Clean Air Act Attainment Extension for the Municipality of Anchorage Area Carbon Monoxide Nonattainment Area: Alaska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK13-7101a; FRL-5523-7]

Clean Air Act Attainment Extension for the Municipality of

Anchorage Area Carbon Monoxide Nonattainment Area: Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action grants a one (1) year attainment date extension

for the Municipality of Anchorage (MOA), Alaska carbon monoxide (CO)

nonattainment area. The MOA area failed to attain the National Ambient

Air Quality Standard (NAAQS) for CO by the December 31, 1995 deadline

pursuant to the 1990 Clean Air Act Amendments (CAAA). CO attainment is

based on eight (8) consecutive quarters (two years) of clean air

quality data. There were two (2) exceedances of the CO NAAQS recorded

in the nonattainment area in 1994, and no exceedances in 1995. Due to

no exceedances in 1995 and the State's compliance with all requirements

and commitments pertaining to the MOA area in the Alaska State

Implementation Plan (SIP), an extension to meet the standards by

December 31, 1996 is granted. This action is based on 1994 and 1995

monitored air quality data for the CO NAAQS.

DATES: This action is effective on August 27, 1996 unless adverse or

critical comments are received by July 29, 1996. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments should be addressed to Tamara Langton,

Environmental Protection Specialist, Office of Air Quality (OAQ-107),

EPA, Seattle, Washington 98101.

Copies of the State's request and other information supporting this

action are available for inspection during normal business hours at the

following locations: EPA, Office of Air Quality (OAQ-107), 1200 Sixth

Avenue, Seattle, Washington 98101; the Alaska Department of

Environmental Conservation, 410 Willoughby, Suite 105, Juneau, Alaska,

99801-1795.

FOR FURTHER INFORMATION CONTACT: Tamara Langton, Environmental

Protection Specialist, Office of Air Quality (OAQ-107), EPA, Seattle,

Washington 98101, (206) 553-2709.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAAA Requirements and EPA Actions Concerning Designation and

Classification

The 1990 CAAA created a new classification structure for CO

nonattainment areas which was based upon the severity of the

nonattainment problem. For moderate CO nonattainment areas with a

design value between 9.1-16.4 parts per million (ppm), the attainment

date was to be as expeditious as practicable but no later than December

31, 1995.

The air quality planning requirements for moderate CO nonattainment

areas are set out in sections 186-187 of the CAAA which pertain to the

classification of CO nonattainment areas and submission of SIP

requirements for these areas, respectively. The EPA issued a ``General

Preamble'' which stated EPA's preliminary views concerning how EPA

intended to review SIP's and SIP revisions submitted as required under

Title I of the Act, [See generally 57 FR 13489 (April 16, 1992) and 57

FR 18070 (April 28, 1992)]. States containing CO moderate nonattainment

areas with design values of 9.1-16.4 ppm were required to submit SIP's

for these areas on or before November 15, 1992 which would provide for

attainment by December 31, 1995.

B. Attainment Determinations

The EPA has the responsibility for determining whether a

nonattainment area has attained the CO NAAQS by the applicable

attainment date.\1\ The EPA has the responsibility of making attainment

determinations for moderate CO nonattainment areas by no later than six

(6) months after the December 31, 1995 attainment date for these areas.

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\1\ See sections 179(c) and 186(b)(2) of the Act.

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The EPA will be making attainment determinations for CO

nonattainment areas based upon whether an area has 8 consecutive

quarters (2 years) of clean air quality data. No special or additional

SIP submittal is required from the State for this determination.

Section 179(c)(1) of the Act provides that the attainment determination

is to be based upon an area's ``air quality as of the attainment

date.'' The EPA will make the determination of whether an area's air

quality is meeting the CO NAAQS by the applicable attainment date based

upon the most recent 2 years of data gathered from air quality

monitoring sites which have been entered into the Aerometric

Information Retrieval System (AIRS) data base.

