Clean Air Act Approval and Promulgation of Carbon Monoxide Implementation Plan for the State of Alaska: Anchorage and Fairbanks Emission Inventory

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK14-7102a; FRL-5686-2]

Clean Air Act Approval and Promulgation of Carbon Monoxide

Implementation Plan for the State of Alaska: Anchorage and Fairbanks

Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the 1990 base year carbon monoxide (CO)

emission inventory portion of the Anchorage and Fairbanks, Alaska CO

State Implementation Plan (SIP) submitted on December 29, 1993, by the

State of Alaska Department of Environmental Conservation (ADEC) for the

purpose of bringing about the attainment of the national ambient air

quality standard (NAAQS) for CO. Also, ADEC submitted the required

Periodic Update to its 1990 base year CO emission inventory on

September 27, 1996.

DATES: This action is effective on April 14, 1997 unless adverse or

critical comments are received by March 13, 1997. If the effective date

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

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,

Seattle, Washington 98101.

Copies of material submitted to EPA may be examined during normal

business hours at the following locations: EPA, Region 10, Office of

Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101,

and Alaska Department of Environmental Conservation, 410 Wiloughby

Ave., Room 105, Juneau, Alaska.

FOR FURTHER INFORMATION CONTACT: John Pavitt, EPA Region 10, Alaska

Operations Office (AOO/A), 222 W. 7th Avenue, Box #19, Anchorage, AK

99513-7588, (907) 271-5083.

SUPPLEMENTARY INFORMATION:

I. Background

In a letter dated March 1, 1991 to the EPA Region 10 Administrator,

the Governor of Alaska recommended the Anchorage and Fairbanks areas be

designated as nonattainment for CO as required by section 107(d)(1)(A)

of the 1990 Clean Air Act Amendments (CAAA or the Act) (Pub. L. 101-

549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The areas,

which include lands within the Municipality of Anchorage and the

Fairbanks North Star Borough, were designated nonattainment and

classified as ``moderate'' under the provisions outlined in sections

186 and 187 of the CAA. (See 56 FR 56694, November 6, 1991, codified at

40 CFR part 81, Sec. 81.302.)

Because the Anchorage area had a design value of 13.1 ppm (based on

1989 data), it was classified as ``moderate > 12.7 ppm'' (moderate

plus). Because the Fairbanks area had a design value of 10.4 (based on

1989 data), it was classified as ``moderate 12.7

ppm are required to submit an attainment demonstration plan by November

15, 1992 that demonstrates attainment by December 31, 1995 (187(a)(7)).

To make the attainment demonstration, base year and projected modeling

inventories are needed. The base year inventory is the primary

inventory from which the periodic and modeling inventories are derived.

Further information on these inventories and their purpose can be found

in the document ``Emission Inventory Requirements for Carbon Monoxide

State Implementation Plans,'' EPA, Office of Air Quality Planning and

Standards, Research Triangle Park, North Carolina, March 1991.

II. Today's Action

The EPA is approving the carbon monoxide (CO) base year 1990

emission inventory submitted to EPA on December 29, 1993, based on the

Level I, II, and III review findings.

III. Review of State Submittal

A. The Level I and II review process is used to determine that all

components of the base year inventory are present. The review also

evaluates the level of supporting documentation provided by the State

and assesses whether the emissions were developed according to current

EPA guidance. Alaska's inventory satisfies both Level I and Level II

requirements. The Level III review process is outlined here and

consists of 9 points that the inventory must include. For a base year

emission inventory to be acceptable it must pass all of the following

acceptance criteria:

1. An approved Inventory Preparation Plan (IPP) must be provided

and the Quality Assurance (QA) program

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contained in the IPP must be performed and its implementation

documented.

2. Adequate documentation must be provided that enables the

reviewer to determine the emission estimation procedures and the data

sources used to develop the inventory.

3. The point source inventory must be complete.

4. Point source emissions inventory must have been prepared or

calculated according to the current EPA guidance.

5. The area source inventory must be complete.

6. The area source emissions inventory must have been prepared or

calculated according to the current EPA guidance.

7. The method (e.g., Highway Performance Modeling System or a

network transportation planning model) used to develop vehicle miles

traveled (VMT) estimates must follow EPA guidance. The VMT development

methods must be adequately described and documented in the inventory

report.

8. The MOBILE model must be correctly used to produce emission

factors for each of the vehicle classes.

9. Non-road mobile emissions inventory must be prepared according

to current EPA guidance for all of the source categories.

