[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54435-54439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26316]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK 6-1-6587a; FRL-5293-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA approves a State Implementation Plan (SIP) revision 
submitted by the State of Alaska implementing an oxygenated gasoline 
program in the Municipality of Anchorage. This SIP revision was 
submitted to satisfy the requirement of section 211(m) of the Clean Air 
Act, as amended (the ``Act''), which requires all carbon monoxide (CO) 
nonattainment areas with a design value of 9.5 parts per million (ppm) 
or greater based generally on 1988 and 1989 air quality monitoring data 
to implement an oxygenated gasoline program.
    In the proposed rules section of this Federal Register, EPA is 
proposing approval of and soliciting public comment on this requested 
SIP revision. If adverse comments are received on this direct final 
rule, EPA will withdraw this direct final rule and address the comments 
received in a subsequent final rule on the related proposed rule. No 
additional opportunity for public comment will be provided. Unless this 
direct final rule is withdrawn, EPA will conduct no further rulemaking 
on this requested SIP revision.

DATES: This action is effective on December 26, 1995 unless adverse or 
critical comments are received by November 24, 1995. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
Office of Air (AT-082), EPA, Docket #AK 6-1-6587, 1200 Sixth Avenue, 
Seattle, Washington 98101.
    Documents that 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, Air & 
Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington 
98101, and the Alaska Department of Environmental Conservation, 410 
Willoughby, Suite 105, Juneau, Alaska 99801-1795.

FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air (AT-
082), EPA, Seattle, Washington 98101, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Motor vehicles are significant contributors of CO emissions. An 
important measure for reducing these emissions is the use of cleaner-
burning oxygenated gasoline. Extra oxygen enhances fuel combustion and 
helps to offset fuel-rich operating conditions, particularly during 
vehicle starting, which are more prevalent in the winter.
    Section 211(m) of the Act requires certain States to submit 
revisions to their SIPs and implement oxygenated gasoline programs by 
no later than November 1, 1992. This requirement applies to States with 
CO nonattainment areas with design values of 9.5 ppm or more based 
generally on 1988 and 1989 data. Each State's oxygenated gasoline 
program must require gasoline for the specified control area to contain 
not less than 2.7 percent oxygen by weight during that portion of the 
year in which the areas are prone to high ambient concentrations of CO. 
Under section 211(m)(2), the oxygenated gasoline requirements are to 
cover generally all gasoline sold or dispensed in the larger of the 
Consolidated Metropolitan Statistical Area (CMSA) or the Metropolitan 
Statistical Area (MSA) in which the nonattainment area is located. 
Under section 211(m)(2), the length of the control period, to be 
established by the EPA Administrator, shall not be less than four 
months unless a State can demonstrate that, because of meteorological 
conditions, a reduced control period will assure that there will be no 
carbon monoxide exceedances outside of such reduced period. EPA 
announced guidance on the establishment of control periods by area in 
the Federal Register on October 20, 1992 (57 FR 47769).
    In addition to the guidance on establishment of control period by 
area, EPA has issued additional guidance related to the oxygenated 
gasoline program. On October 20, 1992 (57 FR 47769) EPA announced the 
availability of oxygenated gasoline credit program guidelines in the 
Federal Register. Under a credit program, marketable oxygen credits may 
be generated from the sale of gasoline with a higher oxygen content 
than is required (i.e. an oxygen content greater than 2.7 percent by 
weight). These oxygen credits may be used to offset the sale of 
gasoline with a lower oxygen content than is required. Where a credit 
program has been 

[[Page 54436]]
adopted, EPA's guidelines provide that no gallon of gasoline should 
contain less than 2.0 percent oxygen by weight.

