[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Rules and Regulations]
[Pages 28836-28839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13273]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. AK-01-003b; FRL-6986-4]
Clean Air Act Promulgation of Attainment Date Extension for the
Fairbanks North Star Borough Carbon Monoxide Nonattainment Area, AK
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a one-year extension of the attainment date
for the Fairbanks North Star Borough (FNSB), Alaska nonattainment area
for carbon monoxide (CO). FNSB failed to attain the National Ambient
Air Quality Standards (NAAQS) for CO by the applicable attainment date
of December 31, 2000. This action is based on EPA's evaluation of air
quality monitoring data and the extension request submitted by the
Commissioner, Alaska Department of Environmental Conservation (ADEC) on
March 29, 2001, in accordance with section 186(a)(4) of the Clean Air
Act (CAA).
DATES: This action is effective on July 24, 2001 unless EPA receives
adverse comments by June 25, 2001. If adverse comments are received,
EPA will publish a timely withdrawal of the direct final rule in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Written comments may be mailed to Connie Robinson, EPA,
Region 10, Office of Air Quality, OAQ-107, 1200 Sixth Ave., Seattle, WA
98101. Copies of the documents relevant to this action are available
for public inspection during normal business hours at EPA, Region 10,
1200 Sixth Ave., Seattle, WA 98101. Copies of the state documents
relevant to this action are available for public inspection at the
Alaska Department of Environmental Conservation, 410 Willoughby, Suite
303, Juneau, Alaska 99801-1795.
FOR FURTHER INFORMATION CONTACT: Connie Robinson, EPA, Region 10,
Office of Air Quality, OAQ-107, 1200 Sixth Ave., (206) 553-1086.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the Environmental Protection Agency
(EPA). This supplementary information is organized as follows:
I. Background
A. Designation and Classification of CO Nonattainment Areas.
B. How Does EPA Make Attainment Determinations?
C. What are the CAA Requirements for an Attainment Date
Extension that Apply to FNSB?
II. EPA's Action
A. What is EPA Approving?
B. What is the History Behind this Approval?
III. Basis for EPA's Action
A. Air Quality Data
B. Compliance with the Applicable SIP
C. Substantial Implementation of Control Measures
D. Reasonable Further Progress
IV. Summary of Action
V. Administrative Requirements
I. Background
A. Designation and Classification of CO Nonattainment Areas
Upon enactment of the 1990 CAA Amendments, areas meeting the
requirements of section 107(d) of the CAA were designated nonattainment
for CO by operation of law and classified either ``moderate'' or
``serious.'' Moderate CO nonattainment areas with
[[Page 28837]]
a design value between 9.1-16.4 parts per million (ppm), were expected
to attain the CO NAAQS as expeditiously as practicable but no later
than December 31, 1995. Serious CO nonattainment areas with a design
value between 16.5 ppm and above were expected to attain the CO NAAQS
as expeditiously as practicable but no later than December 31, 2000.
States containing areas designated as either moderate or serious
for CO had the responsibility of developing and submitting to EPA State
Implementation Plans (SIPs) which addressed the nonattainment air
quality problems in those areas. EPA issued general guidance concerning
the requirements for SIP submittals, which included requirements for CO
nonattainment area SIPs, pursuant to Title I of the Act, (see generally
57 FR 13489 (April 16, 1992) and 57 FR 18070 (April 28, 1992)). The air
quality planning requirements for CO nonattainment areas are set out in
sections 186-187 respectively of the CAA, which pertain to the
classification of CO nonattainment areas and submission of SIP
requirements for these areas.
