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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
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In accordance with the LMP Option Memo, all controls relied on to demonstrate attainment and continued maintenance will remain in place e.g., the required paved road improvements for non-rural, residential properties in the Municipality of Anchorage.3 Efforts by the Municipality of Anchorage MOA to pave all streets except those in low density residential areas was the primary PM10 mitigation program in Eagle River that lead to significant reduction in PM10 emissions. By 2007
all 22 miles of local gravel roads were paved with either traditional hot asphalt paving or surfaced with recycled asphalt product RAP. The MOA is committed to continued maintenance of these roads, and the MOA and the Alaska Department of Transportation and Public Facilities are committed to maintaining sand specifications that allow no more than 2% fines or silt allowed in winter traction sand. 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 States 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 1985
until present, Alaska has operated a PM10 monitor at the Parkgate Business Center Parkgate monitor in the Eagle River NAA. The Parkgate 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 that the EPA
approved on January 25, 2021. ADECs network plan and the EPAs 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 Eagle River maintenance area through the end of the maintenance planning period, 2033, and will continue to operate the monitor 3 The control measures are fully implemented and continue to apply after the SIP commitment was fulfilled. The Anchorage Municipal Code AMC
Title 21 was reorganized and recodified, State effective January 1, 2014. The AMC Title 21section that requires paved road improvements for nonrural, residential properties in the MOA can be found in Section 21.08.050.

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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.
In developing the second 10-year maintenance plan, ADEC evaluated the most recent three years of complete, quality-assured data for the Eagle River 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 provisions that would be adopted and implemented, and the schedule indicating the time frame by which the State would adopt and implement the provisions. 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 Eagle River PM10 LMP, ADEC
included maintenance plan contingency provisions to ensure the area continues to meet the PM10 NAAQS. The Eagle River LMP describes a process and a timeline to identify, evaluate and select the appropriate contingency measures from a list of measures in the event of a quality assured violation of the PM10
NAAQS. The contingency measures that may be implemented to reduce
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emissions are listed in Section III.D.2.10
of the Eagle River LMP in the docket for this action. Within 30 days following a violation of the PM10 NAAQS, the MOA
will convene an assessment team to evaluate the events contributing to the violation and identify control measures that appropriately address the sources and circumstances causing the violation. Within 120 days of the violation, the assessment team will prepare a report that identifies the cause or causes of the violation and recommend appropriate measures for mitigating future violations. The report will be presented to the Anchorage Metropolitan Area Transportation Solutions Policy Committee for review and adoption and will then be forwarded to ADEC for approval.
The EPA proposes to determine that the contingency provisions submitted in the Eagle River 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 Eagle River submitted by the State of Alaska.4 The EPAs review of the air quality data for the Eagle River area indicates 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 EPAs approval of this LMP will satisfy the section 175A CAA
requirements for the second 10-year period for the Eagle River PM10 area.
VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed 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 proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, 4 We intend to address the remainder of the November 10, 2020 State of Alaska SIP submission the Juneau, Mendenhall Valley Second 10-year PM10 LMP, the 2019 Emission Limit Control Measures, and the 2019 Adoption by Reference Updates and Standard Permit Conditions in separate EPA actions.

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