Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Rules and Regulations 48611 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have determined this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a safety zone for a live fire 

and explosives training exercise and is 

expected to have no impact on the water 

or environment. This zone is designed 

to protect mariners from the hazards 

associated with live fire and explosive 

exercises. This rule is categorically from 

further review under paragraph (34)(g) 

of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0670 to read as 

follows: 

§ 165.T05–0670 Safety Zone, James River, 

Newport News, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10, all waters of the James River within 

a 1500 foot radius of the USNS Del 

Monte in approximate position latitude 

37°06′11′′ N longitude 076°38′40′′ W, 

located near Fort Eustis in Newport 

News, VA. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Navy Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period. This section 

will be enforced from Monday August 

19, 2013, at 8 a.m. until Thursday 

August 22, 2013, at 4 p.m. unless 

cancelled earlier by the Captain of the 

Port. 

Dated: July 26, 2013. 

John K. Little, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2013–19362 Filed 8–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0420; FRL–9844–8] 

Approval and Promulgation of State 

Implementation Plans: Alaska; 

Fairbanks Carbon Monoxide Limited 

Maintenance Plan and State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve a carbon monoxide 

(CO) Limited Maintenance Plan (LMP) 

for the Fairbanks Area, and associated 

revisions to sections of the Fairbanks 

Transportation Control Program, 

submitted by the State of Alaska (the 

State) as a revision to its State 

Implementation Plan (SIP) dated April 

22, 2013. In accordance with the 

requirements of the Federal Clean Air 

Act (the Act), the EPA is approving this 

SIP revision because it demonstrates 

that the Fairbanks Area will maintain 

the CO National Ambient Air Quality 

Standards (NAAQS) through the second 

10-year maintenance period. 

DATES: This rule is effective on October 

8, 2013, without further notice, unless 

the EPA receives adverse comment by 

September 9, 2013. 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–2013–0420, 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– 

0420. 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 

whose disclosure 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 


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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 

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. 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 telephone number: (206) 

553–1949, email address: 

rose.keith@epa.gov, fax number: (206) 

553–0110, or the above EPA, Region 10 

address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

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. Evaluation of Alaska’s Submittal 

IV. Transportation and General Conformity 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the purpose of this action? 

The EPA is taking direct final action 

to approve the CO LMP for the 

Fairbanks Area, and associated revisions 

to sections of the Fairbanks 

Transportation Control Program, 

submitted by Alaska as a SIP revision 

dated April 22, 2013. The CO LMP 

submitted by the State of Alaska is 

designed to keep the Fairbanks Area in 

attainment with the CO standard for a 

second 10-year period beyond 

redesignation. 

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), 

whether or not they have yet been 

submitted to or approved by the EPA. 

II. What is the background for this 

action? 

Under Section 107(d)(1)(c) of the 

CAA, each CO area designated 

nonattainment prior to enactment of the 

1990 Amendments, such as the 

Fairbanks Area, was designated 

nonattainment by operation of law upon 

enactment of the 1990 Amendments. 

Under section 186(a) of the Act, each 

CO area designated nonattainment 

under section 107(d) was also classified 

by operation of law as either 

‘‘moderate’’ or ‘‘serious’’ depending on 

the severity of the area’s air quality 

problem. CO areas with design values 

between 9.1 and 16.4 parts per million 

(ppm), such as the Fairbanks Area, were 

classified as moderate. These 

nonattainment designations and 

classifications were codified in 40 CFR 

part 81. See 56 FR 56712 (November 6, 

1991). 

On February 27, 1998, the EPA made 

a final finding that the Fairbanks CO 

nonattainment area did not attain the 

CO NAAQS under the CAA mandated 

attainment date of December 31, 1995 

for moderate nonattainment areas. As a 

result of that finding, which went into 

effect on March 30, 1998, the Fairbanks 

CO nonattainment area was reclassified 

as serious (63 FR 9945). Alaska had 18 

months or until October 1, 1999, to 

submit a new SIP demonstrating 

attainment of the CO NAAQS as 

expeditiously as practicable, but no later 

than December 31, 2000, the CAA 

attainment date for serious areas. 

