Approval and Promulgation of State Implementation Plans: Alaska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK-21-1709-a; FRL-6412-7]

Approval and Promulgation of State Implementation Plans: Alaska

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves various

amendments to the carbon monoxide (CO) Alaska State Implementation Plan

(SIP) for Alaska. These amendments to the Alaska State Air Quality

Control Plan are contained in three separate submittals to EPA, dated

February 6, 1997, June 1, 1998, and September 10, 1998.

The submittals include revisions to Alaska's Air Quality Control

Regulations (18 AAC 50), Emissions Inspection and Maintenance (I/M)

requirements for Motor Vehicles (18 AAC 52), and Fuel Requirements for

Motor Vehicles (18 AAC 53).

In addition, the revisions include changing the I/M program

schedule for cars subject to I/M from annual to biennial, replacing the

CO contingency measures for Anchorage, updating Alaska's General and

Transportation conformity programs, and streamlining several portions

of the Alaska Air Quality Control Plan for more efficient reading and

organization.

DATES: This direct final rule is effective on November 1, 1999 without

further notice, unless EPA receives adverse comment by October 1, 1999.

If adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform

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the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Ms. 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 Avenue, Suite 105, Juneau, Alaska 99801-1795.

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

Quality (OAQ-107), EPA, Seattle, Washington 98101, (206) 553-0180.

I. SUPPLEMENTARY INFORMATION:

Overview

ADEC submitted three revisions to EPA over the course of two years

for inclusion into its SIP. These revisions amend the I/M program in

Anchorage and Fairbanks, CO contingency measures for Anchorage, various

regulations, and streamline a wide variety of CO air quality plan

descriptions for easier, more organized reading.

The information in this section is organized as follows:

A. What SIP amendments is EPA approving?

B. What are the significant changes to Alaska's CO air quality

control plan?

C. What are the significant changes to Alaska's I/M air quality

program and regulations (AAC 52)?

D. What are the overall changes to Alaska's regulations AAC 50

and 53?

E. What are the effects to Alaska's transportation conformity

program?

A. What SIP Amendments Is EPA Approving?

The following table outlines the revisions EPA received and is

approving in this action:

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

Date of submittal to EPA Items revised

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

2-6-97................................ --Alaska State Air Quality

Control Plan: Volume II,

Section I.

--Alaska State Inspection and

Maintenance Program Manual.

--Biennial Vehicle Inspection

program.

--Revised Rollback Calculation.

6-1-98................................ --Emission Inspection and

Maintenance Requirements.

9-10-98............................... --Alaska State Air Quality

Control Plan: Volume II,

sections II and III.

--Air Quality Control

Regulations 18 AAC 50.

--Fuel Requirements for Motor

Vehicles: Regulations 18 AAC

53.

--Anchorage Carbon Monoxide

Contingency Measures.

--Transportation Conformity.

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

B. What Are the Significant Changes to Alaska's CO Air Quality

Control Plan?

EPA approves a new CO contingency measure for Anchorage

that replaces its past two CO contingency measures.

In the September 10, 1998 submittal from ADEC, ADEC requests EPA's

approval of its new CO contingency measure, an enhanced technician

training certification (TTC) program in Anchorage. The TTC contingency

measure consists of additional local training and certification for

mechanics. The TTC program includes a series of enhanced technician

training modules aimed at competency areas such as electrical theory,

emission control systems, electronic ignitions, fuel injection, on-

board diagnostics, advanced diagnostic tools and procedures, oxygen

sensors, catalytic converters, and the use of current analytical

equipment.

The TTC program helps ensure that mechanics are trained to properly

maintain and repair newer vehicles with advanced technology. It may

also enhance efficiency, which would provide a cost benefit to

consumers.

The TTC program, found in State regulation 18 AAC 52.400-410, was

adopted by the State as a CO contingency measure for Anchorage upon

Anchorage's reclassification to a serious CO nonattainment area. In

addition, the TTC program was already approved by EPA on February 14,

1996 (61 FR 5704) as a CO contingency measure for Fairbanks, Alaska.

