Clean Air Act Reclassification; Anchorage, Alaska Nonattainment Area; Carbon Monoxide

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[AK 19-1707; FRL-6108-6]

Clean Air Act Reclassification; Anchorage, Alaska Nonattainment

Area; Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document EPA is making a final finding that the

Anchorage, Alaska, carbon monoxide (CO) nonattainment area has not

attained the CO national ambient air quality standards (NAAQS) under

the Clean Air Act Amendments of 1990 (CAA). The CO nonattainment

occurred after Anchorage received a one year extension to December 31,

1996 from the mandated attainment date of December 31, 1995 for

moderate nonattainment areas. This finding is based on EPA's review of

monitored air quality data for compliance with the CO NAAQS. As a

result of this finding, the Anchorage CO nonattainment area is

reclassified as a serious CO nonattainment area by operation of law. As

a result of the reclassification, the State is to submit within 18

months from the effective date of this action a new State

Implementation Plan (SIP) demonstrating attainment of the CO NAAQS as

expeditiously as practicable but no later than December 31, 2000, the

CAA attainment date for serious areas.

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Montel Livingston, Office of Air

Quality, U.S. EPA, Region 10, Seattle, Washington, 98006, telephone

(206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and

Classifications

The CAA Amendments were enacted on November 15, 1990. Under section

107(d)(1)(C) of the CAA, each CO area designated nonattainment prior to

enactment of the 1990 Amendments, such as the Anchorage nonattainment

area, was designated nonattainment by operation of law upon enactment

of the 1990 Amendments. Under section 186(a) of the CAA, each CO area

designated nonattainment under section 107(d) was also classified by

operation of law as either ``moderate'' or ``serious'' depending on the

severity of the area's air quality problem. CO areas with design values

between 9.1 and 16.4 parts per million (ppm), such as the Anchorage

nonattainment area, were classified as moderate. These nonattainment

designations and classifications were codified in 40 CFR part 81. See

56 FR 56694 (November 6, 1991).

States containing areas that were classified as moderate

nonattainment by operation of law under section 107(d) were required to

submit SIPs designed to attain the CO NAAQS as expeditiously as

practicable but no later than December 31, 1995.1

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\1\ The moderate area SIP requirements are set forth in section

187(a) of the CAA and differ depending on whether the area's design

value is below or above 12.7 ppm. The Anchorage area has a design

value above 12.7 ppm. 40 CFR 81.302.

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B. Effect of Reclassification

CO nonattainment areas reclassified as serious are required to

submit, within 18 months of the area's reclassification, SIP revisions

providing for attainment of the CO NAAQS as expeditiously as

practicable but no later than December 31, 2000. In addition, the State

must submit a SIP revision that includes: (1) a forecast of vehicle

miles traveled (VMT) for each year before the attainment year and

provisions for annual updates of these forecasts; (2) adopted

contingency measures; and (3) adopted transportation control measures

and strategies to offset any growth in CO emissions from growth in VMT

or number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A),

187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date

of this reclassification, contingency measures in the moderate area

plan for the Anchorage nonattainment area must be implemented.

The reclassification to serious does not mean that CO pollution

levels in Anchorage are getting worse. In Anchorage, CO levels have

dropped by more than 50% since the early 1980's. Reclassification to

serious allows additional planning time to develop control strategies

to meet the CO NAAQS because Anchorage failed to attain the CO standard

by the end of its extension date, December 31, 1996.

C. Attainment Determinations for CO Nonattainment Areas

EPA makes attainment determinations for CO nonattainment areas

based upon whether an area has two years (or eight consecutive

quarters) of clean air quality data.2 Section 179(c)(1) of

the CAA states that the attainment determination must be based upon an

area's ``air quality as of the attainment date.''

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\2\ See generally memorandum from Sally L. Shaver, Director, Air

Quality Strategies and Standards Division, EPA, to Regional Air

Office Directors, entitled ``Criteria for Granting Attainment Date

Extensions, Making Attainment Determinations, and Determinations of

Failure to Attain the NAAQS for Moderate CO Nonattainment Areas,''

October 23, 1995 (Shaver memorandum).