Notwithstanding significant efforts by 

Alaska to complete the CO SIP for the 

Fairbanks Area, the State failed to meet 

the October 1, 1999 deadline for the 

required SIP submission. On April 3, 

2000, the EPA published a notice in the 

Federal Register stating that initial, 

mandatory sanctions would be triggered 

if a new attainment plan was not 

submitted by October 2, 2001 (65 FR 

17444). In March 2001, Alaska 

submitted a request to the EPA for an 

extension of the attainment date to 

December 31, 2001, and the EPA 

approved this request on May 25, 2001 

(66 FR 28836). Alaska submitted an 

attainment plan on August 30, 2001 and 

the EPA approved the plan on February 

4, 2002 (67 FR 5064). On July 5, 2002, 

the EPA determined that the Fairbanks 

Area attained the CO NAAQS by the 

December 31, 2001 attainment date (67 

FR 44769). 

The State of Alaska submitted a 10- 

year maintenance plan and 

redesignation request for the Fairbanks 

Area on June 21, 2004. The EPA 

approved this maintenance plan and 

redesignated the Fairbanks Area to 

attainment on July 27, 2004 (69 FR 

44601). The State subsequently 

submitted three revisions to the Alaska 

SIP relating to the motor vehicle 

inspection and maintenance (I/M) 

program in Fairbanks: a March 29, 2002 

submittal containing minor revisions to 

the statewide I/M program; a December 

11, 2006 submittal containing more 

substantial revisions to the statewide I/ 

M program; and a June 5, 2008 submittal 

containing major revisions to the 

statewide I/M program discontinuing 

the I/M program in Fairbanks as an 

active control measure in the SIP and 

shifting it to a contingency measure. 

The EPA approved these revisions on 

March 22, 2010 (75 FR 13436). 

Per CAA section 175A(b), Alaska’s 

current SIP submittal provides a second 

10-year CO maintenance plan for the 

Fairbanks Area. In addition, the plan is 

consistent with the elements of a LMP 

as outlined in an EPA October 6, 1995 

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 CO design value for an area, based 

on the eight consecutive quarters (2 

years of data) used to demonstrate 

attainment, must be at or below 7.65 

ppm (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 CAA 175A(b) 

update to the maintenance plans, 

regardless of the original nonattainment 

classification, or lack thereof. Thus, the 

EPA observes that although the 

Fairbanks 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. 

III. Evaluation of Alaska’s Submittal 

The EPA has reviewed Alaska’s SIP 

submittal for the Fairbanks Area. The 

following is a summary of the 

requirements for a LMP and the EPA’s 

evaluation of how each requirement has 

been met by the SIP submittal. 

A. Base Year Emissions Inventory 

The maintenance plan must contain 

an attainment year emission inventory 

to identify a level of CO emissions in 

the area that is sufficient to attain the 

CO NAAQS. The April 22, 2013 SIP 


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1The memo dated November 20, 2012, to Cindy 

Heil of the State of Alaska from Sierra Research 

titled ‘‘Summary of Inventory Revisions to the 2008 

Fairbanks CO Maintenance Plan’’, describing the 

emissions inventory update is included in the 

docket. 2MOVES is the EPA’s state-of-the-art tool for 

estimating emissions from on-road mobile sources. 

MOVES 2012b is the latest version of MOVES and 

was released in April 2012. Details on MOVES can 

be found at http://www.epa.gov/otaq/models/ 

moves. 

submittal contains a summary of the CO 

emissions inventory for the Fairbanks 

Area for the base year 2005. This 

summary is based on the Fairbanks 

emission inventory adopted by the State 

on April 4, 2008 (Volume III, Appendix 

IIIC.3) and includes updates made in 

2012.1 The emission inventory includes 

an on-road vehicle emission inventory 

based on the EPA’s MOVES 2010b 2

vehicle emissions model, a more 

accurate estimate of residential wood 

burning emissions in the Fairbanks area, 

and an estimate of non-road emissions 

based on the most recent information on 

snowmobile use in the Fairbanks Area. 

The methods used to determine the 

Fairbanks 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 for the 2005 base year. 

2005 EMISSION INVENTORY, MAIN

SOURCE CATEGORY SUBTOTALS

Main source category 

CO emissions 

tons per winter 

day 

Point Sources ....................... 3.09 

Onroad Mobile Sources ........ 45.48 

Non-road Mobile Sources ..... 14.80 

Area Sources ........................ 19.69 

Total .................................. 83.06 

B. Demonstration of Maintenance 

The 8-hour CO NAAQS is attained 

when the annual second highest 8-hour 

average CO concentration for an area 

does not exceed a concentration of 9.0 

ppm. The last monitored violation of the 

CO NAAQS in Fairbanks occurred in 

1999, and monitored CO levels have 

been steadily in decline ever since. The 

2012 second highest 8-hour CO 

concentration for the Fairbanks Area is 

3.6 ppm, which is in attainment with 

the CO NAAQS. 