B. The EPA is approving this emission inventory as meeting the

requirements of section 187(a)(1) of the Act. The reasons why this

submittal meets the Level III criteria are discussed below.

Initially, EPA subjected the Alaska State CO emission inventory to

a rigorous review. This review pointed out various deficiencies in the

inventory. In their updates to the original emissions inventory

submitted on August 27, 1992 (Anchorage) and November 11, 1992

(Fairbanks), ADEC corrected these deficiencies. Corrections were made

and submitted on December 29, 1993 and December 1, 1994. The December

1, 1994 submittal was primarily an update to mobile sources emission

estimates, replacing model Mobile 4.1 with Mobile 5.0a, which is the

EPA approved model consistent with CAAA requirements and transporation

conformity regulations.

1. Inventory Preparation Plan. Alaska submitted a final Inventory

Preparation Plan (IPP) and accompanying final Quality Assurance Plan

which satisfied the EPA's requirements, and which were approved in

January 1992.

2. Quality assurance. Throughout the emissions inventory, ADEC

provides documentation of quality assurance. For each source category,

ADEC identifies the methodology employed. Where ADEC methods deviate

from EPA suggested procedures, the rationale for the alternate method

is noted. For each CO source category, ADEC provides the reference from

which it excerpted information. When needed, projection equations are

provided to show emission amounts beyond the base year.

3. Point Source Inventory. ADEC's point source inventory identifies

sources whose emissions exceed 10 tons per year of carbon monoxide.

There are four CO point sources in the Anchorage nonattainment area and

nine in the Fairbanks nonattainment area. The dominant industry with CO

point sources for both nonattainment areas is electric utility power

generation. While natural gas is the primary fuel used in Anchorage, it

is not available in Fairbanks.

To compile the point source inventory, ADEC reviewed emission and

fuel use information available from state air operating permits, and

information supplied by permitted facilities through operating reports

required to be submitted to ADEC. In addition, ADEC contacted Anchorage

and Fairbanks area fuel distributors to identify any sources not

already issued an operating permit capable of emitting more than 10

tons per year of carbon monoxide. There were no such sources.

ADEC reports that point source emissions for 1990 are 2.35 tons per

day for Anchorage and 6.06 tons per day for Fairbanks.

4. Area Source Inventory. ADEC submitted a complete inventory for

CO area sources divided into the following categories: natural gas

combustion (Anchorage only) fuel oil combustion, coal combustion,

propane combustion (Fairbanks only), wood combustion, industrial

equipment, solid waste incineration, and open burning/structural fires.

The largest contributor to CO emissions in both nonattainment areas was

wood burning. Emissions for each source category (except as noted

above) are calculated for the two nonattainment areas. The inventory

provides a discussion per category, and displays equations that were

used to develop emissions estimates. Sources of information are

provided as needed. In some cases, ADEC's methodology differs from

EPA's recommended procedures. When this occurs, ADEC notes the reason

for the difference. Usually, ADEC uses data tailored to the local or

state area rather than using the national equations or factors. Area

source totals for 1990 were 4.96 tons per winter day within the

Anchorage CO nonattainment area, and 12.99 tons per day for the

Fairbanks CO nonattainment area.

5. Vehicle Miles Traveled (VMT). In Fairbanks, the Alaska

Department of Transportation and Public Facilities (ADOT&PF) used a

combination of actual 1990 traffic count data and QRS2 modeling results

for 1990 to provide VMT and travel-weighted speed estimates for each

roadway functional class. Traffic counts were obtained from both the

Highway Performance Monitoring System (HPMS) and additional sampling

locations operated by ADOT&PF. ADOT&PF estimated VMT during an average

winter weekday in Fairbanks to be 1,296,041. In Anchorage, the

Municipality used MinUTP modeling results for 1990 to provide travel-

weighted speed data and VMT for each roadway functional class,

generating HPMS-equivalent estimates (based on ADOT&PF guidance). The

Municipality estimated VMT during an average winter weekday in

Anchorage to be 2,854,000.

The VMT development methods were adequately described and

documented in the SIP and satisfy EPA's requirements. (See 60 FR 33727,

June 19, 1995.)

6. Use of the Mobile Model. The Mobile 4.1 model was used in the

original 1992 submittal to EPA, being then the most recent emission

factor model, and was retained for the revised 1993 submittal for

consistency. In December 1994, ADEC revised the mobile source emission

estimates by substituting Mobile 5.0a for Mobile 4.1. Today's approval

is based on the December 29, 1993 submittal using Mobile 4.1.

