Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 11707 

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. 

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superseded by the 2013 Submittal.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 

mstockstill on DSK4VPTVN1PROD with RULES

11708 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 

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 km2 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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 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

Main source category 

CO emissions 

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 

mstockstill on DSK4VPTVN1PROD with RULES

11710 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 

(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); 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 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] 

■ 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 

paragraphs (a)(1)(iii) and (iv) to read as 

follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0418, FRL–9907–30- 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving the 

May 9, 2013, State Implementation Plan 

(SIP) submittal from Idaho to revise the 

SIP to update the incorporation by 

reference of Federal air quality 

regulations into the SIP and make minor 

edits and clarifications. The EPA is 

granting limited approval, as SIP 

strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

new source review (nonattainment NSR) 

requirements that have been recently 

remanded to the EPA by a court. In 

addition, the EPA is partially 

disapproving Idaho’s incorporation by 

reference of two provisions of the 

Federal prevention of significant 

deterioration (PSD) permitting rules that 

have been recently vacated in a separate 

decision by a court. Finally we are 

taking no action on Idaho’s 

incorporation by reference of another 

provision of the Federal PSD permitting 

rules that has also been the subject of a 

court action. Upon the effective date of 

this action, the Idaho SIP will 

incorporate by reference certain Federal 

regulations as of July 1, 2012. 

DATES: This final rule is effective on 

April 2, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2013–0418. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

mstockstill on DSK4VPTVN1PROD with RULES