[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Rules and Regulations]
[Pages 822-825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-218]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK-21-1709-a; FRL-7123-2]


Approval and Promulgation of State Implementation Plans; 
Inspection and Maintenance Program and Fuel Requirements: Alaska

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves two 
revisions to the carbon monoxide (CO) Alaska State Implementation Plan 
(SIP) in the Alaska Administrative Code (AAC). These two revisions to 
the SIP were submitted on February 24, 2000 and February 2, 2001. EPA 
is also granting final approval of Alaska's revised Inspection and 
Maintenance (I/M) Program SIP credit claim to 100% of credit applied to 
centralized I/M programs under Section 348 of the National Highway 
System Designation Act. This claim was resubmitted on November 7, 2001.

DATES: This direct final rule is effective on March 11, 2002 without 
further notice, unless EPA receives adverse comment by February 7, 
2002. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Mr. Wayne Elson, 
Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, Seattle, 
Washington 98101.
    Copies of the State's submittals and other information supporting 
this action are available for inspection 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: Mr. Wayne Elson, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1463.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

A. What SIP amendments is EPA approving?
B. What are I/M programs?
C. What are the changes that have been made to Alaska's I/M program 
that EPA is approving?
D. What is the new ``sticker program'?
E. What changes are being made to oxygenated fuel requirements?
F. What is I/M program credit?
G. What is the basis for EPA's final approval of Alaska's I/M 
program credit claim of 100%?
H. How do these approvals effect on-going air quality planning in 
Alaska?

A. What SIP Amendments Is EPA Approving?

    The following table outlines the submittals EPA received and is 
approving in this action:

------------------------------------------------------------------------
        Date of submittal to EPA                   Items revised
------------------------------------------------------------------------
2-24-2000...............................  --Alaska State Air Quality
                                           Control Plan: Volume II,
                                           Sections II, III.A., III.B.,
                                           and III.C.
                                          --Emissions Inspection and
                                           Maintenance Requirements for
                                           Motor Vehicles 18 AAC 52.
                                          --Alaska Inspection and
                                           Maintenance Program Manual
                                           Amendments 18 AAC 50.
2-2-2001................................  --Alaska State Air Quality
                                           Control Plan: Volume II,
                                           Sections II, III.A., III.B.,
                                           and III.C. 18 AAC 50.
                                          --Emissions Inspection and
                                           Maintenance Requirements for
                                           Motor Vehicles 18 AAC 52.
                                          --Fuel Requirements for Motor
                                           Vehicles, and Air Quality
                                           Control Plan 18 AAC 53.

[[Page 823]]

 
11-7-2001...............................  --Alaska ECOS/STAPPA/EPA I/M
                                           Credit Evaluation Data
                                           resubmittal under the
                                           National Highway System
                                           Designation Act.
------------------------------------------------------------------------

    The SIP revisions cover amendments to I/M requirements for Motor 
Vehicles (18 AAC 52), the State Air Quality Control Plan (18 AAC 50), 
and Fuel Requirements for Motor Vehicles (18 AAC 53). The most salient 
aspects of these rule changes include: requiring new I/M equipment 
specifications and amending the Alaska I/M Program Manual; delaying the 
start date for On-Board Diagnostic (OBD II) I/M test requirements; 
making vehicle stickers mandatory; removing the ``fast fail'' option 
and begin to require that all inspections be full and complete; and 
streamlining and updating several portions of the Alaska Air Quality 
Control Plan for more efficient reading and organization. This final 
approval of Alaska's I/M program credit claim to 100% removes the 
interim status of EPA's interim approvals of October 10, 1996 (61 FR 
53163) and May 19, 1997 (62 FR 27199) for 85% of credit applied to 
centralized I/M programs.

B. What Are I/M Programs?

    In local areas I/M programs are designed to reduce motor vehicle 
emissions by requiring that vehicles periodically pass a tailpipe 
emissions test or, depending on the model year, a check of the OBD II 
system. Vehicles emissions are reduced when vehicles are repaired in 
order to pass these tests.

C. What Are the Changes That Have Been Made To Alaska's I/M Program 
That EPA Is Approving?

    The changes being made update the 
I/M regulations and program manual to include new equipment 
specifications scheduled for early in the year 2000. These are called 
the ``Alaska 2000 Emissions Inspection System''. The new specifications 
are necessary to replace any obsolete hardware and software with up-to-
date versions; to avoid possible Y2K malfunctions; and to incorporate 
federal requirements for OBD II I/M emissions testing on new vehicles. 
Other changes include: implementing a vehicle sticker requirement to 
help visually identify vehicles in compliance with the program; 
removing of the ``fast fail'' option and requiring that all inspections 
be full and complete; increasing the state's flexibility in 
establishing motorist response time when they are issued a violation; 
expanding equipment manufacturer enforcement and certification 
criteria; and expanding the definition of ``motorist'' to include any 
operator of a motor vehicle within a nonattainment area. Also the start 
date for OBD II I/M test requirements will be delayed from January, 1, 
2001 to July 1, 2001. The Air Quality Control Plan will be updated for 
equipment references, make ``plain English'' clarifications, remove 
redundancies, and update program information.

