[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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