[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Rules and Regulations]
[Pages 36476-36477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17412]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket#: AK-01-002; FRL-7010-6]


Finding of Attainment for Carbon Monoxide (CO); Anchorage CO 
Nonattainment Area, AK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finding that the Anchorage CO nonattainment area in 
Alaska has attained the National Ambient Air Quality Standards (NAAQS) 
for CO by the deadline required by the Clean Air Act (CAA), December 
31, 2000.

EFFECTIVE DATE: August 13, 2001.

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 wherever``we'', 
``us'', or ``our'' is used we mean EPA.

I. Background

    EPA has the responsibility for determining whether a nonattainment 
area has attained the CO NAAQS by the applicable attainment date. In 
this case the EPA was 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 six months following the attainment date for the 
areas. This proposal was based on all available, quality-assured data 
collected from the CO monitoring sites, which has been entered into the 
Aerometric Information Retrieval System (AIRS). This data was reviewed 
to determine the area's air quality status in accordance with EPA 
guidance at 40 CFR part 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.

[[Page 36477]]

    On May 25, 2001 (66 FR 28872), EPA proposed to find that the 
Anchorage CO nonattainment area in Alaska has attained the National 
Ambient Air Quality Standards (NAAQS) for CO as of December 31, 2000. A 
detailed discussion of EPA's proposal is contained in the May 25, 2001, 
proposed rule and will not be restated here. The reader is referred to 
the proposed rule for more details.

II. Public Comments

    We received no comments in response to EPA's proposed action to 
find that the Anchorage CO nonattainment area in Alaska has attained 
the National Ambient Air Quality Standards (NAAQS) for carbon monoxide 
as of December 31, 2000.

III. Attainment Finding

    EPA has determined that the Anchorage serious CO nonattainment area 
has attained the CO NAAQS by the attainment date of December 31, 2000. 
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 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 redesignation to attainment.

IV. 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely makes a determination based on air quality data and does not 
impose any requirements. 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 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 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 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. section 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. 
section 804(2). This rule will be effective August 13, 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 September 10, 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 81

    Environmental protection, Air pollution control, Carbon monoxide, 
National parks, Reporting and record keeping requirements, Wilderness 
areas.

    Dated: June 29, 2001.
Charles Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-17412 Filed 7-11-01; 8:45 am]
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