[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50762-50764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25318]


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the revised inventory estimates use a newer version of the model, 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

[[Page 50763]]

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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