B. How Does EPA Make Attainment Determinations?
EPA has the responsibility for determining whether a nonattainment
area has attained the CO NAAQS by the applicable attainment date. We
have the responsibility of making attainment determinations for CO
nonattainment areas by no later than six (6) months after the
applicable attainment date for the areas. We make attainment
determinations for CO nonattainment areas based upon whether an area
has 8 consecutive quarters (2 years) of clean air quality data. No
special or additional SIP submittal is required from the State for this
determination. Section 179(c)(1) of the Act provides that the
attainment determination is to be based upon an area's ``air quality as
of the attainment date.'' We make the determination of whether an
area's air quality is meeting the CO NAAQS by the applicable attainment
date based upon the most recent 2 years of data gathered at established
state and local air monitoring stations (SLAMS) and entered into the
Aerometric Information Retrieval System (AIRS). Data entered into the
AIRS has been determined to meet federal monitoring requirements (see
40 CFR 50.8, 40 CFR part 50, appendix C, 40 CFR part 53, 40 CFR part
58, appendix A & B) and in accordance with EPA policy as stated in a
memorandum from William G. Laxton, Director Technical Support Division,
entitled ``Ozone and Carbon Monoxide Design Value Calculations'' June
18, 1990, may be used to determine the attainment of areas. CO design
values are discussed in terms of the 8-hour CO NAAQS. The CO NAAQS
requires that not more than one, 8-hour average per year can exceed 9.0
ppm (greater than 9 or equal to 9.5 ppm to adjust for rounding). CO
attainment is evaluated by reviewing 8 quarters or a total of 2
consecutive and complete years of data. If an area has a design value
greater than 9.0 ppm, this serves as an indication that a monitoring
site in the area, where the second-highest (non-overlapping) 8-hour
average was measured, had CO concentrations measured at levels greater
than 9.0 ppm in at least 1 of the 2 years and that there were at least
2 values above the standard (9.0 ppm) during 1 of the 2 years being
reviewed at a particular monitoring site. Thus, the standard was not
met.
C. What Are the CAA Requirements for an Attainment Date Extension That
Apply to FNSB?
Pursuant to section 186(a)(4) of the Act, if a State containing a
CO nonattainment area does not have 2 consecutive years of clean air
quality date to demonstrate that the area has attained the CO NAAQS,
the State may apply for a one year extension of the attainment date.
EPA may extend the attainment date for one additional year only if the
State has: (1) Complied with the requirements and commitments
pertaining to the applicable implementation plan for the area, and (2)
the area has measured no more than 1 exceedance of CO NAAQS at any
monitoring site in the nonattainment area in the year preceding the
extension year. If the State does not have the requisite number of
years of clean air quality data to show attainment in a serious CO
nonattainment area by its attainment date and does not apply, or does
not qualify for an attainment date extension, the area will be
determined by EPA to have failed to attain the standard and the State
must submit a plan revision pursuant to section 187(g) of the CAA.
The authority delegated to the Administrator to extend attainment
dates for serious areas is discretionary. Section 186(a)(4) of the Act
provides that the Administrator ``may'' extend the attainment date for
areas that meet the minimum requirements specified above. The provision
does not dictate or compel that we grant extensions to such areas. In
exercising this discretionary authority for serious CO nonattainment
areas, we will examine the air quality planning progress made in the
serious CO nonattainment area. We will also be disinclined to grant an
attainment date extension unless a State has, in substantial part,
addressed the applicable CO nonattainment area planning obligations for
the area. In order to determine whether the State has substantially met
these planning requirements, we will review the State's application for
the attainment date extension to determine whether the State has: (1)
Adopted and substantially implemented control measures to satisfy the
requirements for the serious CO nonattainment area; and (2)
demonstrated that reasonable further progress (RFP) is being met for
the area as defined by section 171(1) of the CAA.
If the State cannot make a sufficient demonstration that the area
has complied with the extension criteria stated above, the area will be
required to submit a plan revision within 9 months of this
determination by EPA in the Federal Register pursuant to section 187(g)
of the CAA. If an attainment date extension is granted for the area, at
the end of the extension year, we will again determine whether the area
has attained the CO NAAQS. If the requisite 2 consecutive years of
clean air quality data needed to demonstrate attainment are not met,
the State will be required to submit a plan revision for the area
pursuant to section 187(g) of the CAA.
II. EPA's Action
A. What Is EPA Approving?
In response to a request from the Commissioner, ADEC, we are, by
today's action, granting a 1-year attainment date extension for the
FNSB CO nonattainment area. This action extends the attainment date
from December 31, 2000, to December 31, 2001. The action to extend the
attainment date for FNSB is based on monitored air quality data for the
CO NAAQS for calendar year 2000.
