[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Proposed Rules]
[Pages 25869-25873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket  AK-04-001; FRL-7659-1]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes: Alaska; Anchorage Carbon 
Monoxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On February 18, 2004, the State of Alaska submitted a carbon 
monoxide (CO) maintenance plan for the Anchorage CO nonattainment area 
to EPA for approval. The State concurrently requested that EPA 
redesignate the Anchorage CO nonattainment area to attainment for the 
National Ambient Air Quality Standard (NAAQS) for CO. In this action, 
EPA is proposing approval of the maintenance plan and redesignation of 
the Anchorage CO nonattainment area to attainment.

DATES: Comments must be received on or before June 9, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. AK-04-001, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: (206) 553-0110.
     Mail: Office of Air Quality, Environmental Protection 
Agency, Mail code: OAQ-107, 1200 Sixth Ave., Seattle, Washington 98101.

[[Page 25870]]

     Hand Delivery: Environmental Protection Agency, 14th 
Floor, 1200 Sixth Ave., Seattle, Washington 98101. Such deliveries are 
only accepted during normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. AK-04-001. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: Publicly available docket materials are available in hard 
copy at the Office of Air Quality, Environmental Protection Agency, 
Mail code: OAQ-107, 1200 Sixth Ave., Seattle, Washington 98101, open 
from 8 a.m.-4:30 p.m., Monday through Friday, excluding legal holidays. 
The telephone number is (206) 553-1086. Copies of the submittal, and 
other information relevant to this proposal are available for public 
inspection during normal business hours at the Alaska Department of 
Environmental Conservation, 410 Willoughby Avenue, Suite 303, Juneau, 
Alaska 99801-1795.

FOR FURTHER INFORMATION CONTACT: Connie Robinson, Office of Air 
Quality, Region 10, Mail code OAQ-107, Environmental Protection Agency, 
1200 Sixth Avenue, Seattle, Washington 98101; telephone number: (206) 
553-1086; fax number: (206) 553-0110; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

I. General Information
II. What Action is EPA taking?
III. What is the background for this Action?
IV. What Evaluation Criteria were used for the Maintenance Plan and 
Redesignation Request Review?
V. EPA's Evaluation of the Anchorage Maintenance Plan and 
Redesignation Request
    A. How does the State Show the Area Has Attained the CO NAAQS?
    B. Does the Area have a fully approved SIP under section 110(k) 
of the Act and has the area met all the relevant requirements under 
section 110 and part D of the Act?
    C. Are the Improvements in Air Quality Permanent and 
Enforceable?
    D. Has the State Submitted a Fully Approved Maintenance Plan 
under section 175A of the Act?
    E. Did the State provide adequate attainment year and 
maintenance year emissions inventories?
    Table 1 Anchorage 2002 CO Attainment Year Actual Emissions and 
2004, 2006, 2008, 2010, 2013, 2023 Projected Emissions (Tons CO/
Winter Day)
    F. How will this action affect the oxygenated gasoline program 
in Anchorage?
    G. How will the State continue to verify attainment?
    H. What contingency measures does the State provide?
    I. How will the State provide for subsequent maintenance plan 
revisions?
    J. How does this action affect Transportation Conformity in 
Anchorage?
    Table 2 Anchorage Maintenance Area Motor Vehicle Emissions 
Budgets through 2023 and beyond (Tons CO/Winter Day)
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through regulations.gov or e-mail. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 Code of 
Federal Regulations (CFR) part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action Is EPA Taking?

    EPA is proposing to approve the Anchorage CO Maintenance plan and 
redesignate the Anchorage area from nonattainment for CO to attainment 
as requested by the Governor of Alaska on February 18, 2004. The 
maintenance plan demonstrates that Anchorage will be able to remain in 
attainment for the next 10 years. The Anchorage, Alaska CO 
nonattainment area is eligible for redesignation to attainment because 
air quality data shows that it has not recorded a violation of the 
primary or secondary CO air quality standards since 1996.