For areas using the CO LMP Option, 

the maintenance plan demonstration 

requirement is considered to be satisfied 

when the second highest 8-hour CO 

concentration is at or below 7.65 ppm 

(85 percent of the CO NAAQS) for 8 

consecutive quarters. The second 

highest 8-hour CO concentration for the 

Fairbanks Area for the most recent 8 

quarters (2011–2012) was 3.6 ppm, 

which is significantly below the LMP 

Option requirement of 7.65 ppm. 

Therefore, the State has demonstrated 

that the Fairbanks Area qualifies for the 

LMP Option. 

With the LMP Option, there is no 

requirement to project emissions of air 

quality over the upcoming maintenance 

period. The EPA believes that if the area 

begins the maintenance period at, or 

below, 85 percent of the level of the CO 

8-hour NAAQS, the applicability of 

prevention of significant deterioration 

requirements, the control measures 

already in the SIP, and Federal control 

measures already in place should 

provide adequate assurance of 

maintenance over the 10-year 

maintenance period. 

C. Monitoring Network and Verification 

of Continued Attainment 

To comply with national ambient air 

monitoring requirements, and to better 

understand Fairbanks’ air quality 

problems, the State of Alaska has 

operated a CO monitoring network in 

the Fairbanks Area since the 1970s. In 

1985, the Fairbanks monitoring network 

consisted of three sites, including a 

downtown site called the Old Post 

Office site, which recorded the highest 

concentrations of CO of all three 

monitors since 2004. In recognition of 

declining CO concentrations in the 

Fairbanks Area, Alaska reduced the 

Fairbanks CO monitoring network to 

just the Old Post Office site in 2009 with 

approval from the EPA. 

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 

State of Alaska has an approved 

monitoring network that includes CO 

monitoring in the Fairbanks Area that 

was most recently approved by the EPA 

on October 25, 2012. In the Fairbanks 

CO LMP, the State commits to 

maintaining a CO monitoring network to 

verify continued attainment of the 

NAAQS. 

D. Contingency Plan 

Section 175A(d) of the CAA requires 

that a maintenance plan include 

contingency provisions. In its April 22, 

2013 submittal, the State of Alaska 

continued with the contingency plan 

that is currently in place. The 

contingency plan includes six possible 

contingency measures that could be 

implemented if the Fairbanks Area fails 

to attain the CO NAAQS. These 

measures are: 

1. Increased public awareness; 

2. Enhanced public transit; 

3. Expansion of the supply of plugins; 

4. Altered signal timing; 

5. Roadway improvements; and 

6. Reintroduction of the Inspection 

and Maintenance program. 

In the event that monitoring data 

indicate that a violation of the CO 

NAAQS has occurred, the Fairbanks 

North Star Borough (FNSB) would 

examine the data to assess the spatial 

extent and severity of the episode, as 

well as trends over time. Based on this 

assessment, the FNSB in consultation 

with the Alaska Department of 

Environmental Conservation (ADEC) 

would determine which of the above 

measures to implement. 

IV. 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. 


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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 

Fairbanks Metropolitan Area 

Transportation System technical and 

policy committees, ADEC, the Alaska 

Department of Transportation & Public 

Facilities, the Federal Highway 

Administration, and the Federal Transit 

Administration to review the 

Transportation Improvement Plan for 

the Fairbanks Area to determine if the 

area is meeting the transportation 

conformity requirements under 40 CFR 

part 93, subpart A. The Fairbanks Area 

is currently meeting the requirements of 

40 CFR part 93, subpart A. 

V. Final Action 

In accordance with the requirements 

of the Federal CAA, the EPA is 

approving the CO LMP for the Fairbanks 

Area (Volume II, Section III.C.12 of the 

State Air Quality Control Plan, adopted 

February 22, 2013) submitted by Alaska 

on April 22, 2013 as a revision to the 

Alaska SIP because the State adequately 

demonstrates that the Fairbanks Area 

will maintain the CO NAAQS and meet 

all the requirements of a LMP through 

the second 10-year maintenance period. 