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EPA determines a CO nonattainment area's air quality status in

accordance with 40 CFR 50.8 and EPA policy. 3 EPA has

promulgated two NAAQS for CO: an 8-hour average concentration and a 1-

hour average concentration. Because there were no violations of the 1-

hour standard in the Anchorage nonattainment area, this document

addresses only the air quality status of the Anchorage nonattainment

area with respect to the 8-hour standard. The 8-hour CO NAAQS requires

that not more than one non-overlapping 8-hour average in any

consecutive two-year period per monitoring site can exceed 9.0 ppm

(values below 9.5 are rounded down to 9.0 and they are not considered

exceedances). The second exceedance of the 8-hour CO NAAQS at a given

monitoring site within the same two-year period constitutes a violation

of the CO NAAQS.

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\3\ See memorandum from William G. Laxton, Director Technical

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

Calculations,'' June 18, 1990. See also Shaver memorandum.

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D. Proposed Finding of Failure to Attain

On December 2, 1997 (62 FR 63687), EPA proposed to find that the

Anchorage CO nonattainment area had failed to attain the CO NAAQS by

December 31, 1996, the CO attainment extension date. Anchorage did not

have two consecutive years of CO data without violations of the CO

NAAQS. This proposed finding was based on air quality data showing

three violations of

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the CO NAAQS during 1996. For the specific data considered by EPA in

making this proposed finding, see 62 FR 63687.

E. Reclassification to a Serious Nonattainment Area

EPA has the responsibility, pursuant to sections 179 (c) and 186

(b)(2) of the CAA, for determining whether the Anchorage CO

nonattainment area attained the CO NAAQS by December 31, 1995. Under

section 186(b)(2)(A), if EPA finds that the area has not attained the

CO NAAQS, the area is reclassified as serious by operation of law.

There were three CO violations recorded in 1996. Additional control

strategies are needed to further reduce CO concentrations in order to

attain the CO standard. Pursuant to section 186(b)(2)(B) of the Act,

EPA is publishing this notice to identify the Anchorage area as failing

to attain the standard and therefore reclassified as serious by

operation of law.

II. Response to Comments on Proposed Finding

During the public comment period on EPA's proposed finding, EPA

received several comments. Below is EPA's response to all significant

comments received.

Commenter: A commenter objected to the serious classification

because good efforts have been made, and continue to be made, to attain

the standards. Given the cold temperature environmental conditions

which cause the elevated concentrations and the fact that the required

90% reduction in emissions from automobiles has not been achieved, the

commenter believes additional time to attain the standard is necessary.

Response: EPA's actions are following the schedule and specific

requirements imposed by Congress in the CAA. Additional time to attain

the CO standard is allowed upon reclassification to serious. Under the

CAA of 1990, the attainment date for a serious CO nonattainment area

becomes December 31, 2000. The new attainment date of December 31, 2000

authorizes more time for Anchorage, together with ADEC, to devise an

air quality control plan which will include additional control measures

for attaining the CO standard.

EPA recognizes the progress Anchorage has achieved thus far toward

improving air quality and decreasing the ambient levels of CO.

Anchorage implements two basic air quality control measures, a

decentralized inspection/maintenance program and an oxygenated gasoline

program. However, because Anchorage failed to attain the CO NAAQS

within the specified time frame allowed by the CAA, Congress mandated

reclassification under section 186(b) of the CAA in specific

circumstances once EPA determines the area has failed to meet the CO

NAAQS.

The same commenter also raised another issue and stated that cold

temperature certified cars will affect fleet emissions, without

requiring unnecessary control programs.

Response: While EPA agrees that technology in new cars is expected

to reduce emissions, the deadlines mandated by Congress in the CAA do

not provide the flexibility to delay this action until older model cars

are replaced. Fleet turnover in Anchorage to newer, cleaner cars is

factored into mobile models for purposes of projecting and

demonstrating attainment of the CO NAAQS. But because fleet turnover in

Anchorage to newer, cleaner cars is a phased-in process over several

years, additional control strategies must be planned for within the

allowable CAA time frame to ensure clean air and protect the public's

health from exposure to CO in ambient air. The CAA requires, under a

serious reclassification, that additional control measures be adopted

and implemented for inclusion into the SIP within 18 months of

reclassification.