The model was correctly used to produce emission factors for each

of the eight separate vehicle classes. Inputs specific to Anchorage and

Fairbanks during the base year were used in the model: operating mode

fractions (cold/hot/stabilized) =65%/0%/35%; VMT for motorcycles =0%;

anti-tampering program in place; compliance rate =91% (Anchorage) and

96% (Fairbanks); annual inspection; decentralized I/M program, etc. A

default value was used for the tampering rate. Quality Assurance is

provided within the on-road discussion, and methodologies used to

determine each of the input variables were presented. On-road mobile

sources are 149.99 tons per day for Anchorage and 80.83 tons per day

for Fairbanks.

7. Non-road Inventory. ADEC describes each category and the

methodology employed. When ADEC's methodology deviates from EPA

guidance, it is usually because ADEC uses numbers reflective of local

scenarios as opposed to national averages. Assumptions, equations, and

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sources are noted per source category. Major non-road contributors are

aircraft, snowmobiles and railroad sources. Nonroad totals are 13.73

tons per day for Anchorage, and 5.40 tons per day for Fairbanks.

C. Procedural background. The Act requires States to observe

certain procedural requirements in developing emission inventory

submissions to EPA. Section 110(a)(2) of the Act requires that each

emission inventory submitted by a State has to be adopted after

reasonable notice and public hearing.1 CO nonattainment areas with

design values greater than 12.7 ppm must submit the entire SIP

(emissions inventories, attainment demonstrations, and control

strategies) by November 15, 1992, and EPA expects the emissions

inventories to have gone through the public hearing process as part of

the full CO SIP.2

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\1\ Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

\2\ Memorandum from John Calcagni, Director, Air Quality

Management Division, and William G. Laxton, Director, Technical

Support Division, to Regional Air Division Directors, Region I-X,

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992.

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The State of Alaska held numerous public meetings in Anchorage and

Fairbanks in 1992 to entertain public comment on air quality control

plans, including the 1990 base year emission inventories for the

Anchorage and Fairbanks Carbon Monoxide Nonattainment Areas. In both

areas, local transportation planning boards (Fairbanks Metropolitan

Area Transportation Study (FMATS) and Anchorage Metropolitan Area

Transportation Study (AMATS)), including citizen advisory committees,

reviewed and took public comment on the control plans and inventories.

In 1992, following the public meetings, the Anchorage Assembly and the

Fairbanks North Star Borough adopted their respective air quality

control plans and inventories. The CO Emission Inventory was submitted

to EPA on December 29, 1993 as a proposed revision to the SIP.

IV. Implications of Today's Action

The EPA is approving the Alaska carbon monoxide emission inventory

submitted the Alaska SIP on December 29, 1993. The State has submitted

a complete inventory containing point, area, on-road, and non-road

mobile source data, and documentation. Emissions for these groupings

are presented in the following table:

------------------------------------------------------------------------

Daily emissions

(tons/day)

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Emission category Base year Base year

1990 1990

Anchorage Fairbanks

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Point sources..................................... 2.35 6.06

Area sources...................................... 4.96 12.99

Non-road mobile sources........................... 13.73 5.40

On-road mobile sources............................ 149.99 80.83

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Total....................................... 171.03 105.28

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This inventory is complete and approvable according to the criteria

set out in the November 12, 1992 memorandum from J. David Mobley, Chief

Emission Inventory Branch, Technical Support Document (TSD) to G. T.

Helms, Chief Ozone/Carbon Monoxide Programs Branch, AQMD.

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 April 14, 1997 unless, by March 13, 1997, 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 document 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 April 14, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

V. Administrative Review

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. 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).

C. Unfunded Mandates

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 the approval action does not include a

Federal mandate that may result in estimated costs of $100 million or

more to either

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State, local, or tribal governments in the aggregate, or to the private

sector. This Federal action approves pre-existing requirements under

State or local law, and imposes no new requirements. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 April 14, 1997. 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: January 28, 1997.

Chuck Clarke,

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 52.76 is added to read as follows:

Sec. 52.76 1990 Base Year Emission Inventory.

EPA approves as a revision to the Alaska State Implementation Plan

the 1990 Base Year Carbon Monoxide Emission Inventory for the Anchorage

and Fairbanks areas designated as nonattainment for CO, submitted by

the Alaska Department of Environmental Conservation on December 29,

1993. This submittal consists of the 1990 base year stationary, area,

non-road mobile, and on-road mobile sources for the pollutant carbon

monoxide.

[FR Doc. 97-3363 Filed 2-10-97; 8:45 am]

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