[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47674-47679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22450]


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

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.

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

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

[[Page 47675]]

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

[[Page 47677]]

(``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