Commenter: A commenter stated that Anchorage has worked hard to

achieve federal clean air standards for CO and remains committed to

improving air quality. They believe this reclassification sends a

counterproductive message to a community that has made a significant

and largely successful effort to solve this problem. There are

conditions that are unique to our sub-arctic environment that

contribute to the CO problem, such as extraordinarily strong and

persistent temperature inversions. Another aspect of our problem that

needs further investigation and review is how cold climate affects

driver behavior and consequent CO emissions.

Response: EPA's reclassification of Anchorage allows additional

planning time to carry out wintertime research which will result in a

better understanding and characterization of the CO problem in

Anchorage. Projects will be underway in Anchorage during the winter of

1998-99 which have a goal of quantifying impacts that motor vehicle

cold start emissions have on the overall emissions inventories. These

projects will include enhanced CO air monitoring as well as observation

and documentation of driver behavior in Anchorage. EPA supports these

projects and continues to work with Anchorage and the State in their

development of an air quality plan to meet the CO air quality standard

by December 31, 2000, the new attainment deadline.

Stagnation and inversions are frequent climatological occurrences

that must be considered in evaluating whether a control program is

adequate to attain and maintain the NAAQS. Meteorological events such

as these are almost never accepted as justification for waiving the

NAAQS. Because inversions are expected to occur frequently and are part

of normal weather patterns, they are not considered special events

warranting exemptions from reclassification. In some parts of the

United States, stagnation episodes usually persist for an extended

period of time, and they can affect an entire air basin. While

stagnations may not occur frequently, they are not uncommon; therefore,

they are not considered sufficiently exceptional to waive application

of the NAAQS.

The national CO standard is a health-based standard and is intended

to provide an adequate margin of safety in the nonattainment area,

recognizing the wide range of human susceptibility to CO exposure.

Young infants, pregnant women, the elderly, and people with

cardiovascular disease or emphysema are likely to be more susceptible

to the health impacts from CO. Carbon monoxide can also impact mental

function, vision, and alertness in healthy people, even at relatively

low concentrations.

Commenter: A commenter stated that while air quality modeling

combined with limited monitoring is the accepted means for determining

the status of attainment versus nonattainment, he questions the

conclusion that the area is in serious nonattainment when marginal

exceedances of the 8 hour limit occur at select monitoring sites on a

very infrequent basis. The commenter disagrees that the monitoring

information portrays the area as nonattainment because it is not

indicative of the area's air quality, which is the standard to be met.

EPA response. The action today is based on data measured by a

monitoring network that was established to demonstrate attainment of

the CO NAAQS. Two monitors in the immediate vicinity of major

signalized road intersections and several businesses, the Spenard and

Benson site and the Seward Highway and Benson site, have each recorded

exceedances of the CO NAAQS three times in 1996. The 8-hour CO readings

ranged from 10.1 ppm to 9.5 ppm. The CO national standard is 9 ppm (35

ppm for 1 hour),

[[Page 32130]]

and these standards have been developed to protect the public's health

from exposure to CO in ambient air. More recently (early 1998), the

Garden neighborhood monitoring site has shown high CO concentrations.

These three permanent monitoring sites are part of a four site ``State

and Local Air Monitoring Stations'' (SLAMS) CO monitoring network

designed by the State to provide measurements that represent ambient

air quality. The network provides a profile of high level, and

potentially maximum, CO levels. Particular monitoring locations in the

network have been established for site placement to meet the following

SLAMS objectives:

To measure the highest concentrations within the area.

To measure representative concentrations within areas

where population density is high.

To measure the impact on ambient pollution levels of

significant sources.

If any monitor within the network violates the CO NAAQS, an

appropriate area, which includes the site, is defined as a

``nonattainment area.'' So although we agree with the commenter that

the national standard was violated at specific locations on a small

number of days, this situation does in fact describe a nonattainment

condition.

