[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Rules and Regulations]
[Pages 44601-44607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17062]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket : AK-04-002a; FRL-7792-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On June 21, 2004, the State of Alaska submitted a carbon 
monoxide (C) maintenance plan for the Fairbanks nonattainment area to 
EPA for approval. The State concurrently requested that EPA redesignate 
the Fairbanks CO nonattainment area to attainment for the National 
Ambient Air Quality Standard (NAAQS) for CO. In this action, EPA is 
approving the maintenance plan and redesignating the Fairbanks CO 
nonattainment area to attainment.

DATES: This direct final rule will be effective on September 27, 2004, 
without further notice, unless EPA receives comments by August 26, 
2004. If comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. AK-04-002, 
by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.

[[Page 44602]]

     E-mail: [email protected].
     Fax: (206) 553-0110.
     Mail: Office of Air, Waste, and Toxics, Environmental 
Protection Agency, Mail code: OAQ-107, 1200 Sixth Ave., Seattle, 
Washington 98101.
     Hand Delivery: Environmental Protection Agency, Office of 
Air, Waste, and Toxics, OAQ-107, 9th 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-04-002. 
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. For 
additional instructions on submitting comments, go to I. General 
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: Publicly available docket materials are available in hard 
copy at the Office of Air, Waste, and Toxics, EPA Region 10, 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.

FOR FURTHER INFORMATION CONTACT: Connie L. Robinson, Office of Air, 
Waste and Toxics, EPA Region 10, Mail code: OAQ-107 1200 Sixth Avenue, 
Seattle WA 98101, telephone number: (206) 553-1086, or 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 Fairbanks Maintenance Plan and 
Redesignation Request
    A. How Does the State Show That 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 
Pursuant to Section 175A of the Act?
    E. Did the State Provide Adequate Attainment Year and 
Maintenance Year Emissions Inventories?
    Table 1 Fairbanks 2002 Attainment Year Actual Emissions, and 
2015 Projected Emissions (Tons CO/Winter Day)
    F. How Will the State Continue To Verify Attainment?
    G. What Contingency Measures Does the State Provide?
    H. How Will the State Provide for Subsequent Maintenance Plan 
Revisions?
    I. Are the Motor Vehicle Emission Budgets Approvable as Required 
by Section 176(c)(2)(A) of the Act and Outlined in the Conformity 
Rules, 40 CFR 93.118(e)(4)?
    Table 2 Fairbanks Emissions Budgets (Tons CO/Winter Day)
VI. Final 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 approving the Fairbanks CO maintenance Plan and 
redesignating the Fairbanks Nonattainment Area from nonattainment to 
attainment for CO as requested by the State of Alaska on June 21, 2004. 
The maintenance plan demonstrates that Fairbanks will be able to remain 
in attainment for the next 10 years. The Fairbanks, 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 1999.

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

[[Page 44603]]

classified by operation of law as either moderate or serious depending 
on the severity of the area's air quality problems. Fairbanks was 
classified as a 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. If a 
moderate CO nonattainment area was unable to attain the CO NAAQS by 
December 31, 1995, the area was reclassified as a serious CO 
nonattainment area by operation of law. Fairbanks was unable to meet 
the CO NAAQS by December 31, 1995, and was reclassified as a serious 
nonattainment area effective March 30, 1998.
    Fairbanks did not have the two years of clean data required to 
attain the standard by December 31, 2000, the required attainment date 
for CO serious areas, and 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, 2001 (66 FR 28836, May 25, 2001). EPA made a 
determination based on air quality data that the Fairbanks CO 
nonattainment area in Alaska attained the NAAQS for CO of attainment 
for CO effective August 5, 2002 (67 FR 44769, July 5, 2002).
    On August 30, 2001, the Alaska Department of Environmental 
Conservation (ADEC) submitted the Fairbanks CO attainment plan as a 
revision to the Alaska SIP. We reviewed and subsequently approved the 
revision effective April 5, 2002. (See 67 FR 5064, February 4, 2002.)

