Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 897 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

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 Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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. 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: August 30, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(381)(i)(A)(7) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(A) * * * 

(7) Rule 400.2, ‘‘Boilers, Process 

Heaters and Steam Generators,’’ adopted 

on February 23, 2010. 

* * * * * 

[FR Doc. 2012–30625 Filed 1–4–13; 10:08 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0587; FRL–9732–9] 

Revisions to the California State 

Implementation Plan, San Diego APCD, 

Northern Sierra AQMD, and 

Sacramento Metropolitan AQMD 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Diego Air Pollution Control District 

(SDAPCD), Northern Sierra Air Quality 

Management District (NSAQMD), and 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from the 

transfer of gasoline at gasoline 

dispensing facilities. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on March 8, 

2013 without further notice, unless EPA 

receives adverse comments by February 

6, 2013. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0587, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or Deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 


TKELLEY on DSK3SPTVN1PROD with 
898 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal. 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules or rule revisions? 

II. EPA’s Evaluation and Action. 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules. 

D. Public comment and final action. 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

amended by the local air agencies and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Amended Submitted 

SDAPCD ................................................. 61.4 Transfer of Volatile Organic Compounds into Vehicle Fuel 

Tanks.

03/26/08 07/18/08 

NSAQMD ................................................ 214 Phase I Vapor Recovery Requirements ................................ 04/25/11 09/27/11 

SMAQMD ................................................ 448 Gasoline Transfer into Stationary Storage Containers .......... 02/26/09 04/05/11 

SMAQMD ................................................ 449 Transfer of Gasoline into Vehicle Fuel Tanks ....................... 02/26/09 04/05/11 

On August 22, 2008, October 24, 

2011, and May 6, 2011, EPA determined 

that the submittal for SDAPCD Rule 

61.4, NSAQMD Rule 214, and 

SMAQMD Rules 448 and 449 met the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

There is no previous version of 

NSAQMD Rule 214 in the SIP, although 

the NSAQMD adopted earlier versions 

of these rules on March 27, 2007 and 

February 22, 2010, and CARB submitted 

them to us on March 7, 2008 and July 

20, 2010. We approved an earlier 

version of SDAPCD Rule 61.4 into the 

SIP on May 13, 1993 (58 FR 28354). The 

SDAPCD adopted revisions to the SIPapproved version of SDAPCD Rule 61.4 

on March 26, 2008 and CARB submitted 

them to us on July 18, 2008. We also 

approved earlier versions of SMAQMD 

Rule 448 into the SIP on January 23, 

1996 (61 FR 1716) and SMAQMD Rule 

449 into the SIP on March 24, 2003 (68 

FR 14156). The SMAQMD adopted 

revisions to the SIP-approved versions 

of the two rules on February 26, 2009 

and CARB submitted them to us on 

April 5, 2011. While we can act on only 

the most recently submitted version, we 

have reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rules or rule revisions? 

Volatile organic compounds (VOCs) 

help produce ground-level ozone and 

smog, which harm human health and 

the environment. Section 110(a) of the 

CAA requires States to submit 

regulations that control VOC emissions. 

The revisions to the gasoline transfer 

rules incorporate an exemption when 

widespread onboard refueling vapor 

recovery system is in use and update 

several standards to match what is 

required by the California Air Resources 

Board regarding certification, testing, 

monitoring, and recordkeeping. EPA’s 

technical support document (TSD) has 

more information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SDAPCD, 

NSAQMD, and SMAQMD regulate 

ozone nonattainment areas (see 40 CFR 

part 81), so NSAQMD Rule 214, 

SMAQMD Rule 448, and SMAQMD 

Rule 449 must fulfill RACT. However, 

because SDAPCD was classified on May 

14, 2012 (77 FR 28424), RACT SIP 

requirements for the district do not 

come into effect until one year after the 

effective date of the classification and 

do not currently apply to SDAPCD Rule 

61.4. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

3. ‘‘Design Criteria for Stage I Vapor 

Control Systems Gasoline Service Stations’’ 

(EPA–450/R–75–102–1975/11) November 

1975. 

4. ‘‘Gasoline Vapor Recovery Guidelines’’, 

EPA Region IX, April 24, 2000. 

5. ‘‘Technical Guidance—Stage II vapor 

Recovery Systems for Control of Vehicle 

Refueling Emissions at Gasoline Dispensing 

Facilities.’’ (EPA–450/3–91–022a) November 

1991. 