The TTC program also becomes the contingency measure for the

vehicle miles traveled (VMT) forecasting and tracking requirement found

in section 187 of the Clean Air Act Amendments of 1990.

The two replaced contingency measures for Anchorage were (1)

compressed natural gas vehicles (CNG) procurement requirements for

government fleets, and, (2) the expansion of the oxygenated fuels

program to the Matanuska-Susitna Valley. Both of these contingency

measures were impractical to initiate upon Anchorage's CO

reclassification to serious.

Using the CNG procurement requirements for government fleets as a

contingency measure was determined unworkable at this time. Major

issues included lack of a refueling infrastructure for CNG vehicles in

and around Anchorage, and there are only selected models available now

which are dedicated CNG vehicles certified to ultra low emission

vehicle standards. The extent of these issues were such that it would

be infeasible to implement the CNG contingency measure in Anchorage and

expect to gain meaningful reductions in emissions.

The second contingency measure was the expansion of the oxygenated

fuels program. With the continued fleet turnover to newer, cleaner

(technologically improved) cars, the information from the oxygenated

fuels program in Anchorage indicates that oxyfuel expansion to the

Matanuska-Susitna Valley was unlikely to provide the benefits

originally projected.

Expanding the oxygenated gasoline control area to the Matanuska-

Susitna Valley was inherently less cost effective than an oxyfuel

requirement in Anchorage. Expanding the requirement to the valley is

less effective because vehicles fueled in the valley spend less time,

on average, traveling in the nonattainment area than those fueled in

Anchorage itself.

Although the benefits of oxygenated gasoline were estimated on the

basis of the best information available at the time, recent MOBILE

model updates have suggested that oxygenated gasoline CO emission

reductions may be overestimated in some cases. Extending the program to

the valley is likely to

[[Page 47676]]

result in even smaller benefits than were originally anticipated in the

plan.

EPA concurs with ADEC's request to repeal and replace the past

contingency measures with the TTC program.

How does approval of the new contingency measure change

Alaska's Air Quality Control Regulations in 18 AAC 53, Fuel

Requirements for Motor Vehicles?

Regulation 18 AAC 53.015, Expansion of Control Area (found under

Chapter 53, Article I, Oxygenated Gasoline Requirements), is repealed.

This regulation had served as a CO contingency measure for Anchorage

and described the geographic boundaries of an expanded oxygenated fuels

programs in Anchorage if implemented as a contingency measure.

The Rollback Modeling Calculation Used To Determine CO

Emission Reductions Is Clarified

ADEC typically uses rollback modeling to determine CO emission

reductions needed to reach attainment of the CO national ambient air

quality and standards (NAAQS). The rollback calculation determines a

percentage reduction target by taking the ratio of the difference

between the second highest CO exceedance value in the emission

inventory base year and the ambient standard, and the second highest

value in the base year adjusted for the ambient background

concentration. ADEC clarifies in Alaska's CO SIP that the target CO

level for SIP revisions is 9.0 ppm, or the CO NAAQS. Using 9 ppm as the

appropriate target level gives ADEC the amount of control necessary to

attain and maintain the CO NAAQS.

Long Term Air Quality Projections Are Updated.

The on-road mobile source portion of Anchorage's 1990 base year CO

emission inventory was updated, using MOBILE5a which was the latest

emission estimation model available as of December 1, 1994. The 1993

periodic inventory was developed and adjusted for population growth

factors, and for changes in the Inspection and Maintenance program. The

1995 projected year inventory was also developed and adjusted for

population growth factors, and for changes in the inspection and

maintenance program and oxygenated fuels program. Tables provide

summaries of the 1990 base year and 1995 projected year emissions by

source category. In addition, daily emissions are calculated.

Also, data was updated to include 1995 2nd highest 8-hour ambient

CO concentrations recorded at Anchorage monitoring sites.