B. What Is the History Behind This Approval?
FNSB was designated nonattainment for CO by operation of law upon
enactment of the 1990 CAA Amendments. Under 186(a) of the Act, each CO
area designated nonattainment was also classified by operation of law
as either ``moderate'' or ``serious'' depending on the severity of the
area's air quality problem. States containing areas that were
classified as moderate nonattainment were required to attain the CO
NAAQS as expeditiously as practicable but no later than December 31,
1995. If a moderate CO nonattainment area was unable to attain the CO
NAAQS by December 31, 1995, the area was reclassified as a serious
[[Page 28838]]
nonattainment area by operation of law. FNSB was reclassified as a
serious nonattainment area by operation of law effective March 30, 1998
(see 63 FR 9945, February 27, 1999). As a result of the
reclassification, FNSB was to demonstrate attainment of the CO NAAQS as
expeditiously as practical but no later than December 31, 2000, the CAA
attainment date for all serious CO areas.
As noted above, EPA has the responsibility for determining whether
a nonattainment area has attained the CO NAAQS by the applicable
attainment date. If the State does not have the 2 consecutive clean
years of data to show attainment of the NAAQS, a State may apply for an
extension of the attainment date. Notwithstanding significant efforts
by the State of Alaska to demonstrate attainment, the State has failed
to meet the December 31, 2000 deadline. We are now approving an
extension of the attainment date to December 31, 2001. As we explain
more fully below, we believe the extension is warranted under CAA
section 186(a)(4).
III. Basis for EPA's Action
A. Air Quality Data
We are using data from calendar year 2000 to determine whether the
area met the air quality criteria for granting a 1-year extension to
the attainment date under section 186(a)(4)(B) of the CAA.
The FNSB operates three CO monitors: Federal Building/2nd &
Cushman, State Office Building/675 7th Avenue, and Hunter Elementary/
17th & Gilliam Way. Sampling at these sites is conducted every day.
Data was submitted by Alaska to be included in AIRS and the data was
deemed valid by EPA.
In calendar year 2000, one exceedance occurred on February 8, 2000,
at the Federal Building/2nd & Cushman site and one exceedance occurred
on February 8, 2000, at the State Office Building/675 7th Avenue. The
8-hour CO NAAQS average was 11.5 and 9.7 respectively. Neither of these
monitoring stations exceeded the CO standard a second time during
calendar year 2000. Therefore, no violation of CO NAAQS occurred during
2000. The area has met one of the requirements to qualify for an
attainment date extension under section 186(a)(4).
B. Compliance With the Applicable SIP
The State of Alaska submitted CO SIP revisions to comply with the
CAA on July 11, 1994 and we approved the revisions effective June 5,
1995 (see 60 FR 17232, April 5, 1995). Alaska submitted three
additional SIP revision packages on February 6, 1997, June 1, 1998, and
September 10, 1998 (see 64 FR 72940, December 29, 1999). The approved
SIP control strategies consist of controls for stationary and area
sources of CO emissions. Based on the milestone report the State
submitted with their extension request, we believe that Alaska is in
compliance with the requirements and commitments in the applicable
implementation plan that pertains to the FNSB CO nonattainment area.
The milestone report indicates that Alaska has implemented and
continues to operate its adopted emission control measures. The
predominant source of CO emission in the nonattainment area is motor
vehicles. The moderate CO area SIP focuses on control strategies to
reduce CO from motor vehicles. These control measures consist of the
federal emission controls required for new vehicles, and the
Inspection/Maintenance (I/M) program. The contingency measure adopted
for FNSB was an enhanced repair technician training and certification
program as an element of the I/M program. This program element was
triggered when Fairbanks failed to attain by the moderate area deadline
of December 31, 1995, and has been fully implemented. All current
control strategies are being maintained.
C. Substantial Implementation of Control Measures
The State of Alaska has developed and implemented substantial
control measures for the FNSB nonattainment area for the serious CO SIP
to be submitted. Improvements to the vehicle I/M program which have
already been submitted to EPA will be incorporated into the serious
area plan. These include improved test equipment and procedures which
increase accuracy of CO emissions measurements and pass/fail
determinations; quality assurance and quality control procedures which
result in a lower rate of fraudulent and erroneous tests; more
stringent repair requirements which reduce the number of repair cost
waivers; an increase in vehicle-related enforcement efforts by ADEC;
and a vehicle sticker program to show compliance with I/M program
requirements.