III. What Is the Background for This Action?

    Upon enactment of the 1990 Clean Air Act Amendments (the Act), 
areas meeting the requirements of section 107(d) of the Act were 
designated nonattainment for CO by operation of law. Under section 
186(a) of the Act, each CO nonattainment area was also classified by 
operation of law as either moderate or serious depending on the 
severity of the area's air quality problems. Anchorage was classified 
as a

[[Page 25871]]

moderate CO nonattainment area. Moderate CO nonattainment areas were 
expected to attain the CO NAAQS as expeditiously as practicable but no 
later than December 31, 1995. Anchorage did not have the two years of 
clean data required to attain the standard by the required attainment 
date for CO moderate areas. Under section 186(a)(4) of the Act, Alaska 
requested and EPA granted a one-year extension of the attainment date 
deadline to December 31, 1996 (61 FR 33676, June 28, 1996). If a 
moderate CO nonattainment area was unable to attain the CO NAAQS by the 
attainment date deadline, the area was reclassified as a serious CO 
nonattainment area by operation of law. Anchorage was unable to meet 
the CO NAAQS by December 31, 1996, and was reclassified as a serious 
nonattainment area effective July 13, 1998.
    On July 12, 2001, EPA made a determination based on air quality 
data that the Anchorage CO nonattainment area in Alaska attained the 
NAAQS for CO by December 31, 2000, the deadline for serious areas as 
required by the Act. (See 66 FR 36476, July 12, 2001.)
    On January 4, 2002, the Alaska Department of Environmental 
Conservation submitted the Anchorage CO attainment plan as a revision 
to the Alaska SIP. We reviewed and subsequently approved the revision 
effective October 18, 2002. (See 67 FR 58711, September 18, 2002.)

IV. What Evaluation Criteria Were Used for the Maintenance Plan and 
Redesignation Request Review?

    Section 107(d)(3)(E) of the Act states that EPA can redesignate an 
area to attainment if the following conditions are met:

    A. The area has attained the applicable NAAQS.
    B. The area has a fully approved SIP under section 110(k) of the 
Act and the area meets all the relevant requirements under section 110 
and part D of the Act.
    C. The air quality improvement is permanent and enforceable.
    D. The area has a fully approved maintenance plan under section 
175A of the Act.

V. EPA's Evaluation of the Anchorage Maintenance Plan and Redesignation 
Request

    EPA has reviewed the State's maintenance plan and redesignation 
request. The following is a summary of EPA's evaluation and a 
description of how each of the requirements is met.

A. How Does the State Show the Area Has Attained the CO NAAQS?

    To attain the CO NAAQS, an area must have complete quality-assured 
data showing no more than one exceedance of the standard in a year at 
any monitoring site in the nonattainment area for at least two 
consecutive years. The proposed redesignation of Anchorage is based on 
air quality data that shows the CO standard was not violated from 1997 
through 2003, or since. These data were collected by the Municipality 
of Anchorage (MOA) in accordance with 40 CFR 50.8, following EPA 
guidance on quality assurance and quality control, and entered in the 
EPA Air Quality System database. Since the Anchorage, Alaska area has 
complete quality-assured monitoring data showing attainment with no 
violations after 1977, the area has met the statutory criterion for 
attainment of the CO NAAQS and EPA has already found that the Anchorage 
area attained the NAAQS. The MOA has committed to continue monitoring 
in the area in accordance with 40 CFR part 58.

B. Does the Area Have a Fully Approved SIP Under Section 110(k) of the 
Act and Has the Area Met All the Relevant Requirements Under Section 
110 and Part D of the Act?

    Yes. Anchorage was classified as a moderate nonattainment area on 
enactment of the Act in 1990. Anchorage was unable to meet the CO NAAQS 
by December 31, 1996, and was reclassified a serious nonattainment area 
effective July 13, 1998. Therefore, the requirements applicable to the 
Anchorage nonattainment area for inclusion in the Alaska SIP included 
an attainment demonstration, base year emission inventory with periodic 
updates, an oxygenated gasoline program, basic motor vehicle 
inspection/maintenance (I/M) program, contingency measures, conformity 
procedures, and a permit program for new or modified major stationary 
sources. EPA has previously approved all elements required in the 
Alaska SIP.

C. Are the Improvements in Air Quality Permanent and Enforceable?

    Yes. Emissions reductions were achieved through permanent and 
enforceable control measures in the attainment plan, including the 
Federal Motor Vehicle Control Program, establishing emission standards 
for new motor vehicles; an oxygenated gasoline program, and a basic I/M 
program.
    The MOA has demonstrated that permanent and enforceable emission 
reductions are responsible for the air quality improvement and the CO 
emissions in the base year are not artificially low due to a local 
economic downturn or unusual or extreme weather patterns. We believe 
the combination of certain existing EPA-approved SIP and Federal 
measures resulted in permanent and enforceable reductions in ambient CO 
levels that have allowed the area to attain the CO NAAQS.