II. Background for This Action

    Under section 211(m) of the Act, Alaska was required to submit a 
revised SIP under section 110 and part D of title I, which includes an 
oxygenated gasoline program for the Municipality of Anchorage. EPA 
reaffirmed the boundaries of the Municipality of Anchorage on November 
6, 1991 (56 FR 56694); the oxygenated gasoline requirements cover 
generally all gasoline sold or dispensed in the MSA boundary. The 
oxygenated gasoline program was implemented as scheduled on November 1, 
1992. However, within a short period of time, the State received health 
and driveability complaints from the general public regarding the use 
of Methyl Tertiary Butyl Ether (MTBE) blended gasoline, and the 
Governor of Alaska made a decision to temporarily suspend the 
oxygenated fuels program while the State investigated the complaints. 
The U.S. Congress approved a one-year exemption for Alaska from the 
oxygenated fuel requirements as a rider to the 1994 Federal funding 
appropriations bill. During this suspension, a series of studies began 
which included health, driveability, and effectiveness at cold 
temperatures using oxygenated gasoline in climate fluctuations such as 
the Municipalities of Anchorage and Fairbanks experience. Also, Alaska 
reviewed other options to demonstrate attainment of the CO National 
Ambient Air Quality Standards (NAAQS) if oxygenated gasoline continued 
to be suspended.
    As a result, Anchorage chose to implement an oxygenated fuel 
program using an ethanol blend, consisting of 10 percent ethanol blend 
with an oxygen content of 3.5 percent. It was fully implemented on 
January 1, 1995 and continued through March 31, 1995. This initial 
control period for Anchorage using an enthanol blend was successful 
with the general public and for air quality--there were no exceedances 
of the CO NAAQS. In subsequent years, the program will operate from 
November 1 through March 31.
    The Oxygenated Gasoline Requirements (18 AAC 53.005-18 AAC 53.190) 
were submitted to EPA on March 24, 1994, as a revision to the Alaska 
SIP, with its amendments adopted through March 19, 1994 by the Alaska 
Department of Envirnomental Conservation.
    EPA summarizes its analysis of the State submittal below:

Type of Program and Oxygen Content Requirement

    As discussed above, section 211(m)(2) of the Act requires that 
gasoline sold or dispensed for use in the specified control areas 
contain not less than 2.7 percent oxygen by weight. Under section 
211(m)(5), the EPA Administrator issued guidelines for credit programs 
allowing the use of marketable oxygen credits. Alaska has elected to 
require control area responsible parties (CARs) to supply an average of 
at least 2.7 percent oxygen for each control area serviced. A CAR is 
defined as a person who owns oxygenated gasoline that is sold or 
dispensed from a control area terminal. A blender CAR is, in general, a 
party downstream from a terminal who blends oxygenates into gasoline or 
who otherwise changes the oxygen content of the gasoline intended for 
use in a control area.
    To achieve an average of 2.7 percent oxygen, a blender will be 
allowed to supply oxygenated gasoline with a minimum of 2.0 percent 
oxygen and a maximum of 3.7 percent. Each gallon of fuel pumped by the 
retailer must be, at minimum, 2.0 percent oxygen by weight. Trading of 
oxygen credits is allowed. The following sections of this notice 
address some specific elements of the State's submittal.

Applicability and Program Scope

    The State regulations provide that the Alaska Department of 
Environmental Conservation (ADEC) will issue a public notice 
establishing a control period applicable to the Municipality of 
Anchorage. Not less than 75 days before the control period begins, ADEC 
will publish the notice in a newspaper serving Anchorage and will send 
the notice to each CAR and blender CAR registered with ADEC since the 
former control period of November 1, 1992. ADEC established its control 
period in accordance with its oxygenated gasoline requirements (18 AAC 
53.010) for the Municipality of Anchorage, and this first year's 
ethanol-blended fuel program for Anchorage began January 1, 1995 
(allowing Alaskan refiners adequate initial setup time to get the 
program in place). In subsequent years, Alaska has established that the 
oxygenated gasoline program will operate from November 1 through March 
1. This control period is consistent with EPA guidance.
    EPA guidance suggests that all gasoline sold or dispensed for use 
within a given control area and during a given control period should 
comply with the average of 2.7 percent oxygen content requirement and 
should contain not less than 2.0 percent oxygen by weight. Marketable 
oxygen credits should be used or traded only within the boundaries of 
the control area in which they were created and only during the 
applicable control period.
    Alaska's oxygenated gasoline program has both an ``averaging 
period'' compliance scheme and a ``per-gallon'' compliance scheme. When 
registering, each blender must choose whether to comply on an average 
basis or on a per gallon basis. Under the averaging period scheme, all 
gasoline sold or dispensed within the control area during a given 
averaging period must be, on average, at least 2.7 percent by weight. 
In addition, any gasoline sold or dispensed to an ultimate consumer 
within the control area and averaging period must contain at least 2.0 
percent oxygen by weight. The averaging period in Alaska's program will 
be typically November 1 through March 1. The blender may also choose to 
comply on a per-gallon basis. Under the per-gallon compliance scheme, 
each gallon of gasoline offered for use in a control area must contain 
at least 2.7 percent oxygen by weight. These requirements are 
consistent with EPA guidance.

