Rule2021-23040
Air Plan Approval; AK; Juneau, Mendenhall Valley Second 10-Year PM10 Limited Maintenance Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2021
Effective
November 24, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the Juneau, Mendenhall Valley, 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 (PM<INF>10</INF>). The plan relies upon control measures contained in the first 10-year maintenance plan and the determination that the Mendenhall Valley area currently monitors PM<INF>10</INF> levels well below the PM<INF>10</INF> National Ambient Air Quality Standard (NAAQS or "the standard"). The EPA is approving Alaska's LMP as meeting Clean Air Act (CAA) requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58807-58809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23040]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0649; FRL-8788-02-R10]
Air Plan Approval; AK; Juneau, Mendenhall Valley 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
Juneau, Mendenhall Valley, 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 (PM<INF>10</INF>). The plan relies upon control
measures contained in the first 10-year maintenance plan and the
determination that the Mendenhall Valley area currently monitors
PM<INF>10</INF> levels well below the PM<INF>10</INF> 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 November 24, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2020-0649. 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.,
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#2c48594e43455f4745024f445e455f58456c495c4d024b435a"><span class="__cf_email__" data-cfemail="107465727f79637b793e73786279636479507560713e777f66">[email protected]</span></a>.
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 a second 10-year
PM<INF>10</INF> LMP for Juneau, Mendenhall Valley for approval. The SIP
revision, State effective November 7, 2020, fulfills the second 10-year
planning requirement of CAA section 175A(b) to ensure PM<INF>10</INF>
NAAQS compliance through 2033. The Mendenhall Valley area has been
meeting the PM<INF>10</INF> standard for multiple years and was
redesignated to attainment on July 8, 2013, with an approved 10-year
PM<INF>10</INF> maintenance plan. The area currently monitors
PM<INF>10</INF> levels well below the PM<INF>10</INF> NAAQS.
We proposed to approve the Juneau, Mendenhall Valley second 10-year
LMP on August 11, 2021 (86 FR 43984). 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 September 10, 2021. We
received no public comments. Therefore, we are finalizing our
rulemaking as proposed.
II. Final Action
In this final action, the EPA is approving the State's second 10-
year LMP for the Juneau, Mendenhall Valley area, 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:
<bullet> 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);
<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
[[Page 58808]]
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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<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; and
<bullet> 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 December 27, 2021. 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: October 18, 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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Alaska
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2. In Sec. 52.70, the table in paragraph (e) is amended by:
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a. Adding entry ``II.III.D.3.b. Mendenhall Valley Second 10-year
PM<INF>10</INF> Limited Maintenance Plan'' after the entry
``II.III.D.3.a Mendenhall Valley PM<INF>10</INF> Limited Maintenance
Plan''; and
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b. Revising the entry ``III.III.D.3. Control Plan for the Mendenhall
Valley of Juneau''.
The addition and revision read as follows:
Sec. 52.70 Identification of plan.
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(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
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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.3.b. Mendenhall Valley Mendenhall Valley.. 11/10/2020 10//25/2021, .....................
Second 10-year PM10 Limited [INSERT Federal
Maintenance Plan. Register
CITATION].
* * * * * * *
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State of Alaska Air Quality Control Plan: Volume III. Appendices
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* * * * * * *
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Section III. Areawide Pollutant Control Program
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* * * * * * *
III.III.D.3. Control Plan for Mendenhall Valley.. 11/10/2020 10//25/2021, .....................
the Mendenhall Valley of Juneau. [INSERT Federal
Register
CITATION].
[[Page 58809]]
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[FR Doc. 2021-23040 Filed 10-22-21; 8:45 am]
BILLING CODE 6560-50-P
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