A CO nonattainment area's air quality status is determined in

accordance with 40 CFR Part 50.8, and in accordance with EPA policy as

stated in a memorandum from William G. Laxton, Director Technical

Support Division, entitled ``Ozone and Carbon Monoxide Design Value

Calculations'', June 18, 1990. CO design values are discussed in terms

of the 8-hour CO NAAQS. The 1-hour CO design value should be computed

in the same manner as the 8-hour NAAQS.

The CO NAAQS requires that not more than 1, 8-hour average per year

can exceed 9.0 ppm (9 greater than or equal to 9.5 ppm to adjust for

rounding). CO attainment is evaluated by reviewing 8 quarters or a

total of 2 consecutive and complete years of data. If an area has a

design value greater than 9.0 ppm, this serves as an indication that a

monitoring site in the area, where the second-highest (non-overlapping)

8-hour average was measured, had CO concentrations measured at levels

greater than 9.0 ppm in at least 1 of the 2 years. This indicates that

there were at least 2 values above the standard (9.0 ppm) during 1 of

the 2 years (1994) being reviewed at a particular monitoring site, thus

the standard was not met.

C. Application for a 1-year Extension of the Attainment Date

If the State does not have the 2 consecutive clean years of data to

show attainment of the NAAQS, a State may apply for an extension of the

attainment date. Pursuant to section 186(a)(4) of the Act, a State may

apply for and EPA may grant a 1-year extension of the attainment date

if the State has: (1) complied with the requirements and commitments

pertaining to the

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applicable implementation plan for the area, and (2) the area has

measured no more than 1 exceedance of CO NAAQS at any monitoring site

in the nonattainment area in the year preceding the extension year. If

the State does not have the requisite number of years of clean air

quality data to show attainment and does not apply or does not qualify

for an attainment date extension, the area will be reclassified as

serious by operation of law.

The authority delegated to the Administrator to extend attainment

dates for moderate areas is discretionary. Section 186(a)(4) of the Act

provides that the Administrator ``may'' extend the attainment date for

areas that meet the minimum requirements specified above. The provision

does not dictate or compel that EPA grant extensions to such areas. In

exercising this discretionary authority for CO nonattainment areas, EPA

will examine the air quality planning progress made in the moderate

area. EPA will be disinclined to grant an attainment date extension

unless a State has, in substantial part, addressed its moderate CO

planning obligations for the area. In order to determine whether the

State has substantially met these planning requirements the EPA will

review the States application for the attainment date extension to

determine whether the State has: (1) adopted and substantially

implemented control measures to satisfy the requirement for the

moderate CO nonattainment area; and (2) that reasonable further

progress is being met for the area.

If the State cannot make a sufficient demonstration that the area

has complied with the extension criteria stated above, and EPA

determines that the area has not timely demonstrated attainment of the

CO NAAQS, the area will be reclassified as serious by operation of law

pursuant to section 186(b)(2) of the Act. If an extension is granted,

at the end of the extension year, EPA will again review the area's air

quality data to determine whether the area has attained the CO NAAQS.

II. Summary of Today's Action

EPA is, by today's action, granting the State of Alaska's request

for a 1-year extension of the CO attainment date for the MOA area. The

MOA area failed to meet the December 31, 1995 CO attainment date. This

actions extends the attainment date from December 31, 1995, to December

31, 1996.

A. Granting the CO Nonattainment Area Extension

If a State containing a moderate CO nonattainment area does not

have the 8 quarters (2 consecutive years) of clean air quality data to

demonstrate that the area has attained the CO NAAQS, the State may

apply for a 1-year extension of the attainment date. The EPA may extend

the attainment date for 1 year only if the State submits an application

for the affected nonattainment area satisfying all of the following

requirements:

1. Air Quality Data

Pursuant to section 186(a)(4)(B) of the CAAA, an area must have no

more than 1 exceedance of the 8-hour CO NAAQS in the year proceeding

the extension year at any 1 monitoring site in the nonattainment area.

The MOA nonattainment area has four (4) CO Special Purpose

Monitoring (SPM) sites: Benson/Spenard, Sand Lake, Garden and Seward/

Benson. Sampling at these sites is conducted every day. Data from these

sites has been deemed valid by EPA and submitted by the State of Alaska

for inclusion in the EPA's air quality data system, AIRS.

