43984 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Proposed Rules 

1The Memorandum from the EPA’s Air Quality 

Management Division Director to EPA Regional Air 

Directors entitled ‘‘Procedures for Processing 

Requests to Redesignate Areas to Attainment,’’ 

dated September 4, 1992 (Calcagni Memo) can be 

found at https://www3.epa.gov/ttn/naaqs/ 

aqmguide/collection/cp2/19920904_calcagni_

process_redesignation_guidance.pdf. 

2The ‘‘Limited Maintenance Plan Option for 

Moderate PM10 Nonattainment Areas’’ Memo 

outlines the criteria for development of a PM10

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0649; FRL–8788–01– 

R10] 

Air Plan Approval; AK; Juneau’s 

Mendenhall Valley Second 10-Year 

PM10 Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the Juneau, Mendenhall Valley, Alaska 

(AK) limited maintenance plan (LMP) 

submitted on November 10, 2020, by the 

Alaska Department of Environmental 

Conservation (ADEC or ‘‘the State’’). 

This plan addresses the second 10-year 

maintenance period beyond 

redesignation for particulate matter with 

an aerodynamic diameter less than or 

equal to a nominal 10 micrometers 

(PM10). A LMP is used to meet Clean Air 

Act (CAA) requirements for formerly 

designated nonattainment areas that 

meet certain qualification criteria. The 

EPA is proposing to determine that 

Alaska’s LMP meets CAA requirements. 

The plan relies upon control measures 

contained in the first 10-year 

maintenance plan and the 

determination that the Mendenhall 

Valley area currently monitors PM10

levels well below the PM10 National 

Ambient Air Quality Standards 

(NAAQS or ‘‘the standard’’). 

DATES: Comments must be received on 

or before September 10, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2020–0649, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Christi Duboiski, EPA Region 10, 1200 

Sixth Avenue, Suite 155, Seattle, WA 

98101, at (360) 753–9081, or 

duboiski.christi@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

the EPA. 

Table of Contents 

I. Background 

II. Limited Maintenance Plan Option for 

PM10 Areas 

A. Requirements for the Limited 

Maintenance Plan Option 

B. Conformity Under the Limited 

Maintenance Plan Option 

III. Review of the State’s Submittal 

A. Qualifying for the Limited Maintenance 

Plan Option 

B. Attainment Inventory 

C. Air Quality Monitoring Network 

D. Verification of Continued Attainment 

E. Contingency Provisions 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On August 7, 1987, the EPA 

designated the City of Juneau, 

Mendenhall Valley area (Mendenhall 

Valley) as a PM10 nonattainment area 

(NAA) due to measured violations of the 

24-hour PM10 NAAQS (52 FR 29383). 

The publication announcing the 

designation upon enactment of the 1990 

CAA Amendments was published on 

March 15, 1991 (56 FR 11101). On 

November 6, 1991, the Mendenhall 

Valley NAA was subsequently classified 

as moderate under sections 107(d)(4)(B) 

and 188(a) of the CAA (56 FR 56694). 

ADEC worked with the City of Juneau 

and the community of Mendenhall 

Valley to develop a plan to bring the 

area into attainment no later than 

December 31, 1994. The State submitted 

the plan to the EPA on June 22, 1993, 

as a moderate PM10 State 

Implementation Plan (SIP) under 

section 189(a) of the CAA. The primary 

control measures the plan relied on 

were a wood smoke control program 

and paving unpaved roads to control 

fugitive dust. The EPA took final action 

to approve the State’s moderate PM10

SIP on March 24, 1994 (59 FR 13884). 

On May 8, 2009, the State requested 

the EPA redesignate the Mendenhall 

Valley NAA to attainment for PM10 and 

submitted the Mendenhall Valley PM10

LMP to the EPA for approval. On July 

16, 2010, the EPA determined the 

Mendenhall Valley NAA had attained 

the PM10 NAAQS as of the extended 

attainment date of December 31, 1995 

(75 FR 41379). On May 9, 2013, the EPA 

took direct final action to approve the 

LMP submitted by the State for the 

Mendenhall Valley NAA and 

concurrently redesignated the area to 

attainment for the PM10 NAAQS (78 FR 

27071). 

