[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11839-11840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6096]


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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