In addition, best estimates of future VMT projections in Anchorage

were completed through 1995.

Information is Streamlined and Reorganized in Alaska's CO SIP

The numerous non-substantive reformatting and restructuring changes

streamline the Alaska SIP and make for more efficient and customer-

friendly reading. They collectively, rather than individually, result

in a much more significant impact on the SIP's organization.

As an example, a table was created showing the 1998 Transportation

Control Strategies for Anchorage. Headings include Federal Control

Strategies, State Control Strategies, and Local Primary Control

Strategies. Only one footnote accompanied the table, and that was an

explanation of the oxygenated fuels program. The table is easy to

understand and effectively summarizes important information.

Other similar edits and revisions found in Volume II, sections II

and III of the State Air Quality Control Plan removed out-of-date

references, eliminated duplicity and redundancy, reflected changes to

Alaska's Inspection and Maintenance program, and generally reorganized

for better sequence of information and requirements, while graphing

projections and trends in population and average daily traffic.

C. What Are the Significant Changes to Alaska's I/M Air Quality

Program and Regulations (AAC 52)?

EPA approves all the changes to Alaska's I/M regulations submitted

by the Alaska Department of Environmental Conservation (ADEC) on

February 6, 1997 and June 1, 1998. The revisions include streamlining

and clarifications that make requirements easier to understand.

Following are some of the major changes to Alaska's I/M air quality

program:

I/M Program Changes From Annual to Biennial

In 1995, the Alaska State Legislature in Senate Bill 28 required

that all State I/M programs implement biennial I/M testing beginning no

later than January 1, 1997. In February 1997, ADEC submitted to EPA the

updated State I/M regulations that reflect this change. Many States

nationwide have changed their I/M programs from annual to biennial

programs. This change has provided more convenience to vehicle owners

(inspections are required less frequently, except when ownership of a

vehicle is transferred), only negligible increases in vehicle

emissions, and improved I/M program efficiency. ADEC analyzed the

impact of changing the I/M program from an annual to a biennial program

on motor vehicle emissions and found it would not significantly impact

emission reductions. The I/M regulations also reflect a change in fees.

Alaska's I/M programs in Fairbanks and Anchorage are operated by local

government, Fairbanks North Star Borough and the Municipality of

Anchorage, respectively, who have the authority to set their own

program fees. In addition, in June 1998 the vehicle inspection schedule

was changed to match the vehicle registration schedule (required by

Alaska Statute 28.10.108), resulting in vehicle inspection and

registration occurring on the same biennial schedule. The certificate

of inspection is $18 in both Anchorage and Fairbanks. Anchorage has set

a maximum of $60 and Fairbanks $35 for inspection testing.

Provisions for Waivers and Emissions-Related Repair Costs

Changed

The provisions for waivers granted to motorists from passing an I/M

program inspection have been revised. Waivers are now valid for one

inspection cycle (every two years), instead of for one year. ADEC

offset the change by proposing more stringent requirements for repair

cost waivers. Section 18AAC 52.065 (``Emissions-Related Repair Cost

Minimum'') was updated to require motorists to meet the minimum

necessary repair costs of $450 per inspection cycle before qualifying

for a waiver, as opposed to spending a maximum of $450 annually. The

new requirements should increase the number of repairs completed, which

could benefit air quality. This change should address public concern

over waivers being valid for two years (one inspection cycle).

New Requirements for Dealers of Used Motor Vehicles

In accordance with Alaska statute 45.45.400 (``Prohibited transfer

of used motor vehicle''), the I/M regulations contain new requirements

for dealers of used motor vehicles. The requirements apply only to cars

tested by a dealership and held in inventory on a used car lot, since

these cars are not likely to pollute the air. In general, an I/M

certificate is good for one year for cars that are inspected while in

the dealer's inventory or if the dealer registers the vehicle in the

buyer's name. The new requirements are outlined in the I/M regulation

under 18 AAC 52.020

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(``Certificate of Inspection Requirements'').