Registration and Reporting Requirements

    EPA's credit program guidelines suggest that all parties intending 
to trade marketable oxygen credits should register with the State at 
least 30 days in advance of each control season. The 30 day time period 
is intended to allow the State flexibility. Upon acceptance, the State 
should issue CAR identification numbers. EPA guidelines indicate that 
no party should be allowed to generate, trade, buy or sell credits 
without a CAR identification number.
    Under Alaska's regulations, at least 30 days before the beginning 
of the control period in which a person meets the definition of CAR or 
blender CAR, or at least 30 days before conducting activities as a CAR 
or blender CAR, that person shall petition for registration as a CAR or 
blender CAR. Registration requests must be on forms approved by and 
available from ADEC. ADEC will issue each blender a permit containing a 
unique identification number within 30 days after submission of a 
registration application.
    CARs and blender CARs shall pay a registration fee of $100 at the 
time of application to compensate for the costs of implementing the 
requirements of the oxygenated gasoline program. CAR or blender CARs 
shall also pay a preliminary annual fee at the time of registration, 
which is based on the 

[[Page 54437]]
volume of gallons of oxygenated gasoline that CAR or blender CAR 
blended for use within each control area during the preceding averaging 
period. On or before May 1, CAR or blender CARs shall pay a final 
annual fee that is based on the volume of gallons of oxygenated 
gasoline blended for use within each control area during the preceding 
averaging period, minus the preliminary annual fee. If the preliminary 
annual fee is greater than the determined final annual fee amount due, 
no additional fee is due and ADEC will refund the excess fees paid by 
June 15.
    EPA has also specified that records should be retained by all 
parties in the gasoline distribution system. EPA's guidelines impose 
responsibilities on various parties in the gasoline industry. Persons 
who produce or import gasoline (refiners and importers) are responsible 
for assuring that the gasoline is tested and that the accompanying 
documentation accurately reflects oxygen content. Persons who 
transport, store, or sell gasoline (refiners, importers, blenders, 
distributors, resellers, retailers, wholesale purchaser-consumers) have 
various responsibilities associated with assuring that only oxygenated 
gasoline is sold or dispensed for use in control areas. Terminal owners 
and operators are responsible for assuring that the oxygen content of 
the gasoline they receive, handle, or dispense is accurate. Retailers 
and wholesale purchaser consumers are responsible for assuring that 
gasoline intended for sale during the control period contains at least 
2.0 percent oxygen by weight.
    Under Alaska's regulations, at the end of the control period, CARs 
and blender CARs must have an audit conducted by an independent 
certified public accountant that consists of a review of the supporting 
documentation used to prepare reports required under the oxygenated 
program, for accuracy, completeness, and conformance with the 
requirements of the program. In addition, CARs and blender CARs must 
submit a report no later than 30 days after the last day of each 
averaging period that shows compliance with the requirements of the 
oxygenated gasoline program. Also, interim reports are due for 
November, December and January of each averaging period, no later than 
30 days after the last day of each month. Reports must be filed on 
forms approved by ADEC. Alaska's rule allows a reporting time frame of 
30 days rather than EPA's suggested 15 days. EPA feels that providing 
businesses extra reporting time will not compromise environmental 
benefits.
    EPA guidelines suggest that all parties in the gasoline 
distribution network who are located or do business within a control 
area, and whose product is eventually sold into the control area for 
ultimate use, should be required to keep records concerning certain 
day-to-day activities. Under these guidelines, refiners and importers 
should be required to keep a copy of all the tests that are performed 
on batches of gasoline prior to shipment, as well as copies of the 
bills of lading or transfer documents for each batch. Terminal owners 
and operators and CARS and blender CARS should be required to keep 
records of both the gasoline they receive from upstream parties, as 
well as copies of all the tests performed and records created before 
the gasoline was transferred to a downstream party. Alaska's program is 
consistent with these suggested provisions.
    EPA guidelines recommend that CARs and blender CARs commission an 
annual attest engagement, performed by either an internal auditor or 
independent Certified Public Accountant (CPA). The guidelines encourage 
the State to provide the internal auditor or CPA with standardized 
forms specifying the methodology to be used for attest engagements. 
Alaska's program requires that CARs or blender CARs submit to an attest 
engagement conducted by an independent CPA, within 120 days after the 
end of an averaging period. Therefore, Alaska's program meets EPA's 
recommendations for attest engagements.
    Blenders may use attest engagements as a defense to liability. If 
EPA notes that the State's program suffers from compliance problems 
related to lack of attest engagements, EPA may require the use of 
attest engagements as a corrective action.