IV. What Evaluation Criteria Was 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:
    1. The State must attain the applicable NAAQS.
    2. The area must have a fully approved SIP under section 110(k) of 
the Act and the area must meet all the relevant requirements under 
section 110 and part D of the Act.
    3. The air quality improvement must be permanent and enforceable.
    4. The area must have a fully approved maintenance plan pursuant to 
section 175A of the Act.

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

    EPA has reviewed the State's maintenance plan and redesignation 
request. EPA believes the ADEC submittal meets the requirements of 
section 107(d)(3)(E). The following is a summary of EPA's evaluation 
and a description of how each of the above requirements is met.

A. How Does the State Show That 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 per year at 
any monitoring site in the nonattainment area for at least two 
consecutive years. The redesignation of Fairbanks is based on air 
quality data that shows that the CO standard was not violated from 2000 
through 2003, or since. These data were collected by ADEC in accordance 
with 40 CFR 50.8, and entered in the EPA Air Quality System database 
following EPA guidance on quality assurance and quality control. Since 
the Fairbanks, Alaska area has complete quality-assured monitoring data 
showing attainment with no violations after 1999, the area has met the 
statutory criterion for attainment of the CO NAAQS and EPA has already 
found that the Fairbanks area attained the NAAQS (67 FR 44769, July 5, 
2002).

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. Fairbanks was classified as a moderate nonattainment area upon 
enactment of the Act in 1990. Fairbanks was unable to meet the CO NAAQS 
by December 31, 1995, and was reclassified a serious nonattainment area 
effective March 30, 1998. Therefore, the requirements applicable to the 
Fairbanks nonattainment area for inclusion in the Alaska SIP included 
an attainment demonstration, 1995 base year emission inventory with 
periodic updates, 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 of these required elements into the Alaska SIP 
(67 FR 5064, February 4, 2002).

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

    Yes. Emissions reductions were achieved through a number of 
permanent and enforceable control measures including the Federal Motor 
Vehicle Control Program establishing emission standards for new motor 
vehicles; a basic I/M program, a technician training and certification 
program, and an engine-block heater program.
    ADEC has demonstrated that permanent and enforceable emission 
reductions are responsible for the air quality improvement and that 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 result in permanent and enforceable reductions in ambient CO 
levels that have allowed the area to attain the NAAQS.

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

    Probabilistic rollback modeling conducted by Fairbanks indicated 
that additional emission reductions must be achieved to ensure 
attainment of the NAAQS for the maintenance period. Therefore, 
Fairbanks has committed to implementing additional CO control measures 
for the maintenance period. The Fairbanks North Star Borough Assembly 
has adopted an ordinance that implements an episodic woodstove burning 
ban whenever the Borough declares an air quality alert, and a consumer-
based oxygen sensor replacement program will begin in 2004. Today's 
action by EPA approves the additional control measures and the 
Fairbanks CO maintenance plan.
    Section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. The plan 
must demonstrate continued attainment of the applicable NAAQS for at 
least ten 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 ten 
years following the initial ten-year period. The maintenance plan must 
contain contingency measures to be implemented if future NAAQS 
violations occur. The Fairbanks CO maintenance plan meets the 
requirements of 175A.

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

    Yes. ADEC 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 that the CO standard will

[[Page 44604]]

be maintained in future years. ADEC calculated inventories for 2003-
2015. Future emission estimates are based on forecast assumptions of 
reductions due to control measures, growth of the regional economy and 
vehicle miles traveled.
    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 2015. 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 per day) were used for the maintenance 
demonstration. The following table summarizes the 2002 attainment year 
actual emissions and the 2015 projected emissions. The on-road mobile 
emissions were modeled for 2003 and 2015 using MOBILE6 (version 6.2). 
Emissions for intervening years were calculated on the basis of a 
straight line interpolation between 2002 and 2015.

                  Table 1.--2002 Attainment Year Actual Emissions, and 2015 Projected Emissions
                                              (Tons CO/Winter day)
----------------------------------------------------------------------------------------------------------------
                           Year                              Mobile      Area     Non-road    Point      Total
----------------------------------------------------------------------------------------------------------------
2002 Attainment Year (Actuals)...........................      29.18       1.03       3.66       4.36      38.23
2015 Maintenance Year (Projected)........................      15.78       1.10       4.18       4.77      25.83
----------------------------------------------------------------------------------------------------------------

    Detailed inventory data for this action is contained in the docket 
maintained by EPA.