The purpose of the State’s November 

10, 2020 LMP is to fulfill the second 10- 

year planning requirement of CAA 

section 175A(b) to ensure PM10 NAAQS 

compliance through 2033. 

II. Limited Maintenance Plan Option 

for PM10 Areas 

A. Requirements for the Limited 

Maintenance Plan Option 

Section 175A of the CAA sets forth 

the elements of a maintenance plan. 

Under section 175A, a state must submit 

a plan to demonstrate continued 

attainment of the applicable NAAQS for 

at least 10 years after an area is 

redesignated to attainment. The state 

must then submit a revised maintenance 

plan demonstrating that the area will 

continue to attain for the 10 years 

following the initial 10-year period. On 

September 4, 1992, the EPA issued 

guidance on the content of a 

maintenance plan (Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, entitled 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

(Calcagni Memo)).1 The Calcagni Memo 

states that a maintenance plan should 

include the following provisions: (1) An 

attainment emissions inventory; (2) a 

maintenance demonstration showing 

maintenance for 10 years; (3) a 

commitment to maintain the existing 

monitoring network; (4) verification of 

continued attainment; and (5) a 

contingency plan to prevent or correct 

future violations of the NAAQS. 

On August 9, 2001, the EPA issued 

guidance on streamlined maintenance 

plan provisions for certain moderate 

PM10 nonattainment areas (see Memo 

from Lydia Wegman, Director, Air 

Quality Standards and Strategies 

Division, entitled ‘‘Limited Maintenance 

Plan Option for Moderate PM10

Nonattainment Areas’’ (LMP Option 

memo).2 The LMP Option memo 


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limited maintenance plan and can be found at 

https://www.epa.gov/sites/production/files/2016- 

06/documents/2001lmp-pm10.pdf. 

contains a statistical demonstration 

states can use to show that areas are 

meeting certain air quality criteria with 

a high degree of probability and 

therefore will maintain the standard 10 

years into the future. By providing this 

statistical demonstration, the EPA can 

consider the maintenance 

demonstration requirement of the CAA 

to be satisfied for the moderate PM10

nonattainment area meeting this air 

quality criteria. If the tests described in 

section IV of the LMP Option memo are 

met, the EPA will treat that as a 

demonstration that the area will 

maintain the NAAQS. Consequently, it 

follows that future year emission 

inventories for these areas, and some of 

the standard analyses to determine 

transportation conformity with the SIP 

are no longer necessary. 

To qualify for the LMP Option, a State 

must demonstrate the area meets the 

following criteria. First, the area should 

have attained the PM10 NAAQS. 

Second, the most recent five years of air 

quality data at all monitors in the area, 

called the 24-hour average design value, 

should be at or below 98 micrograms 

per cubic meter (mg/m3). Third, the State 

should expect only limited growth in 

on-road motor vehicle PM10 emissions 

and should have passed a motor vehicle 

regional emissions analysis test. Lastly, 

the LMP Option Memo identifies core 

provisions that must be included in all 

limited maintenance plans. These 

provisions include an attainment year 

emissions inventory, assurance of 

continued operation of an EPAapproved air quality monitoring 

network, and contingency provisions. 

B. Conformity Under the Limited 

Maintenance Plan Option 

The transportation conformity rule 

and the general conformity rule (set 

forth in the Code of Federal Regulations 

(CFR) at 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 

conforming to 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 PM10 NAAQS would 

result. For transportation conformity 

purposes, the EPA would conclude that 

emissions in these areas need not be 

capped for the maintenance period and 

therefore a regional emissions analysis 

would not be required. Similarly, 

Federal actions subject to the general 

conformity rule could be considered to 

satisfy the ‘‘budget test’’ specified in 40 

CFR 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 (see 40 CFR 

93.109(e)), the areas remain subject to 

the 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 

(TCMs) in accordance with 40 CFR 

93.113; 

b. transportation plans and projects 

comply with the fiscal constraint 

element as set forth in 40 CFR 93.108; 

c. the MPO’s interagency consultation 

procedures meet the 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. 

If the EPA approves the second 10- 

year LMP, the Mendenhall Valley 

maintenance area will continue to be 

exempt from performing a regional 

emissions analysis but must meet 

project-level conformity analyses as 

well as the transportation conformity 

criteria described above. 