Prohibited Activities

    EPA's credit program guidelines contain provisions designed to 
ensure that gasoline failing to meet the 2.0 percent by weight minimum 
oxygen content requirement is not available for use within a control 
area. Alaska's regulations provide that CARs or blender CARs may not 
transfer gasoline for use in a control area that contains less than the 
minimum percent of oxygen by weight to parties who are not themselves 
registered as CARs or blender CARs. Under EPA's credit program 
guidelines, regulated parties, including refiners, importers, oxygenate 
blenders, carriers, distributors, or resellers should comply with 
recordkeeping requirements. In addition, Alaska's regulations provide 
that a terminal that sells or dispenses gasoline intended for use in a 
control area should accept gasoline only if transfer documentation 
accompanies it, or unless the terminal is a blender registered in 
compliance with 18 AAC 53.070. Misrepresenting the oxygen content of 
the gasoline in accompanying documents is a violation. Transfer 
documents must accompany the gasoline in every link of the gasoline 
distribution network except for the final consumer. Non-oxygenated 
gasoline may not be sold in any control area during the control period.

Transfer Documents

    EPA's credit program guidelines specify that transfer documents 
should include the following information: Date of the transfer; name 
and address of the transferor and transferee; the volume of the 
gasoline that is being transferred; the proper identification of the 
gasoline as oxygenated or nonoxygenated; the location of the gasoline 
at the time of the transfer; the type of oxygenate; and the oxygen 
content of the gasoline (for transfers upstream of the control area 
terminal and for transfers between CARs, including the oxygenate volume 
of the gasoline). Records are to be kept in a location where they are 
available for State review. Alaska's requirements related to transfer 
documentation meets EPA's recommendation. These transfer document 
requirements will enhance the enforcement of the oxygenated gasoline 
regulation by providing a paper trail for each gasoline sample taken by 
State enforcement personnel.

Enforcement and Penalty Schedules

    The State oversight agency enforces the oxygenated gasoline 
regulations. Each State should devise a comprehensive penalty schedule. 
Penalties should reflect the severity of a party's violation, the 
compliance history of the party, and the potential environmental harm 
associated with the violation.
    With the consent of the owner or operator, ADEC or its designee 
will, in its discretion, enter the premises of any business subject to 
the requirements of the oxygenated gasoline program to determine that 
business's compliance with the program by inspecting all relevant 
records and equipment and taking gasoline samples for testing.
    Alaska Statutes, Title 46, Water, Air, Energy and Environmental 
Conservation, Sections 46.03.760 and 46.03.790, provide for both civil 
and criminal penalties for oxygenated fuel violations. Civil and 
criminal penalties include fines up to $10,000 per day for each 
violation. 

[[Page 54438]]


Test Methods and Laboratory Review

    EPA's sampling procedures are detailed in appendix D of 40 CFR part 
80. EPA has recommended, in its credit program guidelines, that States 
adopt these sampling procedures. Alaska has adopted EPA sampling 
procedures.
    For the purpose of determining compliance with the requirements of 
these guidelines, Alaska's regulation includes a test method. EPA's 
guidelines recommend the use of the OFID test, although parties may 
elect to use ASTM-D4815-89 or another method, if approved by EPA. 
Alaska has elected to use the test method specified in ASTM-D4815-89.