ADEC's Dual Authority With an Implementing Agency Clarified

The regulations clarify ADEC's dual authority with the implementing

agencies, Fairbanks North Star Borough and the Municipality of

Anchorage, under the provisions for enforcement procedures. ADEC has

the authority to take an enforcement action against a motorist,

certified mechanic, or station with or without the participation of the

implementing agency to ensure compliance with enforcement provisions

(18 AAC 52.100 and AAC 52.105).

Notice of Violation Provisions Pertaining to Motorist Updated

More stringent enforcement procedures for violations by motorists

are outlined in 18 AAC 52.100. ``If a motorist fails to respond or

provide appropriate proof of compliance with this chapter within 30

days after receiving a notice of violation,'' the implementing agency

may refer the matter for prosecution under the provision of Alaska

state law pertaining to Local Air Quality Control Programs (AS

46.14.400(j)) or as a Class A misdemeanor under the provision for

Criminal Penalties (AS 46.03.790). The penalty for motorists who fail

to respond to a notice of violation (or fail to provide appropriate

proof of compliance) was changed from potential loss of vehicle

registration to the possibility of prosecution under Alaska's

misdemeanor statutes.

New Provision Allows for Visual Identification of Certificate

of Inspection (``Sticker Program'')

A new provision allows the implementing agency to require a visual

identification, such as windshield sticker or license plate tab, that

clearly shows compliance with inspection requirements. A sticker

program (or similar program) provides easy visual verification of

program compliance, which improves enforcement and provides incentive

to motorists to have their cars inspected. Details of this provision

are outlined in 18 AAC 52.025.

Update to Requirements for Grey Market Vehicles

Grey market vehicles are manufactured for use outside of, and

imported into, the United States. The revised provision for grey market

vehicles (18 AAC 52.080) reduces the requirements for issuing a

certificate of inspection on a grey market vehicle when it has a United

States title. However, grey market vehicles are required to pass visual

and functional inspections and/or tailpipe emission standards required

by the I/M program manual. In addition, motorists are still required to

obtain the applicable importation documents issued by EPA or the U.S.

Department of Transportation.

D. What Are the Overall Changes to Alaska's Regulations AAC 50 and

53?

EPA is approving in part and taking no action on the majority of

Alaska's 18 AAC 50 Air Quality Control regulations.

Approvals 18 AAC 50

EPA is approving the following provisions of 18 AAC 50 as adopted

by ADEC and effective on September 4, 1998: section 700; section 705;

section 710; section 715; and section 720. These regulations relate to

transportation conformity.

No Action 18 AAC 50

EPA is taking no action at this time on any of the 18 AAC 50

regulations submitted on September 10, 1998, with the exception of

sections 700 through 720 which are approved. The regulations that are

not being acted upon relate to the permitting of new and modified

stationary sources or do not relate to the purposes of the SIP under

section 110 of the Act or implement other provisions of the Clean Air

Act.

Approvals 18 AAC 53

EPA is approving all of section of 18 AAC 53 regulations regarding

fuel requirements for motor vehicles, with the exception of section 015

which is repealed (see below). These regulations had minor, non-

substantive and streamlining changes.

Repeals 18 AAC 53

Regulation 18 AAC 53.015, Expansion of Control Area (found under

Chapter 53, Article I, Oxygenated Gasoline Requirements), is repealed.

This regulation had served as a CO contingency measure for Anchorage

and described the geographic boundaries of an expanded oxygenated fuels

programs in Anchorage if implemented as a contingency measure.

E. What Are the Effects to Alaska's Transportation Conformity

Program?

This action has no impact on the transportation emissions budget.

However, the switch to bienniel I/M does make it somewhat more

difficult to demonstrate regional conformity, since it results in small

increases in future emissions projections (while the allowable

emissions budgets do not increase). However, this impact has not caused

a significant problem in continuing to demonstrate conformity in

Anchorage and Fairbanks, largely due to the continued decline in

projected emissions resulting from fleet turnover.