III. Review of the State’s Submittal 

A. Qualifying for the Limited 

Maintenance Plan Option 

As discussed in Section II.A. of this 

preamble, the LMP Option Memo 

outlines the requirements for an area to 

qualify for an LMP. First, the area 

should be attaining the PM10 NAAQS. 

The PM10 NAAQS is attained when the 

expected number of days per calendar 

year with a 24-hour average 

concentration above 150 mg/m3 is equal 

to or less than one (40 CFR 50.6). We 

have evaluated the most recent ambient 

air quality data for the 24-hour PM10

NAAQS and determined that the 

Mendenhall Valley area continues to 

attain the NAAQS with zero annual 

exceedances for the period 2018 through 

2020. Table 1 of this preamble shows 

the Mendenhall Valley area has not 

exceeded the standard of 150 mg/m3 for 

the 24-hour maximum PM10

concentrations measured at the Floyd 

Dryden monitoring site from 2010–2020. 

TABLE 1—FLOYD DRYDEN 24-HOUR

MAXIMUM PM10 CONCENTRATIONS

2010–2020 

Year 

24-Hr 

max 

μg/m3

Number of 

days 

exceeding 

NAAQS 

2010 ............................ 30 0 

2011 ............................ 24 0 

2012 ............................ 26 0 

2013 ............................ 33 0 

2014 ............................ 38 0 

2015 ............................ 21 0 

2016 ............................ 34 0 

2017 ............................ 30 0 

2018 ............................ 24 0 

2019 ............................ 64 0 

2020 ............................ 35 0 

Second, the 24-hour average design 

value for the most recent five years of 

monitoring data must be at or below the 

critical design value of 98 mg/m3 for the 

PM10 NAAQS. The critical design value 

is a margin of safety in which an area 

has a one in ten probability of exceeding 

the NAAQS. The 5-year average design 

value for Mendenhall Valley, based on 

PM10 monitoring data from 2014 

through 2018, is 49 mg/m3. In addition, 

the EPA calculated the 5-year average 

design value for the Mendenhall Valley 

based on PM10 monitoring data from 

2016 through 2020 and found the most 

conservative average design value 

estimate to be 62 mg/m3, which is below 

the critical design value of 98 mg/m3. 

The EPA’s attainment and average 

design value evaluation used to 

determine if the area qualifies for the 

LMP option is included in the docket 


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for this action. The EPA reviewed the 

data and methodology provided by the 

State and the most recent 5-year average 

design value and finds that the 

Mendenhall Valley area’s 5-year average 

design value is below the critical design 

value of 98 mg/m3 outlined in the LMP 

Option Memo. Therefore, the EPA finds 

that the Mendenhall Valley area meets 

the design value criteria outlined in the 

LMP Option Memo. 

Third, the area must meet the motor 

vehicle regional emissions analysis test 

described in the LMP Option Memo. 

The State submitted an analysis 

showing that growth in on-road mobile 

PM10 emissions sources was minimal 

and would not threaten the assumption 

of maintenance that underlies the LMP 

policy. Using the EPA’s methodology, 

the State calculated total projected 

growth in on-road motor vehicle PM10

emissions through 2033 (the end of the 

maintenance planning period) for the 

Mendenhall Valley area. This 

calculation is derived using Attachment 

B of the EPA’s LMP Option Memo, 

where the projected percentage increase 

in vehicle miles traveled over the next 

ten years (VMTpi) is multiplied by the 

on-road mobile portion of the 

attainment year inventory (DVmv), 

including re-entrained road dust. This 

test is met when (VMTpi × DVmv) plus 

the design value for the most recent five 

years of quality assured data is below 

the margin of safety (MOS) for the 

relevant PM10 standard in mg/m3 for a 

given area. This MOS value can be 98 

mg/m3 or a site-specific value computed 

from data collected at the site of interest 

using methods outlined in Attachment 

A of the LMP Option Memo. The 24- 

hour average design value of 49 mg/m3

was used to compute a MOS selected for 

the Floyd Dryden monitoring site in 

Mendenhall Valley of 50.2 mg/m3, which 

is below the MOS value of 98 mg/m3. 

See the Mendenhall Valley LMP, 

Section III.D.3.4 and associated 

appendix, placed in the docket for this 

action, for details of this computation. 

