Submittal, the probability of maintaining the CO NAAQS was found to be 
99% or greater for all years from 2008 through 2023. In addition, the 
State performed a sensitivity analysis that assumed three times higher 
rates of growth in vehicle travel than projected and a 2% per annum 
growth in wood burning. The probability of compliance using the higher 
rates was estimated to be greater than 98% through 2023.
    The EPA concludes that the emission inventories and revised 
maintenance demonstration in the 2011 Submittal are consistent with EPA 
guidance and the Anchorage CO maintenance plan continues to demonstrate 
its purpose of maintaining the CO NAAQS through the year 2023. 
Therefore, the EPA is approving the 2011 Submittal with the exception 
of the following two sections in Volume II: Section III.B.4, Carbon 
Monoxide Monitoring Program and Section III.B.10, Motor Vehicle 
Emissions Budget, because these sections have been superseded by the 
State's 2013 Submittal and no further action by the EPA on these 
components of the submission is required.
    Although the EPA previously found the MVEB to be adequate for 
conformity purposes (77 FR 8252, February 14, 2012), we are not 
approving the MVEB in the 2011 Submittal because it has

[[Page 11709]]

been superseded by the 2013 Submittal. The EPA is also not approving 18 
AAC 50 as discussed below in section IV.C.

B. 2013 Submittal

    In its 2013 Submittal, the State revises the previous Anchorage 
Transportation Control Program (2011 Submittal) by adding a second ten-
year maintenance plan as required by section 175A(b) of the CAA. The 
2013 Submittal also revises the transportation conformity and CO 
monitoring program sections of the plan and certain appendices of the 
plan. The current Anchorage Transportation Control Program is comprised 
of both the 2011 and the 2013 Submittals. Following is the EPA's 
evaluation of the sections of the 2011 and 2013 Submittals we are 
acting on in this rulemaking which support our approval of the 
Anchorage second 10-year maintenance plan. (See the table ``Anchorage 
2011 and 2013 CO Maintenance Plan Submittals'' in the docket for a 
complete list of sections in the Anchorage Transportation Control 
Program that the EPA is approving in this action.)
    For the second 10-year maintenance plan, the State chose the LMP 
Option as described in an October 6, 1995, EPA memorandum from Joseph 
Paisie, the Group Leader of the Integrated Policy and Strategies Group, 
titled, ``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas.'' To qualify for the LMP Option, the second 
highest CO value for an area, based on the eight consecutive quarters 
(two years of data) used to demonstrate attainment, must be at or below 
7.65 parts per million (ppm), which is 85 percent of the 8-hour CO 
NAAQS. The EPA has determined that the LMP Option for CO is also 
available to all states as part of the 175A(b) update to the 
maintenance plans, regardless of the original nonattainment 
classification, or lack thereof. Thus, the EPA observes that although 
the Anchorage maintenance area was designated as a serious 
nonattainment area for the CO NAAQS, redesignation to attainment status 
in conjunction with meeting all requirements of the October 6, 1995, 
memorandum, allows the State to be eligible to submit a LMP as the 
update to its original maintenance plan per section 175A(b) of the CAA.
    The requirements for the LMP Option and the EPA's evaluation of how 
each requirement has been met by the 2011 and 2013 Submittals are 
summarized below.
1. Base Year Emission Inventory
    A maintenance plan must contain an attainment year emission 
inventory to identify a level of emissions in the area that is 
sufficient to attain the CO NAAQS. The Anchorage CO maintenance plan 
contains an emission inventory for the Anchorage maintenance area for 
the base year 2007. The emission inventory for the Anchorage 
maintenance area is a list, by source category, of the amount of CO 
directly emitted by area, point and mobile sources. Motor vehicle 
emission estimates for the 2007 base year inventory have been updated 
with the EPA MOVES vehicle emission model and were included in the 2011 
Submittal which the EPA is approving in this action (see discussion 
above). The methods used to determine the Anchorage CO emission 
inventory are consistent with the EPA's most recent guidance on 
developing emission inventories. Because violations of the CO NAAQS are 
most likely to occur on winter weekdays, the inventory prepared is for 
a typical winter day. The table below shows the estimated tons of CO 
emitted per winter day by source category.

    2007 Anchorage Emission Inventory, Main Source Category Subtotals
------------------------------------------------------------------------
                                                           CO emissions
                  Main source category                   tons per winter
                                                               day
------------------------------------------------------------------------
Point Sources..........................................              1.3
Motor Vehicles.........................................            125.6
Anchorage International Airport Operations.............             12.4
Wood Burning...........................................              6.2
Space Heating-natural gas..............................              3.8
Merrill Field Airport..................................              0.7
Miscellaneous..........................................              9.3
                                                        ----------------
  Total................................................            159.3
------------------------------------------------------------------------

