Approval and Promulgation of Implementation Plans: Alaska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK-20-1708a; FRL-5974-9]

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 revisions

to the Alaska State Implementation Plan (SIP) submitted October 31,

1997. This revision consists of amendments to Fuel Requirements for

Motor Vehicles, title 18, chapter 53 of the Alaska Administrative Code

(18 AAC 53) regarding the use of oxygenated fuels.

DATES: This action is effective on May 11, 1998 unless adverse or

critical comments are received by April 10, 1998. 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. 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 business hours at the following

locations: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue

(OAQ-107), Seattle, Washington 98101, and the Alaska Department of

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

99801.

FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality

(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1388.

SUPPLEMENTARY INFORMATION:

I. Background

On March 24, 1994, EPA approved amendments to the Alaska Oxygenated

Gasoline Requirements section of 18 AAC 53 (see 60 FR 54435; 61 FR

24712).

ADEC recently reworked 18 AAC 53, Fuel Requirements for Motor

Vehicles, in an effort to simplify the regulations and make them easier

to understand. Following public review, the revised chapter was

submitted to EPA on October 31, 1997 for approval and incorporation

into the SIP. This revision is the subject of today's action.

II. Summary of Action

EPA is approving revisions to Fuel Requirements for Motor Vehicles

(18 AAC 53) and incorporating the updated chapter into the Alaska SIP

as a replacement for the existing chapter. Sections 18 AAC 53.50, .110,

and .180 are repealed as these subjects have been condensed and

incorporated into other sections. EPA fully supports ADEC efforts to

streamline and clarify these regulations. The revised regulations are

written in plain language so as to be easier for the public and

regulated community to understand. These changes are expected to

clarify the requirements of the program.

The revised chapter does not contain substantive changes that

affect the requirements of this control measure or its stringency. Most

of the modifications are administrative, dealing with phrasing,

sentence structure, and terminology. Some changes clarify procedures

and requirements. Some dates and deadlines are adjusted to assist the

state and regulated community in fulfilling their responsibilities. The

authorities for this chapter have also been modified to reflect

revisions in the Alaska Administrative Code.

The following are the types of administrative changes made

throughout the revised chapter.

1. Removing references to years past;

2. Streamlining overly complicated sentences and paragraphs;

3. Reorganizing text for better sequence of information and

requirements;

4. Removing redundancy;

5. Explicitly stating expectations;

6. Eliminating duplicate and potentially confusing terminology.

In addition to the administrative changes detailed above, the new

chapter revises some aspects of program implementation. Examples of

these include:

1. New dispenser labeling specifications.

The label must state the maximum oxygen content by volume in

addition to the minimum. The label may be placed anywhere on the upper

two-thirds of the dispenser, instead of just the upper half previously

specified. The aircraft label warning must contain a different, but

similar sentence.

2. Change in public notice for the beginning of a control period

and the expansion of a control area.

The department must now notify the public at least 180 days in

advance of the beginning of a control period, instead of 75. It must

now notify the public at least 180 days before the expansion of a

control area.

3. More precise definition of control period.

A control period lasts from November 1 through midnight the

following March 1, eliminating any ambiguity on the end date.

4. More exact time frame for oxygenated fuel requirements.

Control Area Responsible parties (CAR) must adhere to oxygen

requirements for fuel dispensed within a control area beginning five

days before the control period begins, ending on midnight of the last

day.

5. Adjustments in CAR preliminary permit fees, registration fees,

and refund dates

The $100.00 CAR registration fee must be paid every year, rather

than just the first year of operating in a control area. For new CARs,

the preliminary permit fee will be based on the total number of gallons

estimated to be sold by the CAR within the control area during the

control period. The department will refund any difference between the

actual fee due and the preliminary permit fee by July 15, rather than

June 15. The department will refund fees in excess of what is required

to run the program by July 15, rather than June 15.

The EPA is publishing this action without prior proposal because

the Agency views it as a noncontroversial amendment which makes non-

substantive changes to the SIP and anticipates no adverse comments.

However, in a separate document in this Federal Register publication,

EPA is proposing to approve the SIP revision should adverse or critical

comments be filed. This action will be effective May 11, 1998 unless,

by April 10, 1998, 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

[[Page 11840]]

is advised that this action will be effective May 11, 1998.

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.

III. Administrative Requirements

A. Executive Order 12866

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 promulgated 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. 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 amended 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 May 11, 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).

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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements.

Dated: February 18, 1998.

Chuck Clarke,

Regional Administrator, EPA 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 52.70 is amended by adding paragraph (c)(27) to read as

follows:

Sec. 52.70 Identification of plan.

* * * * *

(c) * * *

(27) On October 31, 1997, ADEC submitted revisions to Fuel

Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska

Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.

(i) Incorporation by reference.

(A) Title 18, Chapter 53, Alaska Administrative Code (AAC), Fuel

Requirements for Motor Vehicles, adopted October 31, 1997 (Article 1,

18 AAC 53 .005, .007, .010, .015, .020, .030, .035, .040, .045, .060,

.070, .080, .090, .100, .105, .120, .130, .140, .150, .160, .170, .190;

Article 9, 18 AAC 53.990).

[FR Doc. 98-6096 Filed 3-10-98; 8:45 am]

BILLING CODE 6560-50-P