The CO NAAQS is defined to protect human health and welfare. The

goal of achieving the CO NAAQS standard applies to all locales,

regardless of population density. Data from monitoring sites are the

only available measure of air quality and it is maintained by use of an

adequate quality assurance program. Thus, careful attention is given to

the data within the monitoring network with respect to possibly harmful

pollutant concentrations.

III. Today's Action

EPA is today taking final action to find that the Anchorage

nonattainment area did not attain the CO NAAQS after it received a one

year extension to December 31, 1996 from the mandated attainment date

of December 31, 1995, the CAA attainment date for moderate CO

nonattainment areas. As a result of this finding, the Anchorage

nonattainment area is reclassified by operation of law as a serious CO

nonattainment area as of the effective date of this document. This

finding is based upon air quality data showing exceedances of the CO

NAAQS during 1996. As a result of the reclassification, the State is to

submit within 18 months from the effective date of this action a new

SIP demonstrating attainment of the CO NAAQS as expeditiously as

practical but no later than December 31, 2000, the CAA attainment date

for serious areas.

IV. Executive Order (E.O.) 12866, ``Regulatory Planning and

Review''

Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to

determine whether regulatory actions are significant and therefore

should be subject to OMB review, economic analysis, and the

requirements of the Executive Order. The Executive Order defines a

``significant regulatory action'' as one that is likely to result in a

rule that may meet at least one of the four criteria identified in

section 3(f), including, under paragraph (1), that the rule may ``have

an annual effect on the economy of $100 million or more or adversely

affect, in a material way, the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities''.

The Agency is making final the proposed determinations found in

EPA's action published on December 2, 1997 (62 FR 63687) that the

finding of failure to attain results in none of the effects identified

in section 3(f) and finalize the proposed determinations found in

EPA's.

Under section 186(b)(2) of the CAA, findings of failure to attain

and reclassification of nonattainment areas are based upon air quality

considerations and must occur by operation of law in light of certain

air quality conditions. They do not, in and of themselves, impose any

new requirements on any sectors of the economy. In addition, because

the statutory requirements are clearly defined with respect to the

differently classified areas, and because those requirements are

automatically triggered by classifications that, in turn, are triggered

by air quality values, findings of failure to attain and

reclassification cannot be said to impose a materially adverse impact

on State, local, or tribal governments or communities.

This final action is not subject to E.O. 13045, entitled

``Protection of Children from Environmental Health risks and Safety

Risks,'' because it is not an ``economically significant'' action under

E.O. 12866.

V. 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. As discussed in section IV of this document, findings of

failure to attain and reclassification of nonattainment areas under

section 186(b)(2) of the CAA do not in-and-of-themselves create any new

requirements. Therefore, I certify that today's action does not have a

significant impact on small entities.

VI. Unfunded Mandates Act

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 believes, for reasons discussed above and as part of EPA's

proposed determinations published on December 2, 1997 (62 FR 63687),

that the finding of failure to attain and reclassification of the

Anchorage nonattainment area are factual determinations based upon air

quality considerations and must occur by operation of law and, hence,

do not impose any Federal intergovernmental mandate, as defined in

section 101 of the Unfunded Mandates Act.

VII. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

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List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations.

Dated: May 29, 1998.

Chuck Clarke,

Regional Administrator, Region 10.

For the reasons set forth in the preamble, 40 CFR part 81 is

amended as follows:

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.302, the table for ``Alaska-Carbon Monoxide'' is

amended for the Anchorage area by revising the entry for the Anchorage

area to read as follows:

Sec. 81.302 Alaska.

* * * * *

Alaska-Carbon Monoxide

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Designation Classification

Designated area --------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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* * * * * *

*

Anchorage Area:

Anchorage Election District ........... Nonattainment......... July 13, 1998......... Serious.

(part) Anchorage

nonattainment area

boundary.

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*

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\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 98-15447 Filed 6-11-98; 8:45 am]

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