FNSB has been working toward reducing cold starts through the use
of engine block heaters/electrical plug-ins. Recent testing programs
have shown plug-ins provide a substantial reduction in motor vehicle
cold start emissions. The Borough has increased the number of parking
spaces equipped with electrical outlets in the 1995-2000 period. This
has been achieved by retrofitting existing public facilities and
including outlets in all new public facilities. It has also been
achieved by encouraging the private sector to retrofit existing
facilities and to include outlets in new private facilities. This
effort has resulted in 786 additional spaces equipped with electrical
outlets, an increase of about 12 percent. In contrast, data from the
Alaska Department of Transportation and Public Facilities (ADOT&PF)
indicate that travel increased by only 3.1% in the same 1995-2000
period. This trend is expected to continue using Congestion Mitigation
Air Quality (CMAQ) funds that FNSB has secured from the Federal Highway
Administration for retrofitting additional public parking spaces.
FNSB has shown a commitment to modifying public behavior through
outreach efforts. Initially, they began informing the public of air
quality alerts when CO forecasts indicated that the 9 ppm 8-hour
average was likely to be exceeded. As part of the alert, the public is
encouraged to minimize driving, plug in their vehicles, and use transit
when possible. Additional outreach efforts urge citizens to plug in at
warmer temperatures informing them of the benefits to the air and to
their vehicles through reduced maintenance. Public service
announcements have also warned the public of increased enforcement
activities for violators of the I/M program. Public outreach
advertising free bus rides during the CO season in 2000/2001 was quite
successful and ridership increased 72% in 2000.
Over the past 5 years 11 separate highway improvement projects were
completed. The projects focused primarily on intersection and
signalization improvements. Several projects were also focused on
roadway upgrades and reconstruction. ADOT&PF estimates that the
combined effort of these improvements increases speeds in the
nonattainment area by 0.2 miles per hour.
D. Reasonable Further Progress
The historical trend in the FNSB's air quality has been toward
lower CO levels. CO concentrations have decreased from a second-high 8-
hour average of 19.0 ppm and 45 violations in 1983, to a second-high 8-
hour average of 8.9 ppm and zero violations in calendar year 2000. The
continued improvement in CO concentrations in the FNSB of 32% CO
emission reduction projected between 1995 and 2000, has been achieved
mainly by emission reductions resulting from turnover of the vehicle
fleet and required vehicle repairs and maintenance under the I/M
program.
[[Page 28839]]
These control measures and emission reductions are permanent and
enforceable.
The implementation of the enhanced I/M, combined with the Federal
Motor Vehicle Control Program; the continuation of the program of
retrofitting public parking lots with electrical outlets; and the
recent free transit program along with an expanded public awareness
program is expected to result in further decreases in CO emissions and
ambient concentrations in the FNSB. Based on the above, EPA believes
that RFP toward attainment of the CO NAAQS has been demonstrated.
IV. Summary of Action
In summary, for the reasons discussed above, EPA is granting the
State's request for a 1-year extension of the attainment date for the
FNSB CO nonattainment area from December 31, 2000, to December 31,
2001.
EPA is publishing this action without prior proposal because the
Agency views this action as noncontroversial 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 extension should adverse comments
be filed. This action will be effective July 24, 2001 without further
notice unless we receive relevant adverse comment by June 25, 2001. If
EPA receives such comments, then 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 then be
addressed in a subsequent final rule based on the proposed action. The
EPA will not institute a second comment period. 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 July 24, 2001.
V. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves a state request for an attainment date extension.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule does not impose any enforceable duty, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4). This rule also does not have a substantial direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely approves a state request for an attainment
date extension and does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act. This
rule also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective July 24, 2001 unless EPA receives
adverse written comments by June 25, 2001.
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 July 24, 2001. 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,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: May 16, 2001.
Charles Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-13273 Filed 5-24-01; 8:45 am]
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