A review of the data for calendar years 1994 through 1995 for the

MOA CO nonattainment area shows 2 exceedances in 1994. These

exceedances occurred on November 30 and December 7, 1994; both at the

Seward/Benson SPM site. The 8-hour CO NAAQS average was 11.3 and 11.0

ppm, respectively. There were no exceedances in 1995; therefore, this

requirement has been met.

2. Compliance With Applicable SIP

Pursuant to section 186(a)(4)(A) of the CAAA, a State must

demonstrate that it has complied with all requirements and commitments

pertaining to the ``affected nonattainment area'' in the applicable

implementation plan. The State of Alaska is in compliance with this

requirement.

EPA has approved portions of the Alaska CO SIP (see 60 FR 17232 and

60 FR 33727). The State of Alaska is currently amending the SIP

regarding the biennial Inspection and Maintenance (I/M) program

mandated by the Alaska State legislature. Primary changes are

modifications required to implement biennial I/M testing and modeling

results which can demonstrate that the MOA can meet CAAA requirements.

3. Substantial Implementation of Control Measures

The State of Alaska has developed and implemented substantial

control measures for CO in the MOA nonattainment area. These control

measures consist of the federal emission controls required for new

vehicles, the ethanol-blended fuels program, the I/M program, and the

rideshare program.

4. Emission Reduction Progress

The historical trend in the MOA's air quality has been toward lower

CO levels. CO concentrations have decreased from a second-high 8-hour

average of 26.2 ppm and 40 violations in 1980, to a second-high 8-hour

average of 8.4 ppm and zero violations in 1995. The continued

improvement in CO concentrations in the MOA has been achieved mainly by

emission reductions resulting from turnover of the vehicle fleet,

required vehicle repairs and maintenance under the I/M program, and the

mandatory wintertime use of ethanol blends. These control measures and

emission reductions are permanent and enforceable.

The continued implementation of the I/M and ethanol fuels program,

combined with the Federal Motor Vehicle Control Program and the recent

rideshare program is expected to result in further decreases in CO

emissions and ambient concentrations in the MOA. Based on the above,

EPA believes that reasonable further progress (RFP) toward attainment

of the CO NAAQS has been demonstrated.

In summary, for the reasons discussed above, EPA is granting the

State's request for a 1-year extension of the attainment date for the

MOA CO nonattainment area from December 31, 1995, to December 31, 1996.

III. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Attainment date extensions under section 186, as with SIP approvals

under section 110 and subchapter I, Part D of the CAA, do not create

any new requirements. Therefore, because the granting of the MOA 1-year

CO attainment date extension does not

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impose any new requirements, I certify that it does not have a

significant impact on any small entities. Moreover, due to the nature

of the federal-state relationship under the CAA, preparation of a

regulatory flexibility analysis would constitute federal inquiry into

the economic reasonableness of state action. The CAA forbids EPA to

base its actions concerning SIPs on such grounds. Union Electric Co. v.

E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that an attainment date extension does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. A finding that an area should be

granted a 1-year extension of the attainment date consists of factual

determinations based on air quality considerations and the area's

compliance with certain prior requirements, and imposes no new Federal

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

The EPA has reviewed this request for a 1-year extension of the CO

attainment date for the MOA nonattainment area for conformance with the

1990 CAAA enacted on November 15, 1990. The EPA has determined that

this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective August 27, 1996 unless, by July 29, 1996, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective August 27, 1996.

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 August 27, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: June 3, 1996.

Jane S. Moore,

Regional Administrator.

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. 7401-7671q.

Subpart C--Alaska

2. Section 52.82 is revised to read as follows:

Sec. 52.82 Extensions.

The Administrator, by authority delegated under section 186(a)(4)

of the Clean Air Act, as amended in 1990, hereby extends for one year

(until December 31, 1996) the attainment date for the MOA, Alaska CO

nonattainment area.

[FR Doc. 96-16156 Filed 6-27-96; 8:45 am]

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