[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Proposed Rules]
[Pages 28872-28874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket No. AK-01-002; FRL-6986-6]


Finding of Attainment for Carbon Monoxide; Anchorage CO 
Nonattainment Area, Alaska

AGENCY: Environmental Protection Agency (EPA).

[[Page 28873]]


ACTION: Notice of proposed rule.

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SUMMARY: EPA is proposing to find that the Anchorage nonattainment area 
in Alaska has attained the National Ambient Air Quality Standards 
(NAAQS) for carbon monoxide as of December 31, 2000.

DATES: Written comments must be received on or before June 25, 2001.

ADDRESSES: Written comments should be mailed to Connie Robinson, Office 
of Air Quality, Mailcode OAQ-107, EPA Region 10, 1200 Sixth Avenue, 
Seattle, Washington, 98101. Copies of documents relevant to this action 
are available for public review during normal business hours (8:00 A.M. 
to 4:30 P.M.) at this same address.

FOR FURTHER INFORMATION CONTACT: Connie Robinson, Office of Air Quality 
Mail Code OAQ-107, EPA Region 10, 1200 Sixth Avenue, Seattle 
Washington, 98101, (206) 553-1086.

SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,'' 
``us,'' or ``our'' means the Environmental Protection Agency (EPA).

Table of Comments

I. Background
    A. Designation and Classification of CO Nonattainment Areas.
    B. How Does EPA Make Attainment Determinations?
    C. What is the Attainment Date for the Anchorage CO 
Nonattainment Area?
II. EPA's Proposed Action
III. Basis for EPA's Action
IV. Request for Public Comments
V. Administrative Requirements

I. Background

A. Designation and Classification of CO Nonattainment Areas

    The Clean Air Act (CAA) Amendments of 1990 authorized EPA to 
designate areas across the country as nonattainment, and to classify 
these areas according to the severity of the air pollution problem. 
Pursuant to section 107(d) of the CAA, following enactment on November 
15, 1990, States were requested to submit lists, within 120 days, which 
designated all areas of the country as either attainment, 
nonattainment, or unclassifiable for CO. The EPA was required to 
promulgate these lists of areas no later than 240 days following 
enactment of the CAA Amendments (see 56 FR 56694, (November 6, 1991)).
    On enactment of the CAA Amendments, a new classification structure 
was created for CO nonattainment areas, pursuant to section 186 of the 
CAA, which included both a moderate and a serious area classification. 
Under this classification structure, moderate areas with a design value 
of 9.1-16.4 ppm, were expected to attain the CO NAAQS as expeditiously 
as practicable, but no later than December 31, 1995. CO nonattainment 
areas designated as serious, with a design value of 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. The EPA issued general guidance 
concerning the requirements for SIP submittals, which included 
requirements for CO nonattainment area SIPs, pursuant to Title I of the 
CAA (see generally, 57 FR 13498 (April 16, 1992), and 57 FR 18070 
(April 28, 1992)). The air quality planning requirements for moderate 
and serious CO nonattainment areas are addressed in sections 186-187 
respectively of the CAA, which pertain to the classification of CO 
nonattainment areas, as well as to the requirements for the submittal 
of both moderate and serious area SIPs.
    The EPA has the responsibility for determining whether a 
nonattainment area has attained the CO NAAQS by the applicable 
attainment date.\1\ In this case the EPA is required to make 
determinations concerning whether serious CO nonattainment areas 
attained the NAAQS by their December 31, 2000 attainment date. Pursuant 
to the CAA, the EPA is required to make attainment determinations for 
these areas by June 30, 2001, no later than 6 months following the 
attainment date for the areas. Therefore, this action is being taken to 
make a determination of attainment for a serious CO nonattainment area 
with a December 31, 2000 attainment date.
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    \1\ See sections 179(c) and 186(b)(2) of the CAA Amendments.
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B. How Does EPA Make Attainment Determinations?