The EPA reviewed the calculations in 

the State’s LMP submittal and concurs 

with the determination that the area 

meets the motor vehicle regional 

emissions analysis test. 

As described above, the Mendenhall 

Valley PM10 maintenance area meets the 

qualification criteria set forth in the 

LMP Option Memo and accordingly 

qualifies for the LMP option. To ensure 

these requirements continue to be met, 

the State commits to evaluate 

monitoring data annually to ensure the 

area continues to qualify for the LMP 

option. However, if after performing the 

annual recalculation of the area’s 

average design value in a given year, the 

State determines that the area no longer 

qualifies for the LMP, the State will take 

action to attempt to reduce PM10

concentrations enough for the area to 

requalify for the LMP. One possible 

approach the State could take is to 

implement a contingency measure 

found in its SIP. See Section III.D.3.9 of 

the State’s submittal, placed in the 

docket for this action, for a description 

of the contingency measures. 

B. Attainment Inventory 

Pursuant to the LMP Option Memo, 

the State’s submission should include 

an emissions inventory, which can be 

used to demonstrate attainment of the 

relevant NAAQS. The inventory should 

represent emissions during the same 

five-year period associated with air 

quality data used to determine whether 

the area meets the applicability 

requirements of the LMP option. The 

State should review its inventory every 

three years to ensure emissions growth 

is incorporated in the inventory if 

necessary. 

Alaska’s Mendenhall Valley PM10

LMP includes an emissions inventory, 

with a base year of 2017. The 

assumptions, methods and 

computations used to generate the 2017 

emissions inventory are described in 

detail in Appendix III.D.3.6 of the 

Mendenhall Valley LMP submittal in 

the docket for this action. The 2017 base 

year represents the most recent 

emissions inventory data available, is 

representative of the level of emissions 

during a period of time used to calculate 

the area is attaining the NAAQS, and is 

consistent with the data used to 

determine applicability of the LMP 

option (i.e., having no violations of the 

NAAQS during the five-year period 

used to calculate the design value). 

Like the first 10-year LMP, four main 

source categories were inventoried for 

the second 10-year LMP. These include 

(1) On-Road; (2) Non-Road; (3) Area 

Sources; and (4) Point Sources. The 

same assumptions and methods used to 

develop the first 10-year LMP were used 

to develop the 2017 base year PM10

emissions inventory for the second 10- 

year LMP. The analysis of the emissions 

inventory for the second 10-year LMP 

indicates that that the PM10 emissions in 

the maintenance area declined by about 

78% between 2004 and 2017 and shows 

paved roads remain the most significant 

source of fugitive emissions in the 

maintenance area. Fugitive dust from 

paved roads accounted for 46.2% of the 

overall inventory; fugitive dust from 

unpaved roads accounted for 0.53%; 

and emissions from wood burning 

accounted for 8.4% of the overall 

inventory. 

Efforts by the City and Borough of 

Juneau and the State to pave sections of 

unpaved roads and sweeping and 

sanding mitigation programs in the 

Valley, as well as the woodsmoke 

control program, have led to significant 

reduction in PM10 emissions. In 

accordance with the LMP Option Memo, 

all controls relied on to demonstrate 

attainment and continued maintenance 

will remain in place, and ADEC asserts 

that no additional control measures are 

necessary to maintain the NAAQS. 

The submittal meets the EPA 

guidance for purposes of an attainment 

emissions inventory, and the emissions 

inventory data supports the State’s 

conclusions that the existing control 

measures will continue to protect and 

maintain the PM10 NAAQS. 

C. Air Quality Monitoring Network 

Once an area is redesignated, the state 

must continue to operate an appropriate 

air monitoring network in accordance 

with 40 CFR part 58 to verify the 

attainment status of the area. From 1986 

until the present, Alaska has operated a 

PM10 monitor at the Floyd Dryden 

Middle School in the Mendenhall 

Valley NAA. The Floyd Dryden monitor 

was sited and maintained in accordance 

with Federal siting and design criteria 

in 40 CFR part 58, and in consultation 

with the EPA Region 10. On June 26, 

2020, ADEC submitted the 2020 Annual 

Monitoring Network Plan, which the 

EPA approved on January 25, 2021. 

ADEC’s network plan and the EPA’s 

approval letter are included in the 

docket for this action. 