Updated baseline and attainment inventories are scheduled for

Anchorage and Fairbanks as part of the revised air quality attainment

plans that must be prepared due to the redesignation to serious CO

nonattainment status. As part of this process, the biennial I/M

programs will become part of both the baseline and attainment

inventories (and thus emissions budgets associated with each

inventory), thereby totally eliminating any impact on regional

conformity determinations.

II. Summary of Action

EPA approves the following SIP regulations submitted by the State

of Alaska for inclusion into its SIP. EPA also approves some deletions

(listed below) from the Alaska SIP, and takes no action on part of

Alaska's submittal. The revisions pertain to the State's Carbon

Monoxide Air Quality Control Plan; Transportation Conformity; and

portions of Alaska regulations 18 AAC 50, 52 and 53.

EPA takes no action on the entire set of 18 AAC 50 regulations with

the exceptions of: section 700; section 705; section 710; section 715;

and ssction 720 which are approved by EPA. These section 700

regulations were effective September 4, 1998.

The 18 AAC 52 Inspection and Maintenance Air Quality Program and

Regulations that are approved by EPA are: Effective January 1, 1998,

section 005; section 010; section 015; section 020; section 025;

section 035; section 037; section 050; section 060, except for

subsections (8)(c), (8)(d)(2) and (8)(e); section 065; section 070;

section 080; section 085; section 095; section 100; section 105;

section 400; section 405; section 415, except subsection (f)(1);

section 420, except subsection (a)(11); section 425; section 440;

section 500; section 515; section 520, except subsection (c)(9);

section 525; section 527; section 530, except subsections (b)(3),

(c)(4)(C) and (d)(9); section 535; section 540; section 545; section

546; section 990.

Effective January 1, 1997: section 055; 090.

Remove the following provisions of 18 AAC 52: effective January 1,

1997, section 060, subsection 8(c) and 8(e); section 520, subsection

(c)(9).

Remove the following provisions of 18 AAC 52: effective January 1,

1998: section 060, subsection 8(d)(2); section

[[Page 47678]]

415, subsection (f)(1); section 420, subsection (a)(11); section 530,

subsection (b)(3) and (d)(9).

Remove the following provisions of 18 AAC 52, effective January 4,

1995: section 530, subsection (c)(4)(c).

The 18 AAC 53 Fuel Requirements for Motor Vehicles Regulations that

are approved by EPA are: Effective October 31, 1997, section 05;

section 07; section 10; section 20; section 30; section 35; section 40;

section 45; section 60; section 70; section 80; section 90; section

200; section 105; section 120; section 130; section 140; section 150;

section 160; section 170; and section 190; and effective September 4,

1998, 18 AAC 53.990.

Remove the following provision of 18 AAC 53.015, Expansion of

Control Area, effective October 31, 1997.

In addition to the above regulations, the revisions submitted by

ADEC include updates, streamlining, and editing to the narrative parts

of its CO plan for easier reading and understanding.

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 1, 1999

without further notice unless the Agency receives adverse comments by

October 1, 1999.

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 1, 1999 and no

further action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, Regulatory

Planning and Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a State, local or tribal

government, unless the Federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be Economically significant as defined under E.O. 12866,

and (2) concerns an environmental health or safety risk that EPA has

reason to believe may have a disproportionate effect on children. If

the regulatory action meets both criteria, the Agency must evaluate the

environmental health or safety effects of the planned rule on children,

and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency. This rule is not subject to E.O. 13045 because it is

does not involve decisions intended to mitigate environmental health or

safety risks

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments To provide meaningful and

timely input in the development of regulatory policies on matters that

significantly or uniquely affect their communities.

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. 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

[[Page 47679]]

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 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 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.

G. 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 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).

H. 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 1, 1999. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Reporting and recordkeeping requirements.

Dated: July 22, 1999.