    Section 179(c)(1) of the CAA provides that attainment 
determinations are to be based upon an area's ``air quality as of the 
attainment date, and section 186(b)(2) is consistent with this 
requirement.'' EPA will make the determination as to whether an area's 
air quality is meeting the CO NAAQS based upon air quality data 
gathered at CO monitoring sites in the nonattainment area which has 
been entered into the Aerometric Information Retrieval System (AIRS). 
This data is reviewed to determine the area's air quality status in 
accordance with EPA guidance at 40 CFR 50.8, and in accordance with EPA 
policy and guidance as stated in a memorandum from William G. Laxton, 
Director Technical Support Division, entitled ``Ozone and Carbon 
Monoxide Design Value Calculations,'' dated June 18, 1990.
    The 8-hour CO design value is used to determine attainment of CO 
areas, and is computed by first finding the maximum and second maximum 
(non-overlapping) 8-hour values at a monitoring site for the most 
recent 2 years of air quality data. Then the maximum value of the 
second high values is used as the design value for the monitoring site. 
The CO NAAQS requires that not more than one 8-hour average per year 
can exceed 9.0 ppm (9 greater than or equal to 9.5 ppm to adjust for 
rounding). CO attainment is evaluated and determined by reviewing 8 
quarters of data, or a total of 2 complete calendar years of data for 
an area. If an area has a design value that is greater than 9.0 ppm, 
this means that a monitoring site in the area, where the second highest 
(non-overlapping) 8-hour average was measured, was greater than 9.0 ppm 
in at least 1 of the 2 years being reviewed to determine attainment for 
the area. Then this indicates that there were at least two values which 
measured above the NAAQS for CO. Thus, the standard was not met in the 
area.

C. What Is the Attainment Date for the Anchorage CO Nonattainment Area?

    As stated above, the Anchorage CO nonattainment area was designated 
nonattainment for CO by operation of law upon enactment of the CAA 
Amendments of 1990. Under 186(a) of the CAA, 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. 
Anchorage received a one year extension to December 31, 1996, from the 
mandated attainment date of December 31, 1995, for moderate 
nonattainment areas. On June 12, 1998, EPA made a finding that 
Anchorage did not attain the CO NAAQS by the December 31, 1996 
attainment date for the moderate nonattainment area. This finding is 
based on EPA's review of monitored air quality data for compliance with 
the CO NAAQS. As a result of this finding the

[[Page 28874]]

Anchorage CO nonattainment area was reclassified as a serious CO 
nonattainment area by operation of law (see 62 FR 63687, (December 2, 
1997)). As a result of this reclassification, the State was to attain 
the CO NAAQS as expeditiously as practicable but no later than December 
31, 2000, the CAA attainment date for serious areas.

II. EPA's Proposed Action

    EPA is, by today's action, making the determination that the 
Anchorage serious CO nonattainment area did attain the CO NAAQS by the 
attainment date of December 31, 2000. As explained below, the Anchorage 
nonattainment area remains classified a serious CO nonattainment area, 
and today's action does not redesignate the Anchorage nonattainment 
area to attainment.

III. Basis for EPA's Action

    Alaska has four CO monitoring sites in the Anchorage CO 
nonattainment area. The air quality data in AIRS for these monitors 
show that, for the 2-year period from 1999 through 2000, there were no 
violations of the annual CO standard. The highest 8-hour annual average 
measured during this 2-year period was at the Trinity Christian Church 
monitoring site in 1999 where the 8-hour CO NAAQS average measured 7.8 
ppm. Based on this information, EPA has determined that the area 
attained the CO NAAQS standard as of the attainment date of December 
31, 2000.
    In summary, EPA proposes to find that the Anchorage CO 
nonattainment area attained the CO NAAQS as of the attainment date of 
December 31, 2000. If we finalize this proposal, consistent with CAA 
section 188, the area will remain a serious CO nonattainment area with 
the additional planning requirements that apply to serious CO 
nonattainment areas. This proposed finding of attainment should not be 
confused with a redesignation to attainment under CAA section 107(d). 
Alaska has not submitted a maintenance plan as required under section 
175A(a) of the CAA or met the other CAA requirements for redesignation 
to attainment. The designation status in 40 CFR part 81 will remain 
serious nonattainment for the Anchorage CO nonattainment area until 
such time as EPA finds that Alaska has met the CAA requirements for 
redesignations to attainment.

IV. Request for Public Comments

    We are soliciting public comments on EPA's proposal to find that 
the Anchorage CO nonattainment area has attained the CO NAAQS as of the 
December 31, 2000, attainment date. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking process by submitting written comments to the EPA 
Regional office listed in the ADDRESSES section of this document.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely makes a determination based on air 
quality data and does not impose any requirements. Accordingly, the 
Administrator certifies that this proposed 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 proposed 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 
(Pub. L. 104-4). This proposed 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 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 makes a determination based on air quality 
data and does not alter the relationship or the distribution of power 
and responsibilities established in the Clean Air Act. This proposed 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    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 proposed 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 proposed 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.).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 16, 2001.
Charles Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-13277 Filed 5-24-01; 8:45 am]
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