[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