D. Has the State Submitted a Fully Approved Maintenance Plan Under 
Section 175A of the Act?

    Today's action by EPA proposes approval of the Anchorage CO 
maintenance plan. Section 175A sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
To provide for the possibility of future NAAQS violations, the 
maintenance plan must contain contingency measures, with a schedule for 
adoption and implementation adequate to assure prompt correction of any 
air quality problems. Section 175(d) of the Act requires retention of 
all control measures contained in the SIP before redesignation as 
contingency measures in the CO maintenance plan. The oxygenated 
gasoline program, a control measure contained in the Anchorage SIP 
before redesignation, has been removed as a control measure and is now 
a primary contingency measure in the maintenance plan. The plan must 
demonstrate continued attainment of the applicable NAAQS for at least 
10 years after the Administrator approves a redesignation to 
attainment. Eight years after the redesignation, the State must submit 
a revised maintenance plan which demonstrates attainment for the 10 
years following the initial 10-year period. The Anchorage CO 
maintenance plan meets the requirements of 175A.

E. Did the State Provide Adequate Attainment Year and Maintenance Year 
Emissions Inventories?

    Yes. The MOA submitted comprehensive inventories of CO emissions 
from point, area and mobile sources using 2002 as the attainment year. 
Since air monitoring recorded attainment of CO in 2002, this is an 
acceptable year for the attainment year inventory. This data was then 
used in calculations to demonstrate the CO standard will be maintained 
in future years. The MOA calculated projected inventories for 2004, 
2006, 2008, 2013 and 2023. Future emission estimates are based on 
forecast assumptions about growth in population, employment and 
transportation.

[[Page 25872]]

    Mobile sources are the greatest source of CO. Although vehicle use 
is expected to increase in the future, more stringent Federal 
automobile standards and removal of older, less efficient cars over 
time will still result in an overall decline in CO emissions. The 
projections in the maintenance plan demonstrate that future emissions 
are not expected to exceed attainment year levels.
    Total CO emissions were projected from the 2002 attainment year out 
to 2023. These projected inventories were prepared according to EPA 
guidance. Because compliance with the 8-hour CO standard is linked to 
average daily emissions, emission estimates reflecting a typical winter 
season day (tons of CO a day) were used for the maintenance 
demonstration. The MOA calculated these emissions without the 
implementation of the oxygenated gasoline program. The projections show 
that CO emissions calculated without the implementation of the 
oxygenated gasoline program are not expected to exceed 2002 attainment 
year levels. The following table summarizes the 2002 attainment year 
emissions, and projects maintenance year emissions. The Anchorage 
Transportation Model was run for analysis years 2003, 2013 and 2023. 
Emissions for intervening years were calculated by a straight line 
interpolation; however, mobile source emission factors for all years 
evaluated were estimated by running MOBILE6.

  Table 1.--Anchorage 2002 CO Attainment Year Actual Emissions and 2004, 2006, 2008, 2010, 2013, 2023 Projected
                                                    Emissions
                                              [Tons CO/winter day]
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                      Year                          Mobile      Non-road       Area        Point        Total
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2002...........................................        92.94        12.87        13.03         1.45       120.29
2004...........................................        92.34        13.36        13.24         1.48       120.42
2006...........................................        91.01        13.84        13.37         1.51       119.73
2008...........................................        71.46        14.32        13.49         1.53       100.80
2010...........................................        67.72        14.80        13.60         1.56        97.68
2013...........................................        62.91        15.52        13.81         1.60        93.84
2023...........................................        60.45        17.85        16.22         1.86        96.38
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    Detailed inventory data for this action is contained in the docket 
maintained by EPA.

F. How Will This Action Affect the Oxygenated Gasoline Program in 
Anchorage?

    The oxygenated gasoline program has been removed as a control 
measure. The MOA's maintenance demonstration shows the area is expected 
to continue to meet the CO NAAQS without the oxygenated gasoline 
program. The oxygenated gasoline program is a contingency measure in 
the maintenance plan.

G. How Will the State Continue to Verify Attainment?

    Under 40 CFR part 58 and EPA's Redesignation Guidance, the MOA has 
committed to analyze air quality data annually to verify continued 
attainment of the CO NAAQS. The MOA will also conduct a comprehensive 
review of plan implementation and air quality status eight years after 
redesignation. The State will then submit a SIP revision that includes 
a full emissions inventory update and provides for the continued 
maintenance of the standard for 10 years beyond the initial 10-year 
period.