2. Demonstration of Maintenance
    The 8-hour CO NAAQS is attained when the second highest 8-hour 
average CO concentration in a given year does not exceed a 
concentration of 9.0 ppm. The last monitored violation of the CO NAAQS 
in Anchorage occurred in 1996 and monitored CO levels have been 
steadily in decline ever since. The second highest 8-hour CO 
concentration in 2012 for the Anchorage maintenance area was 5.5 ppm, 
which is in attainment with the CO NAAQS.
    The maintenance demonstration requirement is considered to be 
satisfied for areas that qualify for the LMP Option if the second 
highest 8-hour CO concentration during the most recent 8 quarters has 
been at or below 7.65 ppm (85 percent of the NAAQS). The EPA believes 
that if an area begins its maintenance period at or below 85 percent of 
the CO 8-hour NAAQS, the continued applicability of prevention of 
significant deterioration requirements, the control measures already in 
the SIP, and any Federal control measures in place, should all provide 
adequate assurance of maintenance over the 10-year maintenance period. 
With the LMP Option, there is no requirement to project CO emission 
inventories over the second 10-year maintenance period. The second 
highest 8-hour CO concentration for the Anchorage maintenance area 
during the most recent 8 quarters (2011-2012) was 5.5 ppm, which is 
below the LMP Option requirement of 7.65 ppm. Therefore, the EPA finds 
that Alaska has demonstrated that the Anchorage maintenance area 
qualifies for the LMP Option and has satisfied the maintenance 
demonstration requirement.
3. Monitoring Network and Verification of Continued Attainment
    To verify the attainment status of the area over the maintenance 
period, the LMP must contain provisions for continued operation of an 
appropriate, EPA-approved monitoring network in accordance with 40 CFR 
Part 58. The 2013 Submittal includes a commitment to continue to 
operate an EPA-approved monitoring network in Anchorage. Alaska submits 
an annual air monitoring network plan to the EPA for approval, and the 
Alaska air monitoring network plan was most recently approved by the 
EPA on October 25, 2012.
4. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions that could be implemented if a maintenance area 
fails to attain the NAAQS. In the 2013 Submittal, Alaska committed to 
the same six contingency measures for the Anchorage maintenance area 
that were included in the 2011 Submittal. These contingency measures 
are summarized in the LMP as follows:
    (1) Increasing public awareness and education, transit, carpool and 
vanpool promotion efforts;
    (2) curtailing or limiting the use of fireplaces and woodstoves and 
other wood burning appliances when high CO is predicted;
    (3) promoting an increase in transit ridership among commuters by 
offering reduced fares or free transit for employees of companies that 
contribute to the subsidy;
    (4) reinstating the engine block heater installation subsidy;
    (5) reinstating the ethanol-blended gasoline requirement; and

[[Page 11710]]

    (6) reinstating the Inspection and Maintenance program.
    As a result of its review, the EPA finds that the 2011 and 2013 
Submittals adequately demonstrate that the Anchorage CO maintenance 
area will continue to maintain the CO NAAQS through 2024, and that 
these submittals contain all the necessary elements to qualify the 
Anchorage CO maintenance area for the LMP Option.

C. Revisions to 18 AAC 50.030

    Both the 2011 and 2013 Submittals included revisions to the 
appendices to the Air Quality Control Program (Volume III, 18 AAC 50 
Air Quality Control) by amending regulation 50.030 of title 18 of the 
Alaska Administrative Code. The EPA is taking no action on 18 AAC 
50.030, State Air Quality Control Plan, which adopts by reference 
Volumes II and III of the State Air Quality Control Plan and other 
documents (as a matter of State law) because the referenced documents 
that form the basis for the 2011 and 2013 Submittals are being 
individually approved in this action. The EPA takes action directly, as 
appropriate, on the specific provisions in the State Air Quality 
Control Plan that have been submitted by the State, so it is 
unnecessary for the EPA to approve 18 AAC 50.030. The EPA is only 
approving those provisions related to the State's CO maintenance and 
limited maintenance plans that are specifically identified in the 2011 
and 2013 Submittals and addressed in this action. The EPA is not 
approving any regulatory provision of 18 AAC 50.