Labeling

    EPA was required to issue Federal labeling regulations under 
section 211(m)(4) of the Act. These regulations, published in the 
Federal Register on October 20, 1992, require the following statement 
be posted for a per-gallon program or credit program with a minimum 
oxygen content requirement:
    ``The gasoline dispensed from this pump is oxygenated and will 
reduce carbon monoxide pollution from motor vehicles.'' 40 CFR 
80.35(a)(1). The Federal regulation also specifies the appearance and 
placement requirements for the labels. 40 CFR 80.35(a).
    EPA has strongly recommended that States adopt their own labeling 
regulations, consistent with the Federal regulation, and Alaska has 
done so. EPA therefore approves Alaska's labeling requirement.
    EPA's review of the material indicates that the State has adopted 
an oxygenated gasoline program for the Municipality of Anchorage in 
accordance with the requirements of the Act. EPA approves the Alaska 
SIP revision for an oxygenated gasoline program for the Municipality of 
Anchorage, 18 AAC 53, Fuel Requirements for Motor Vehicles, Article 1 
(Oxygenated Gasoline Requirements, 18 AAC 53.005--18 AAC 53.190) and 
Article 9 (General Provisions, 18 AAC 53.990), submitted March 24, 
1994, including amendments to the Alaska regulations adopted through 
March 19, 1994.

Temporary Variance

    Included as part of the State's oxygenated gasoline requirements at 
18 AAC 53.150 is a provision for a temporary variance from the 
oxygenated gasoline requirements. Under this provision, a temporary 
variance may be granted after a public hearing only in narrowly 
defined, extreme and unusual circumstances where a refiner can show 
that for reasons beyond its control, it cannot comply with the 
oxygenated gasoline requirements for a defined period of time. A 
refiner must show that all of the conditions listed in the regulation 
are met, including that it exercised prudent planning to avoid 
noncompliance, and that all reasonable steps were taken to minimize the 
noncompliance. The provision also requires the refiner to show that 
compliance with the requirements for oxygenated gasoline will be 
achieved as soon as possible and to agree to offset all or a portion of 
the excess emissions associated with the use of nonconforming gasoline, 
where practicable. In addition, the applicant must state a proposed 
date by which compliance will be achieved or reestablished. The State 
will hold a public hearing to determine whether, and under what 
conditions and to what extent, a temporary variance is necessary and 
will be permitted. At least two weeks before the public hearing, the 
State will give written notice to the applicant and EPA, and will 
publish notice of the hearing in a newspaper of general circulation in 
the Anchorage control area.
    EPA is approving this narrowly crafted provision to permit 
temporary variances by finding it consistent with previous EPA guidance 
to the states to address the situation where extraordinary 
circumstances do not allow a regulated party to comply with the 
oxygenated gasoline program under Section 211(m). On October 20, 1992 
(57 FR 47769), EPA announced the availability of oxygenated gasoline 
credit program guidelines in the Federal Register. In that document, 
``Guidelines for Oxygenated Gasoline Credit Programs under Section 
211(m) of the CAA,'' EPA wrote that ``in appropriate extreme and 
unusual circumstances which are clearly outside the control of the 
refiner and which could not have been avoided by the exercise of 
prudence, diligence and due care, states should consider allowing a 
refiner, for a brief period, to distribute'' nonconforming fuel.

III. Conclusion

    EPA, in this action, is approving this revision to the Alaska SIP 
for an oxygenated gasoline program.

IV. Administrative Review

    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. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    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 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or 

[[Page 54439]]
establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    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.
    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 December 26, 1995 unless, by November 24, 1995, 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 December 26, 1995.
    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 December 26, 1995. 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, 
Hydrocarbons, Incorporation by reference, Ozone, Volatile organic 
compounds.

    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: August 30, 1995.
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 52.70 is amended by adding paragraph (c)(22) to read as 
follows:


Sec. 52.70  Identification of plan.

* * * * *
    (c) * * *
    (22) On March 24, 1994, ADEC submitted a revision to its SIP for 
the State of Alaska addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the 
Anchorage carbon monoxide nonattainment area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA 
Regional Administrator Chuck Clarke including as a revision to the SIP 
the State of Alaska, Department of Environmental Conservation, 18 AAC 
53, ``Fuel Requirements for Motor Vehicles,'' (Article 1, 18 AAC 
53.005--18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments 
adopted through March 19, 1994.
* * * * *
[FR Doc. 95-26316 Filed 10-23-95; 8:45 am]
BILLING CODE 6560-50-P