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Code · CFR · Title 40 — Protection of Environment · Part 52 · § 52.73

§ 52.73. Approval of plans.

1,594 words·~7 min read·/us/cfr/t40/s§ 52.73·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Carbon monoxide.
(1)Anchorage.
(i)EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section III.B of the State Air Quality Control Plan, adopted January 2, 2004, effective February 20, 2004 and Volume III of the Appendices adopted January 2, 2004, effective February 20, 2004) submitted by the Alaska Department of Environmental Conservation on February 18, 2004.
(ii)EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections II, III.A and III.B of the State Air Quality Control Plan adopted August 20, 2010, effective October 29, 2010, and Volume III of the Appendices adopted August 20, 2010, effective October 29, 2010) submitted by the Alaska Department of Environmental Conservation on September 29, 2010.
(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).
(2)Fairbanks.
(i)EPA approves as a revision to the Alaska State Implementation Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C of the Appendices adopted April 27, 2004, effective June 24, 2004) submitted by the Alaska Department of Environmental Conservation on June 21, 2004.
(ii)The EPA approves as a revision to the Alaska State Implementation Plan, the Fairbanks Carbon Monoxide Limited Maintenance Plan (Volume II, Section III.C.12 of the State Air Quality Control Plan, adopted February 22, 2013) submitted by the Alaska Department of Environmental Conservation on April 22, 2013. In this action, the EPA is also approving the following revised sections of the Fairbanks Transportation Control Program (Volume II, Section III.C): Air Quality Emissions Data (Section III.C.3), Carbon Monoxide Network Monitoring Program (Section III.C.4), Modeling and Projections (Section III.C.6), and Air Quality Conformity Procedures (Section III.C.10); and the following revised sections of the Appendices to Volume II of the Fairbanks Transportation Control Program (Volume III): Section III.C.1 and Section III.C.10, all of which were included in the April 22, 2013 SIP submittal.
(b)Lead. [Reserved]
(c)Nitrogen dioxide. [Reserved]
(d)Ozone. [Reserved]
(e)Particulate matter.
(1)Mendenhall Valley.
(i)The EPA approves as a revision to the Alaska State Implementation Plan, the Mendenhall Valley PM10 Limited Maintenance Plan (Volume II, Section III.D.3 of the State Air Quality Control Plan, and Volume III.D.3.5, Volume III.D.3.8, and Volume III.D.3.9 of the Appendices (to Volume II, section III.D.3)) adopted February 20, 2009, and submitted by the Alaska Department of Environmental Conservation to the EPA on May 14, 2009.
(ii)The EPA approves the revisions to the Alaska State Implementation Plan submitted on December 4, 2024, as meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM2.5 Nonattainment Area:
(A)2020 base year emissions inventory (Clean Air Act section 172(c)(3), 42 U.S.C. 7502(c)(3), 40 CFR 51.1008(c)(1)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d);
(B)2027 attainment projected emissions inventory (Clean Air Act section 172(c)(1), 42 U.S.C. 7502(c)(1), 40 CFR 51.1008(c)(2)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d));
(C)PM2.5 precursor demonstrations for SO2 emissions for existing major stationary sources (Clean Air Act section 189(e), 42 U.S.C. 7513a(e); 40 CFR 51.1006(a));
(D)The control strategy as meeting BACM and BACT requirements under Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a) for the following emission source categories: PM2.5 control measures for major stationary sources, requirements for wood sellers, coal-fired heating devices, coffee roasters, energy efficiency and weatherization measures, mobile source category;
(E)Additional measures (beyond those already adopted in previous nonattainment plan SIP submissions for the area as RACM/RACT, BACM/BACT, and MSM (if applicable)) under Clean Air Act section 189(d), 42 U.S.C. 7513a(d), and 40 CFR 51.1010(c);
(F)Attainment demonstration and modeling requirements of Clean Air Act sections 172(a)(2), 189(b)(1)(A), and 189(d), 42 U.S.C. 7502(a)(2), 42 U.S.C. 7513a(b)(1)(A) and 7513a(d), and 40 CFR 51.1003(c) and 51.1011 (Pursuant to CAA section 172(a)(2)(A), 42 U.S.C. 7502(a)(2), and 40 CFR 51.1004(a)(3), the Serious area attainment date for the Fairbanks PM2.5 Nonattainment Area is December 31, 2027);
(G)Reasonable further progress
(RFP)requirements of Clean Air Act section 172(c)(2), 42 U.S.C. 7502(c)(2), and 40 CFR 51.1012;
(H)Quantitative milestones requirements of Clean Air Act section 189(c), 42 U.S.C. 7513a(c), and 40 CFR 51.1013;
(I)Contingency measures requirements of Clean Air Act section 172(c)(9), 42 U.S.C. 7502(c)(9), and 40 CFR 51.1014 applicable to Serious areas subject to Clean Air Act sections 189(b) and 189(d), 42 U.S.C. 7513a(b) and 7513a(d); and
(J)Motor vehicle emission budgets requirements under 40 CFR 51.1003(d) and 93.118.