Chuck Clarke,

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 52.70 is amended by adding paragraph (c)(29) to read as

follows:

Sec. 52.70 Identification of plan.

* * * * *

(c) * * *

(29) The Environmental Protection Agency (EPA) approves various

amendments to the Alaska State Air Quality Control Plan which are

contained in three separate submittals to EPA, dated February 6, 1997,

June 1, 1998, and September 10, 1998, and which include the inspection

and maintenance program.

(i) Incorporation by reference.

(A) Air Quality Control Regulations, 18 AAC 50. Effective September

4, 1998: Section 700; Section 705; Section 710; Section 715; and

Section 720.

(B) Emissions Inspection and Maintenance Requirements for Motor

Vehicles 18 AAC 52. (1) Effective January 1, 1998: Section 005; Section

010; Section 015; Section 020; Section 025; Section 035; Section 037;

Section 050; Section 060, except for subsections (8)(c), (8)(d)(2) and

(8)(e); Section 065; Section 070; Section 080; Section 085; Section

095; Section 100; Section 105; Section 400; Section 405; Section 415,

except subsection (f)(1); Section 420, except subsection (a)(11);

Section 425; Section 440; Section 500; Section 515; Section 520, except

subsection (c)(9); Section 525; Section 527; Section 530, except

subsections (b)(3), (c)(4)(C) and (d)(9); Section 535; Section 540;

Section 545; Section 546; Section 990.

(2) Effective January 1, 1997: Section 055; 090.

(3) Remove the following provisions of 18 AAC 52, effective January

1, 1997: Section 060, subsection 8(c) and 8(e); Section 520, subsection

(c)(9).

(4) Remove the following provisions of 18 AAC 52, effective January

1, 1998: Section 060, subsection 8(d)(2); Section 415, subsection

(f)(1); Section 420, subsection (a)(11); Section 530, subsection (b)(3)

and (d)(9).

(5) Remove the following provisions of 18 AAC 52, effective January

4, 1995: Section 530, subsection (c)(4)(c).

(C) Fuel Requirements for Motor Vehicles 18 AAC 53.

(1) Effective October 31, 1997: Section 05; Section 07; Section 10;

Section 20; Section 30; Section 35; Section 40; Section 45; Section 60;

Section 70; Section 80; Section 90; Section 200; Section 105; Section

120; Section 130; Section 140; Section 150; Section 160; Section 170;

Section 190 and effective September 4, 1998, Section 990.

(2) Remove the following provision of 18 AAC 53.015, Expansion of

Control Area, effective October 31, 1997.

(ii) Additional material.

(A) Revisions to Alaska's State Air Quality Control Plan, Volume

II: Section I, ``Background,'' I.A; I.B., I.C., I.D., and I.E., adopted

11/26/96; Part B--Anchorage Contingency Measures, adopted 5/18/98;

Section II, ``State Air Quality Control Program,'' pages II-1 through

II-4, adopted 5/18/98; Section III.A. ``Statewide Carbon Monoxide

Control Program,'' pages III.A.1-1 through III.A.3-4, adopted 5/18/98;

III.B. ``Anchorage Transportation Control Program,'' pages III.B.1-1

through III.B.6-7, adopted 5/18/98; III.B.8. ``Modeling and

Projections,'' pages III.B.8-1 through III.B.9-2, adopted 5/18/98;

III.B.10, ``Anchorage Air Pollution Episode Curtailment Plan,'' pages

III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. ``Assurance of

Adequacy,'' pages III.B.11-1 through III.B.11-3, revised 5/18/98;

III.B.12. ``Emissions Budget,'' page III.B.12-1, adopted 11/26/96; and

various CO SIP streamlining edits throughout Volume II and Volume III

of the State Air Quality Control Plan which make the document easier to

read and better organized, adopted 5/18/98.

[FR Doc. 99-22450 Filed 8-31-99; 8:45 am]

BILLING CODE 6560-50-P