Approval and Promulgation of Implementation Plans: Alaska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK10-1-7022a; FRL-6162-9]

Approval and Promulgation of Implementation Plans: Alaska

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving a revision

to the mobile source portion of the 1990 Base Year carbon monoxide(CO)

emission inventory of the Anchorage and Fairbanks, Alaska, State CO

Implementation Plan. The previous inventory used the MOBILE 4.1 model;

the revised inventory estimates use a newer version of the model,

MOBILE 5.0a.

DATES: This direct final rule is effective on November 23, 1998 without

further notice, unless EPA receives adverse comment by October 23,

1998. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Montel Livingston

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

EPA, 1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street SW, Washington,

D.C. 20460. Copies of material submitted to EPA may be examined during

normal

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

Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101, and the

Alaska Department of Environmental Conservation, 410 Willoughby, Room

105, Juneau Alaska.

FOR FURTHER INFORMATION CONTACT: Joan Cabreza, Environmental Scientist,

Office of Air Quality (OAQ-107), EPA Region 10, 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553-8505.

SUPPLEMENTARY INFORMATION:

I. Background

On March 1, 1991, the Alaska Department of Environmental

Conservation (ADEC) recommended to EPA that the Anchorage and Fairbanks

areas be designated nonattainment areas for CO as required by section

107(d)(1)(A) of the Clean Air Act Amendments (the Act) of 1990 (Pub. L.

101-549, 104 stat. 2399, codified at 42 U.S.C. 7401-7671q). Under the

Act, states are responsible for conducting an inventory, tracking

emissions contributing to nonattainment, and ensuring that control

strategies are implemented that reduce emissions and move areas toward

attainment. Section 1879(a)(1) of the Act requires CO nonattainment

areas to submit a base year inventory that represents actual emissions

in the CO season, and that includes stationary point, stationary area,

on-road mobile and non-road mobile sources. This inventory is the

primary inventory from which other periodic and modeling inventories

are derived.

On February 11, 1997, EPA approved the 1990 base year CO emission

inventory for the Anchorage and Fairbanks, Alaska, SIP submitted by

ADEC on December 29, 1993. Emission estimates for on-road sources are

obtained by use of a model called MOBILE, and this submission used

MOBILE 4.1 to estimate the emissions submitted. An upgraded MOBILE

model, MOBILE 5.0a, was subsequently released, which ADEC then used to

revise its emissions estimates. On December 1, 1994, ADEC submitted a

revision to the inventory, based on the results of the new model run.

Compared to MOBILE 4.1, MOBILE 5.0a incorporates several new options,

calculating methodologies, emission factor estimates, emission control

regulations, and internal program designs.

There are no transportation conformity implications to this action.

II. Today's Action

The EPA is approving the December 1, 1994, revision to the mobile

source portion of the state carbon monoxide emission inventory for the

Anchorage and Fairbanks State Implementation Plans.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective November 23,

1998 without further notice unless the Agency receives adverse comments

by October 23, 1998.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Parties interested in commenting

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

is advised that this rule will be effective on November 23, 1998 and no

further action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866 and 13045

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under E.O. 12866, entitled, ``Regulatory

Planning and Review''.

The final rule 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.

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

Act 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 Act,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

Act 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

annual 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 annual costs of $100

million or more to either 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 Comptroller General

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 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

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``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 November 23, 1998. 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).

F. Alaska's Audit Law

Nothing in this action should be construed as making any

determination or expressing any position regarding Alaska's audit

privilege and penalty immunity law, Alaska Audit Act, AS 09.25.450 et

seq. (enacted in 1997) or its impact upon any approved provision in the

SIP, including the revision at issue here. The action taken herein does

not express or imply any viewpoint on the question of whether there are

legal deficiencies in this or any other Clean Air Act program resulting

from the effect of Alaska's audit privilege and immunity law. A state

audit privilege and immunity law can affect only state enforcement and

cannot have any impact on federal enforcement authorities. EPA may at

any time invoke its authority under the Clean Air Act, including, for

example, sections 113, 167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state plan, independently of any

state enforcement effort. In addition, citizen enforcement under

section 304 of the Clean Air Act is likewise unaffected by a state

audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

Note: Incorporation by reference of the Implementation Plan for

the state of Alaska was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: September 4, 1998.

Randall F. Smith,

Acting Regional Administrator, Region 10.

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 et seq.

Subpart C--Alaska

2. Section 52.76 is amended by designating the existing text as

paragraph (a) and adding a paragraph (b) to read as follows: Sec. 52.76

1990 Base Year Emission Inventory

* * * * *

(b) EPA approves a revision to the Alaska State Implementation

Plan, submitted on December 5, 1994, of the on-road mobile source

portion of the 1990 Base Year Emission Inventory for Carbon Monoxide in

Anchorage and Fairbanks.

[FR Doc. 98-25318 Filed 9-22-98; 8:45 am]

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