H. What Contingency Measures Does the State Provide?

    The oxygenated gasoline program, a control measure contained in the 
SIP before redesignation, is a primary contingency measure in the 
maintenance plan. This contingency measure will be reinstated in the 
event of a quality-assured violation of the NAAQS for CO at any 
permanent monitoring site in the nonattainment area. A violation will 
occur when any monitoring site records two eight-hour average CO 
concentrations that exceed the NAAQS in a single calendar year. If 
triggered, this contingency measure would require all gasoline blended 
for sale in Anchorage to meet requirements identical to those of the 
oxygenated gasoline program. Implementation will continue throughout 
the balance of the CO maintenance period, or until a reassessment of 
the ambient CO monitoring data establishes the contingency measure is 
no longer needed and EPA agrees to a revision.
    Maintenance projections presented by the MOA suggest the highest 
emissions will occur in the first few years (2004-2006) of the 
maintenance plan period. The MOA is implementing several new programs 
during the next few years. Transit service was expanded in July 2003 
and additional route enhancements are slated to begin in 2004 and 
continue through 2006. The engine block heater and public awareness 
program will continue with a renewed focus on residential areas through 
2006. Implementing these contingency measures provides an added measure 
of assurance of continued compliance with the NAAQS.

I. How Will the State Provide for Subsequent Maintenance Plan 
Revisions?

    Under section 175Ab) of the Act, the State has agreed to submit a 
revised maintenance plan eight years after the area is redesignated to 
attainment. That revised SIP must provide for maintenance of the 
standard for an additional 10 years. It will include a full emissions 
inventory update and projected emissions demonstrating continued 
attainment for 10 additional years.

J. How Does This Action Affect Transportation Conformity in Anchorage?

    Under section 176(c) of the Act, transportation plans, programs, 
and projects in nonattainment or maintenance areas that are funded or 
approved under 23 U.S.C. or the Federal Transit Act, must conform to 
the applicable SIPs. A transportation plan is deemed to conform to the 
applicable SIP if the emissions resulting from implementation of that 
transportation plan are less than or equal to the motor vehicle 
emission level established in the SIP for the maintenance year and 
other analysis years.
    In this maintenance plan, procedures for estimating motor vehicle 
emissions are well documented. For transportation conformity and 
regional emissions analysis purposes, an emissions budget has been 
established for on-road motor vehicle emissions in the Anchorage 
maintenance area. The transportation

[[Page 25873]]

emissions budgets for the plan are shown in Table 2.

                              Table 2.--Anchorage Maintenance Area Motor Vehicle Emissions Budgets Through 2023 and Beyond
                                                                  [Tons CO/winter day]
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              Year                     2004        2005        2006        2007        2008        2009        2010        2011        2012        2013
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Budget..........................      111.0       110.7       110.4       110.0       109.7       109.4       109.1       108.8       108.5       108.1
---------------------------------
              Year                     2014        2015        2016        2017        2018        2019        2020        2021        2022        2023
---------------------------------
Budget..........................      107.1       106.6       106.1       105.6       105.1       104.6       104.1       103.6       103.1       103.1
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    Emission budgets for years beyond 2023 are to be computed through 
linear extrapolation with the following equation: Mobile Source 
Emission Budget (tons per day) = 0.438 x Year - 2023 + 103.34.
    EPA found these motor vehicle emissions budgets adequate for 
conformity purposes. See 69 FR 12651, March 17, 2004.

VI. Proposed Action

    EPA is proposing approval of the Anchorage CO Maintenance Plan and 
redesignation of the Anchorage CO nonattainment area to attainment. 
This proposed redesignation is based on validated monitoring data and 
projections made in the maintenance demonstration. EPA believes the 
area will continue to meet the NAAQS for CO for at least 10 years 
beyond this redesignation, as required by the Act. Alaska has 
demonstrated compliance with the requirements of section 107(d)(3)(E) 
based on information provided by the MOA and contained in the Alaska 
SIP and Anchorage, Alaska CO maintenance plan. A Technical Support 
Document on file at the EPA Region 10 office contains a detailed 
analysis and rationale in support of the redesignation of the Anchorage 
CO nonattainment area to attainment.

VII. Statutory and Executive Order Reviews

    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. 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 
proposed action merely proposes to approve State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. 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 rule proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

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

    Dated: April 29, 2004.
Julie Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. 04-10553 Filed 5-7-04; 8:45 am]
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