6. ‘‘EPA’s Draft Model Rule, Gasoline 

Dispensing Facility—Stage II Vapor 

Recovery,’’ August 17, 1992. 


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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 899 

B. Do the rules meet the evaluation 

criteria? 

We believe NSAQMD Rule 214, 

SMAQMD Rule 448, and SMAQMD 

Rule 449 are consistent with the 

relevant policy and guidance regarding 

enforceability, RACT, and SIP 

relaxations. While SDAPCD Rule 61.4 

does not meet RACT requirements, it is 

consistent with the relevant policy, 

guidance regarding enforceability, and 

SIP relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by February 6, 2013, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on March 8, 

2013. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR § 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Act. 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 (Public Law 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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. 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 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 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 5, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(359)(i)(F), 

(388)(i)(D)(4) and (5) and (404)(i)(B)(2) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) * * * 

(i) * * * 

(F) San Diego County Air Pollution 

Control District. 


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900 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

(1) Rule 61.4, ‘‘Transfer of Volatile 

Organic Compounds into Vehicle Fuel 

Tanks,’’ revised on March 26, 2008. 

* * * * * 

(388) * * * 

(i) * * * 

(D) * * * 

(4) Rule 448, ‘‘Gasoline Transfer into 

Stationary Storage Containers,’’ 

amended on February 26, 2009. 

(5) Rule 449, ‘‘Transfer of Gasoline 

into Vehicle Fuel Tanks,’’ amended on 

February 26, 2009. 

* * * * * 

(404) * * * 

(i) * * * 

(B) * * * 

(2) Rule 214, ‘‘Phase I Vapor Recovery 

Requirements,’’ amended on April 25, 

2011. 

* * * * * 

[FR Doc. 2012–31636 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket #: EPA–R10–OAR–2010–0914; 

FRL—9764–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Alaska: 

Eagle River PM10 Nonattainment Area 

Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the Limited 

Maintenance Plan (LMP) submitted by 

the State of Alaska on September 29, 

2010 for the Eagle River nonattainment 

area (Eagle River NAA) and the State’s 

request to redesignate the area to 

attainment for the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10). 

DATES: This direct final rule will be 

effective March 8, 2013, without further 

notice, unless EPA receives adverse 

comments by February 6, 2013. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule 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–2010–0914, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Justin A. Spenillo, EPA 

Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle WA, 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Justin A. 

Spenillo, 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–2010– 

0914. 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 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 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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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, EPA 

Region 10, 1200 Sixth Avenue, Seattle 

WA, 98101. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo at (206) 553–6125, 

spenillo.justin@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to EPA. 

Table of Contents 

I. This Action 

II. Background 

A. PM10 NAAQS 

B. Eagle River NAA and Planning 

Background 

III. Requirements for Redesignation 

A. CAA Requirements for Redesignation of 

Nonattainment Areas 

B. The LMP Option for PM10

Nonattainment Areas 

C. Conformity Under the LMP Option 

IV. Review of the Alaska Submittal 

Addressing the Requirements for 

Redesignation and LMPs 

A. Has the Eagle River NAA attained the 

applicable NAAQS? 

B. Does the Eagle River NAA have a fully 

approved SIP under section 110(k) of the 

CAA? 

C. Has the State met all applicable 

requirements under section 110 and part 

D of the CAA? 

D. Has the State demonstrated that the air 

quality improvement is due to 

permanent and enforceable reductions? 

E. Does the area have a fully approved 

maintenance plan pursuant to section 

175A of the CAA? 

F. Has the State demonstrated that the 

Eagle River NAA qualifies for the LMP 

option? 

G. Does the State have an approved 

attainment emissions inventory which 

can be used to demonstrate attainment of 

the NAAQS? 

H. Does the LMP include an assurance of 

continued operation of an appropriate 

EPA-approved air quality monitoring 

network, in accordance with 40 CFR part 

58? 

I. Does the plan meet the Clean Air Act 

requirements for contingency 

provisions? 

J. Has the State met conformity 

requirements? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. This Action 

EPA is taking direct final action to 

approve the Limited Maintenance Plan 

(LMP) submitted by the State of Alaska 

on September 29, 2010, for the Eagle 

River nonattainment area (Eagle River 

NAA) and to concurrently redesignate 

the area to attainment for the PM10

NAAQS. EPA has reviewed air quality 


TKELLEY on DSK3SPTVN1PROD with