The State commits to continued 

operation of at least one EPA-approved 

PM10 monitoring site in the Mendenhall 

Valley maintenance area through the 

end of the maintenance planning 

period, 2033, and will continue to 

operate the monitor consistent with the 

EPA-approved ADEC annual network 

plan in order to meet the EPA 

requirements at 40 CFR part 58. 

D. Verification of Continued Attainment 

The level of the PM10 NAAQS is 150 

mg/m3, 24-hour average concentration. 

The NAAQS is attained when the 

expected number of days per calendar 

year with a 24-hour average 

concentration above 150 mg/m3 is equal 

to or less than one (40 CFR 50.6). As 

stated in Section III.D of this preamble, 

ADEC commits to continue to operate a 

regulatory monitoring network in 

accordance with 40 CFR part 58. In 

addition, ADEC commits to verifying 

continued attainment of the PM10

standard through the maintenance plan 

period with the operation of an 

appropriate PM10 monitoring network. 


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3The remainder of the November 10, 2020 State 

of Alaska SIP submission (the Eagle River Second 

10-year PM10 LMP; the 2019 Emission Limit Control 

Measures; and the 2019 Adoption by Reference 

Updates and Standard Permit Conditions) will be 

addressed in separate EPA rulemaking actions. 

In developing the second 10-year 

maintenance plan, ADEC evaluated the 

most recent three years of complete, 

quality-assured data for the Mendenhall 

Valley NAA (2017 through 2019) to 

verify continued attainment of the 

standard. 

E. Contingency Provisions 

The CAA section 175A states that a 

maintenance plan must include 

contingency provisions, as necessary, to 

ensure prompt correction of any 

violation of the NAAQS, which may 

occur after redesignation of the area to 

attainment. As explained in the LMP 

Option Memo and the Calcagni Memo, 

these contingency provisions are an 

enforceable part of the federally 

approved SIP. The maintenance plan 

should clearly identify the events that 

would ‘‘trigger’’ the adoption and 

implementation of a contingency 

provision, the contingency provision(s) 

that would be adopted and 

implemented, and the schedule 

indicating the time frame by which the 

State would adopt and implement the 

provision(s). The LMP Option Memo 

and the Calcagni Memo state that the 

EPA will determine the adequacy of a 

contingency plan on a case-by-case 

basis. At a minimum, it must require 

that the state implement all measures 

contained in the CAA part D 

nonattainment plan for the area prior to 

redesignation. 

In the Mendenhall Valley PM10 LMP, 

ADEC included maintenance plan 

contingency provisions to ensure the 

area continues to meet the PM10

NAAQS. The Mendenhall Valley LMP 

describes a process and a timeline to 

identify, evaluate and select appropriate 

contingency measure(s) from a list of 

potential measures in the event of a 

quality assured violation of the PM10

NAAQS. Within 120 days following a 

violation of the PM10 NAAQS an 

assessment team will evaluate the 

events contributing to the violation and 

identify the appropriate measure(s) that 

may need to be implemented. 

Contingency measures that may be 

implemented to address the source and 

circumstances causing the violation and 

reduce emissions are listed in Section 

III.D.3.9 of the Mendenhall Valley LMP 

in the docket for this action. The 

identified contingency measure(s) may 

be adopted and implemented in 

coordination with the ADEC 

Commissioner, City Manager and 

assembly. 

The contingency provisions submitted 

in the Mendenhall Valley PM10 LMP are 

adequate to meet CAA section 175A 

requirements and the contingency 

provisions as outlined in the LMP 

Option Memo. 

IV. Proposed Action 

The EPA is proposing to approve the 

second 10-year PM10 limited 

maintenance plan for Juneau, 

Mendenhall Valley submitted by the 

State of Alaska.3 The EPA has reviewed 

the air quality data for the Mendenhall 

Valley area and determined that the area 

continues to show attainment of the 

PM10 NAAQS and meets all the LMP 

requirements as described in this action. 

If finalized, the EPA’s approval of this 

LMP will satisfy the section 175A CAA 

requirements for the second 10-year 

period for the Mendenhall Valley PM10

area. 

V. 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 proposed 

action merely proposes to approve 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

it does not involve technical standards; 

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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: August 5, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–17099 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 


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