V. Transportation and General Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
The EPA's conformity rule requires that transportation plans, programs 
and projects that are funded under 23 U.S.C. or the Federal Transit Act 
conform to SIPs. Conformity to a SIP means that transportation 
activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS.
    The transportation conformity rule (40 CFR Parts 51 and 93) and the 
general conformity rule (40 CFR Parts 51 and 93) apply to nonattainment 
areas and maintenance areas covered by an approved maintenance plan. 
Under either conformity rule, an acceptable method of demonstrating 
that a Federal action conforms to the applicable SIP is to demonstrate 
that expected emissions from the planned action are consistent with the 
emissions budget for the area.
    While the EPA's LMP Option does not exempt an area from the need to 
affirm conformity, it explains that the area may demonstrate conformity 
without submitting an emissions budget. Under the LMP Option, emissions 
budgets are treated as essentially not constraining for the length of 
the maintenance period because it is unreasonable to expect that the 
qualifying areas would experience so much growth in that period that a 
violation of the CO NAAQS would result. Similarly, Federal actions 
subject to the general conformity rule could be considered to satisfy 
the ``budget test'' specified in section 93.158(a)(5)(i)(A) for the 
same reasons that the budgets are essentially considered to be 
unlimited.
    While areas with maintenance plans approved under the LMP Option 
are not subject to the budget test, the areas remain subject to other 
transportation conformity requirements of 40 CFR Part 93, subpart A. 
Thus, the metropolitan planning organization (MPO) in the area or the 
State must document and ensure that:
    a. Transportation plans and projects provide for timely 
implementation of SIP transportation control measures in accordance 
with 40 CFR 93.113;
    b. Transportation plans and projects comply with the fiscal 
constraint element per 40 CFR 93.108;
    c. The MPO's interagency consultation procedures meet applicable 
requirements of 40 CFR 93.105;
    d. Conformity of transportation plans is determined no less 
frequently than every four years, and conformity of plan amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104;
    e. The latest planning assumptions and emissions model are used as 
set forth in 40 CFR 93.110 and 40 CFR 93.111;
    f. Projects do not cause or contribute to any new localized carbon 
monoxide or particulate matter violations, in accordance with 
procedures specified in 40 CFR 93.123; and
    g. Project sponsors and/or operators provide written commitments as 
specified in 40 CFR 93.125.
    The EPA confers regularly with the Anchorage Metropolitan Area 
Transportation System technical and policy committees, the Alaska 
Department of Environmental Conservation, the Alaska Department of 
Transportation & Public Facilities, the Federal Highway Administration 
and the Federal Transit Administration to review the Transportation 
Improvement Plan for the Anchorage maintenance area to determine if the 
area is meeting the transportation conformity requirements under 40 CFR 
Part 93, subpart A. The EPA finds that the Anchorage maintenance area 
currently meets the requirements of 40 CFR Part 93, subpart A.

VI. Final Action

    The EPA is taking direct final action to approve the revised 
sections of the Anchorage Transportation Control Program (Volume II, 
Section III.B) in the Alaska SIP Submittal of September 20, 2011, that 
are not superseded by the Submittal of April 22, 2013.
    In accordance with the requirements of the CAA, the EPA is 
approving the CO LMP (Limited Maintenance Plan for 2014-2024, Volume 
II, Section III.B.12 of the State Air Quality Control Plan, adopted 
February 22, 2013) for the second 10-year period for the Anchorage 
maintenance area in Alaska's SIP Submittal of April 22, 2013, because 
the State's LMP adequately demonstrates that the Anchorage maintenance 
area qualifies for the LMP Option and will maintain the CO NAAQS 
through the second 10-year maintenance period, and is consistent with 
EPA guidance.

VII. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 11711]]

     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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 May 2, 2014. 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, Reporting and 
recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 13, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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. Section 52.73 is amended by adding paragraphs (a)(1)(iii) and (iv) 
to read as follows:


Sec.  52.73  Approval of plans.

    (a) * * *
    (1) * * *
    (iii) The EPA approves the following revised sections of the 
Anchorage Transportation Control Program, Anchorage CO Maintenance Plan 
(Volume II, Section III.B) of the Alaska SIP Submittal adopted July 13, 
2011, and submitted on September 20, 2011: Planning Process (Section 
III.B.1), Maintenance Area Boundary (Section III.B.2), Nature of the CO 
Problem--Causes and Trends (Section III.B.3), Transportation Control 
Strategies (Section III.B.5), Modeling and Projections (Section 
III.B.6), Contingency Plan (Section III.B.7), Anchorage Emergency 
Episode Plan (Section III.B.8), Assurance of Adequacy (Section III.B.9) 
and Redesignation Request (Section III.B.11). The EPA also approves the 
following revised sections of the Appendices (Volume III): Anchorage 
Assembly Resolution No. 2011-133 (Appendix III.B.1), Anchorage 2007 
Carbon Monoxide Emission Inventory and 2007-2023 Emission Projections 
(Appendix III.B.3), Analysis of Probability of Complying with the 
National Ambient Air Quality Standard for Carbon Monoxide in Anchorage 
between 2007 and 2023 (Appendix III.B.6) and Affidavit of Oral Hearing 
(Appendix III.B.10).
    (iv) The EPA approves the following revised sections of the 
Anchorage Transportation Control Program, Anchorage CO Limited 
Maintenance Plan (Volume II, Section III.B), of the Alaska SIP 
Submittal adopted February 22, 2013, and submitted on April 22, 2013: 
Carbon Monoxide Monitoring Program (Section III.B.4) Air Quality 
Conformity Procedures (Section III.B.10), Limited Maintenance Plan for 
2014-2024 (Section III.B.12). In this action, the EPA also approves the 
following revised sections of the Appendices (Volume III): Anchorage 
Assembly Resolution No. 2013-20 (Appendix III.B.1) and Affidavit of 
Oral Hearing (Appendix III.B.10).
* * * * *
[FR Doc. 2014-04452 Filed 2-28-14; 8:45 am]
BILLING CODE 6560-50-P


