[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Rules and Regulations]
[Pages 34935-34937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket No.: AK-04-001; FRL-7777-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, the EPA is approving the State of Alaska 
carbon monoxide (CO) maintenance plan for the Anchorage nonattainment 
area. EPA is also redesignating the Anchorage area from nonattainment 
to attainment for the National Ambient Air Quality Standard (NAAQS) for 
CO.

DATES: This final rule is effective on July 23, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. AK-04-001. Publicly available docket materials are available in 
hard copy at the EPA, Region 10, Office of Air, Waste and Toxics, 1200 
Sixth Avenue, Seattle WA. This Docket facility is open from 8:30-4:00, 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (206) 553-4273.

FOR FURTHER INFORMATION CONTACT: Connie L. Robinson, Office of Air, 
Waste and Toxics (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle 
WA, 9810; 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. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On May 10, 2004, EPA published in the Federal Register, a proposal 
to approve the Anchorage, Alaska CO maintenance plan SIP revision and 
to redesignate the Anchorage CO nonattainment area to ``attainment'' 
for CO. See 69 FR 25869.
    The action to redesignate the Anchorage, Alaska nonattainment area 
to attainment for CO is based on valid monitoring data and projections 
of ambient air quality made in the maintenance demonstration that 
accompanies the maintenance plan. Air quality data shows that it has 
not recorded a violation of the primary or secondary CO air quality 
standards since 1996. EPA believes the area will continue to meet the 
National Ambient Air Quality Standards (NAAQS or standards) for CO for 
at least 10 years beyond this redesignation, as required by the Act.
    A detailed description of our action to approve the Anchorage, 
Alaska CO maintenance plan and redesignation request was published in a 
proposed rulemaking in the Federal Register on May 10, 2004 (69 FR 
25869).

II. Public Comments on the Proposed Action

    EPA provided a 30-day review and comment period and solicited 
comments on our proposal published in the May 10, 2004, Federal 
Register. No comments were received for the proposed rulemaking. EPA is 
now taking final action on the SIP revision consistent with the 
published proposal.

III. Final Action

    EPA is taking final action to approve the Anchorage CO Maintenance 
Plan and to redesignate the Anchorage CO nonattainment area to 
attainment. Alaska has demonstrated compliance with the requirements of 
section 107(d)(3)(E) based on information provided by the Municipality 
of Anchorage 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 Anchorage's CO nonattainment area to 
attainment.

IV. Statutory and Executive Order Reviews

    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

[[Page 34936]]

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 (Pub. L. 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 August 23, 2004. 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

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: June 16, 2004.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:


    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Alaska

0
2. Section 52.70 is amended by adding paragraph (c)(34) to read as 
follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *
    (34) On February 18, 2004, the Alaska Department of Environmental 
Quality submitted a CO maintenance plan and requested the redesignation 
of Anchorage to attainment for CO. The State's maintenance plan, 
attainment year emissions inventory, and the redesignation request meet 
the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) 18AAC50.010, Ambient air quality standards, as effective June 
21, 1998, except for subsections (7) and (8).
    (B) 18AAC50.015, Air quality designations, classifications, and 
control regions, as in effect February 20, 2004.
    (C) 18AAC53.010, Control periods and control areas, as in effect 
February 20, 2004.
    (D) 18AAC53.190, Suspension and reestablishment of control period, 
as in effect February 20, 2004.
    (E) 18AAC50.021, of the State Air Quality Control Plan, as 
referenced in (c)(19)(i)(C) of this section, effective April 23, 1994, 
is removed.

0
3. Paragraph (a)(1)(i) of Sec.  52.73 is revised to read as follows:


Sec.  52.73  Approval of plans.

    (a) * * *
    (1) * * *
    (i) EPA approves as a revision to the Alaska State Implementation 
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section 
III.B of the State Air Quality Control Plan, adopted January 2, 2004, 
effective February 20, 2004 and Volume III of the Appendices adopted 
January 2, 2004, effective February 20, 2004) submitted by the Alaska 
Department of Environmental Conservation on February 18, 2004.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:


    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  81.302, the table entitled ``Alaska--Carbon Monoxide'' is 
amended by revising the entry for ``Anchorage Area Anchorage Election 
District (part)'' to read as follows:
* * * * *


Sec.  81.302  Alaska.

[[Page 34937]]



                                             Alaska--Carbon Monoxide
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                                                            Designation                        Classification
            Designated area            -------------------------------------------------------------------------
                                                Date \1\                    Type             Date \1\     Type
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Anchorage Area:
    Anchorage Election District (part)  July 23, 2004...........  Attainment..............
     Anchorage nonattainment area
     boundary.
    The Anchorage Nonattainment Area
     is contained within the boundary
     described as follows: Beginning
     at a point on the centerline of
     the New Seward Highway five
     hundred (500) feet of the
     centerline of O'Malley Road;
     thence, Westerly along a line
     five hundred (500) south of and
     parallel to the centerline of
     O'Malley Road and its westerly
     extension thereof to a point on
     the mean high tide line of the
     Turnagain Arm; thence,
     Northeasterly along the mean high
     tide line to a point five hundred
     (500) feet west of the southerly
     extension of the centerline of
     Sand Lake Road; thence, Northerly
     along a line five hundred (500)
     feet west of and parallel to the
     southerly extension of the
     centerline of Sand Lake Road to a
     point on the southerly boundary
     of the International Airport
     property; thence, Westerly along
     said property line of the
     International Airport to an angle
     point in said property line;
     thence, Easterly, along said
     property line and its easterly
     extension thereof to a point five
     hundred (500) feet west of the
     southerly extension of the
     centerline of Wisconsin Street;
     thence, Northerly along said line
     to a point on the mean high tide
     line of the Knik Arm; thence,
     Northeasterly along the mean high
     tide line to a point on a line
     parallel and five hundred (500)
     feet north of the centerline of
     Thompson Street and the westerly
     extension thereof; thence,
     Easterly along said line to a
     point five hundred (55) feet east
     of Boniface Parkway; thence,
     Southerly along a line five
     hundred (500) feet east of and
     parallel to the centerline of
     Boniface Parkway to a point five
     hundred (500) feet north of the
     Glenn Highway; thence, Easterly
     and northeasterly along a line
     five hundred (500) feet north of
     and parallel to the centerline of
     the Glenn Highway to a point five
     hundred (500) feet east of the
     northerly extension of the
     centerline of Muldoon Road;
     thence, Southerly along a line
     five hundred (500) feet east of
     and parallel to the centerline of
     Muldoon Road and continuing
     southwesterly on a line of
     curvature five hundred (500) feet
     southeasterly of the centerline
     of curvature where Muldoon Road
     becomes Tudor Road to a point
     five hundred (500) south of the
     centerline of Tudor Road; thence,
     Westerly along a line five
     hundred (500) feet south of the
     centerline of Tudor Road to a
     point five hundred (500) feet
     east of the centerline to Lake
     Otis Parkway; thence, Westerly
     along a line five hundred (500)
     feet south of the centerline of
     O'Malley Road, ending at the
     centerline of the New Seward
     Highway, which is the point of
     the beginning.
 
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\1\ This date is November 15, 1990 unless otherwise noted.

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[FR Doc. 04-14216 Filed 6-22-04; 8:45 am]
BILLING CODE 6560-50-P