D. What Is the New ``Sticker Program''?

    EPA first approved the use of a sticker program in Alaska for the 
I/M program in a previous SIP revision (64 FR 72940, December 29, 
1999). The new provision requires that the highly visible ``sticker'' 
program be implemented. This is to help visually identify vehicles in 
compliance with the I/M program.

E. What Changes Are Being Made To Oxygenated Fuel Requirements?

    Gasoline fuel distributors, also referred to as Control Area 
Responsible parties (CAR), pay fees to ADEC to operate the oxygenated 
fuel program. These fees are being reduced to better match the costs of 
implementing the requirements of the oxygenated fuels program. This 
will reduce the initial costs by the CAR and reduce the unused fees 
refunded by ADEC at the end of the year.

F. What Is I/M Program Credit?

    The National Highway System Designation Act of 1995 allowed states 
implementing a decentralized I/M programs, such as Alaska, to submit a 
SIP amendment that would allow more emissions credit than allowed under 
the automatic discount of 50% programmed in EPA's mobile emissions 
model (currently MOBILE5).

G. What Is the Basis for EPA's Final Approval of Alaska's I/M 
Credit Claim of 100%?

    EPA is approving the I/M program credit claim of 100% under Section 
348 of the National Highway System Designation Act of 1995 and Section 
110 of the Clean Air Act. EPA proposed interim approvals on October 10, 
1996 (61 FR 53163) and May 19, 1997 (62 FR 27199) for 85% of credit 
applied to centralized I/M programs. No comments were received by EPA 
on these interim approvals. The state subsequently submitted a 
qualitative program evaluation to document the credit claim on November 
18, 1998. However, the state recognized that this credit request was 
probably conservative and that, based on new information and program 
changes, the Anchorage and Fairbanks 
I/M programs could justifiably request 100% credit. The state 
resubmitted the qualitative program on November 7, 2001, claiming 100% 
of centralized I/M program credit. This was done with the provision 
that Anchorage or Fairbanks 
I/M programs could select a lower level of credit (such as 85%). This 
would be viewed as taking a more conservative approach in air quality 
planning rather than a less stringent I/M program.
    The qualitative program evaluation which was already submitted 
(Alaska ECOS/STAPPA/EPA I/M Program Evaluation Data Submittal, November 
1998) demonstrates that Alaska's decentralized I/M program is similar 
to that of Oregon's centralized I/M program. Other improvements in 
Alaska's I/M program between 1995 and 2001 help reinforce this claim. 
Among these improvements include new test equipment, test procedures 
and quality control/quality assurance procedures that increase test 
accuracy and reduce fraud.

H. How Do These Approvals Effect On-Going Air Quality Planning in 
Alaska?

    The Municipality of Anchorage and Fairbanks North Star Borough are 
currently preparing and submitting SIP revisions to demonstrate 
attainment of the national ambient air quality standard for carbon 
monoxide. The I/M program is an important and integral part of the 
ongoing local control measures for both communities. EPA's approval of 
these submittals, which include improvements and updates to the I/M 
programs in each community will support and strengthen these programs.

I. Summary of Action

    The SIP revisions include amendments to I/M requirements for Motor 
Vehicles (18 AAC 52), the State Air Quality Control Plan (18 AAC 50), 
and Fuel Requirements for Motor Vehicles (18 AAC 53). EPA approves 
streamlining and updating of several portions of the Alaska Air Quality 
Control Plan for more efficient reading and organization. This action 
also promulgates final approval of Alaska's 
I/M program credit claim to 100% and removes the interim status of 
EPA's interim approvals of October 10, 1996

[[Page 824]]

(61 FR 53163) and May 19, 1997 (62 FR 27199) for 85% of credit applied 
to centralized I/M programs.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment 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 March 11, 2002 
without further notice unless the Agency receives adverse comments by 
February 7, 2002.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register 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 on this action. 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 March 11, 2002 and no further action 
will be taken on the proposed rule. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

II. 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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
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 approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, 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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action merely approves a state rule 
implementing a Federal standard, 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    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. 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).
    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 March 11, 2002. 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 record keeping requirements.

    Dated: December 12, 2001.
L. John Iani,
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) (31) to read as 
follows:


Sec. 52.70  Identification of plan.

* * * * *
    (c) * * *
    (31) The Environmental Protection Agency (EPA) approves various 
amendments to the Alaska State Air Quality Control Plan which are 
contained in two separate submittals to EPA, dated February 24, 2000 
and February 2, 2001, and which include the inspection and maintenance 
and fuels program.
    (i) Incorporation by reference.
    (A) Air Quality Control Regulations, 18 AAC 50. Effective December 
30, 2000: Section 030.
    (B) Emissions Inspection and Maintenance Requirements for Motor 
Vehicles 18 AAC 52.
    (1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035; 
037; 055; 060;

[[Page 825]]

065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510; 515; 520; 525; 
527; 530; 535; and 540.
    (2) Effective December 30, 2000: Sections 050 and 990.
    (C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective 
December 30, 2000: Section 080.

[FR Doc. 02-218 Filed 1-7-02; 8:45 am]
BILLING CODE 6560-50-P