In this action, the EPA is also approving 

the following revised sections of the 

Fairbanks Transportation Control 

Program (Volume II, Section III.C): Air 

Quality Emissions Data (Section III.C.3), 

Carbon Monoxide Network Monitoring 

Program (Section III.C.4), Modeling and 

Projections (Section III.C.6), and Air 

Quality Conformity Procedures (Section 

III.C.10); and the following revised 

sections of the Appendices to Volume II 

of the Fairbanks Transportation Control 

Program (Volume III): Section III.C.1 

and Section III.C.10, all of which were 

included in the April 22, 2013 SIP 

submittal. 

The EPA is taking no action on any 

section related to 18 AAC 50.030, State 

Air Quality Control Plan, because 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 federallyapproved SIP consists only of 

regulations and other requirements that 

have been submitted by the State and 

approved by the EPA. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, the EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 8, 2013 

without further notice unless the 

Agency receives adverse comments by 

September 9, 2013. If the EPA receives 

such comments, then the EPA will 

publish a timely withdrawal of the 

direct final rule informing the public 

that the rule will not take effect. All 

public comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. The EPA 

will not institute a second comment 

period on this rule. Any parties 

interested in commenting on this rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on October 8, 2013 and no further action 

will be taken on the proposed rule. 

VI. 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); 

• 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 


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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 October 8, 2013. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. 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. 

Dated: July 23, 2013. 

Michelle L. Pirzadeh, 

Acting 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—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart C—Alaska 

■ 2. Section 52.73 is amended by adding 

paragraph (a)(2)(ii) to read as follows: 

§ 52.73 Approval of plans. 

(a) * * * 

(2) * * * 

(ii) The EPA approves as a revision to 

the Alaska State Implementation Plan, 

the Fairbanks Carbon Monoxide Limited 

Maintenance Plan (Volume II, Section 

III.C.12 of the State Air Quality Control 

Plan, adopted February 22, 2013) 

submitted by the Alaska Department of 

Environmental Conservation on April 

22, 2013. In this action, the EPA is also 

approving the following revised sections 

of the Fairbanks Transportation Control 

Program (Volume II, Section III.C): Air 

Quality Emissions Data (Section III.C.3), 

Carbon Monoxide Network Monitoring 

Program (Section III.C.4), Modeling and 

Projections (Section III.C.6), and Air 

Quality Conformity Procedures (Section 

III.C.10); and the following revised 

sections of the Appendices to Volume II 

of the Fairbanks Transportation Control 

Program (Volume III): Section III.C.1 

and Section III.C.10, all of which were 

included in the April 22, 2013 SIP 

submittal. 

* * * * * 

[FR Doc. 2013–19203 Filed 8–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0350; FRL–9844–9] 

Disapproval of State Implementation 

Plans; State of Utah; Interstate 

Transport of Pollution for the 2006 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

disapprove a portion of a State 

Implementation Plan (SIP) submission 

from the State of Utah that is intended 

to demonstrate that its SIP meets certain 

interstate transport requirements of the 

Clean Air Act (‘‘Act’’ or ‘‘CAA’’) for the 

2006 fine particulate matter (‘‘PM2.5’’) 

National Ambient Air Quality Standards 

(NAAQS). Specifically, EPA is 

disapproving the portion of the Utah SIP 

submission that addresses the CAA 

requirement prohibiting emissions from 

Utah sources from significantly 

contributing to nonattainment of the 

2006 PM2.5 NAAQS in any other state or 

interfering with maintenance of the 

2006 PM2.5 NAAQS by any other state. 

Under a recent court decision, this 

disapproval does not trigger an 

obligation for EPA to promulgate a 

Federal Implementation Plan (FIP) to 

address these interstate transport 

requirements. 

DATES: Effective Date: This final rule is 

effective September 9, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2012–0350. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, clark.adam@epa.

gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standards. 

(iv) The initials SIP mean or refer to 

State Implementation Plan. 

(v) The initials UDEQ mean or refer to 

the Utah Department of Environmental 

Quality. 

(vi) The words Utah and State mean 

the State of Utah. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On October 17, 2006 EPA 

promulgated a new NAAQS for PM2.5, 

revising the level of the 24-hour PM2.5

standard to 35 mg/m3 and retaining the 

level of the annual PM2.5 standard at 15 

mg/m3. (71 FR 61144). By statute, SIPs 


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