(2)Fairbanks.
(i)The EPA approves the revisions to the Alaska State Implementation Plan submitted on December 13, 2019, and December 15, 2020, as meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM2.5 Nonattainment Area:
(A)2019 base year emissions inventory (Clean Air Act section 172(c)(3), 42 U.S.C. 7502(c)(3), 40 CFR 51.1008(c)(1)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d);
(B)PM2.5 precursor demonstrations for NOX and VOC emissions (Clean Air Act section 189(e), 42 U.S.C. 7513a(e); 40 CFR 51.1006(a));
(C)Partial approval of the control strategy as meeting BACM and BACT requirements under Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a) for ammonia controls for major stationary sources, the solid fuel home heating device source category (except the requirements for dry wood sellers), residential and commercial fuel oil combustion source category; the charbroiler source category, used oil burner source category, and mobile source category (except for rejection of vehicle anti-idling requirements); and
(D)Nonattainment New Source Review Requirements under Clean Air Act sections 172(c)(5), 189(b)(3), 189(d), and 189(e), 42 U.S.C. 7502(c)(5), 7513a(b)(3), 7513a(d), 7513a(e), and 40 CFR 51.165, 40 CFR 51.1003(b)(1)(viii), and 40 CFR 51.1003(c)(1)(viii).
(ii)The EPA disapproves the revisions to the Alaska State Implementation Plan submitted on December 13, 2019, and December 15, 2020, as not meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM2.5 Nonattainment Area:
(A)Attainment projected emissions inventory requirements of Clean Air Act section 172(c)(1), 42 U.S.C. 7502(c)(1), and 40 CFR 51.1008(c)(2));
(B)Partial disapproval as not meeting applicable control strategy BACM and BACT requirements (Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a)) for the following emission source categories: PM2.5 and SO2 control analysis for major stationary sources, requirements for wood sellers, coal-fired heating devices, coffee roasters, weatherization and energy efficiency measures, mobile source category (disapproving for lack of vehicle anti-idling requirements);
(C)Additional measures (beyond those already adopted in previous nonattainment plan SIP submissions for the area as RACM/RACT, BACM/BACT, and MSM (if applicable)) under Clean Air Act section 189(d), 42 U.S.C. 7513a(d), and 40 CFR 51.1010(c);
(D)Attainment demonstration and modeling requirements of Clean Air Act sections 188(c)(2) and 189(b)(1)(A), 42 U.S.C. 7513(c)(2) and 7513a(b)(1)(A), and 40 CFR 51.1003(c) and 51.1011;
(E)Reasonable further progress
(RFP)requirements of Clean Air Act section 172(c)(2), 42 U.S.C. 7502(c)(2), and 40 CFR 51.1012;
(F)Quantitative milestones requirements of Clean Air Act section 189(c), 42 U.S.C. 7513a(c), and 40 CFR 51.1013;
(G)Contingency measures requirements of Clean Air Act section 172(c)(9), 42 U.S.C. 7502(c)(9), and 40 CFR 51.1014 applicable to Serious areas subject to Clean Air Act sections 189(b) and 189(d), 42 U.S.C. 7513a(b) and 7513a(d); and
(H)Motor vehicle emission budgets requirements under 40 CFR 51.1003(d) and 93.118, without a protective finding under 40 CFR 93.120.
(f)Sulfur dioxide. [Reserved]
(g)Visibility protection.
(1)EPA approves the Regional Haze SIP revision submitted by the Alaska Department of Environmental Conservation on April 4, 2011, as meeting the requirements of Clean Air Act sections 169A and 169B, and Federal Regulations 40 CFR 51.308 to implement a regional haze program in the State of Alaska for the first planning period through July 31, 2018.
(2)[Reserved] [67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004; 69 FR 44605, July 27, 2004; 77 FR 1417, Jan. 10, 2012; 78 FR 907, Jan. 7, 2013; 78 FR 10554, Feb. 14, 2013; 78 FR 27077, May 9, 2013; 78 FR 48615, Aug. 9, 2013; 79 FR 1171, Mar. 3, 2014; 88 FR 84675, Dec. 5, 2023; 90 FR 51545, Nov. 18, 2025]
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