F. How Will the State Continue to Verify Attainment?

    In accordance with 40 CFR part 58 and EPA's Redesignation Guidance, 
the Fairbanks North Star Borough has committed to continue monitoring 
in this area in accordance with 40 CFR part 58. ADEC 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 ten years beyond the 
initial ten-year period.

G. What Contingency Measures Does the State Provide?

    Contingency strategies include but are not limited to additional 
plug-ins, bus fleet replacement, paratransit vehicle replacement, road 
system improvements, and I/M program improvements. These measures are 
included in the Statewide Transportation Improvement Program and are 
scheduled for implementation.

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

    In accordance with section 175A(b) of the Act, the State has agreed 
to submit a revised maintenance SIP eight years after the area is 
redesignated to attainment. That revised SIP must provide for 
maintenance of the standard for an additional ten years. It will 
include a full emissions inventory update and projected emissions 
demonstrating continued attainment for ten additional years.

I. Are the Motor Vehicle Emission Budgets Approvable as Required by 
Section 176(c)(2)(A) of the Act and Outlined in the Conformity Rules, 
40 CFR 93.118(e)(4)?

    Section 176(c)(2)(A) of the Act requires regional transportation 
plans to be consistent with the motor vehicle emissions budget 
contained in the applicable air quality plan for the Fairbanks area. 
The motor vehicle emissions budgets that are established for the 2002 
attainment year and for 2010 and 2015 are approved for Fairbanks. They 
are as follows:

           Table 2.--Fairbanks Motor Vehicle Emissions Budgets
                          [Tons CO/Winter Day]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Year...................................       2004       2010       2015
CO emissions...........................      26.77      22.95      22.57
------------------------------------------------------------------------

    The TSD summarizes how the CO motor vehicle emissions budget meets 
the criteria contained in the conformity rule.

VI. Final Action

    EPA is approving the Fairbanks CO Maintenance Plan and 
redesignating the Fairbanks CO nonattainment area to attainment. This 
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 ten 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 ADEC and contained in the Alaska SIP and 
Fairbanks, 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 Fairbank's CO 
nonattainment area to attainment.

VII. 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 rule approves pre-existing requirements

[[Page 44605]]

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. 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. 
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 September 27, 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, 
Wilderness areas.

    Dated: July 19, 2004.
L. John Iani,
Regional Administrator, Region 10.

0
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)(35) to read as 
follows:


Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *
    (35) On June 21, 2004, the Alaska Department of Environmental 
Conservation submitted a carbon monoxide maintenance plan and requested 
the redesignation of Fairbanks to attainment for carbon monoxide. The 
State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) 18AAC50.015, Air quality designations, classifications, and 
control regions, as in effect June 24, 2004.
    (B) Assembly Ordinance No. 2003-71--An Ordinance amending the 
Carbon Monoxide Emergency Episode Prevention Plan including 
implementing a Woodstove Control Ordinance, adopted October 30, 2003.

0
3. Paragraph (a)(2) of Sec.  52.73 is revised to read as follows:


Sec.  52.73  Approval of plans.

    (a) * * *
    (2) Fairbanks.
    (i) EPA approves as a revision to the Alaska State Implementation 
Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of 
the State Air Quality Control Plan, adopted April 27, 2004 and Volume 
III.C of the Appendices adopted April 27, 2004, effective June 24, 
2004) submitted by the Alaska Department of Environmental Conservation 
on June 21, 2004.
    (ii) Reserved.

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 entries for ``Anchorage Area Anchorage Election 
District (part)'' and ``Fairbanks Area Fairbanks Election District 
(part)'' to read as follows:
* * * * *


Sec.  81.302  Alaska.

[[Page 44606]]



                                                                 Alaska--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                             Date \1\                        Type                        Date \1\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anchorage Area--Anchorage          July 23, 2004...............  Attainment..................
 Election District (part),
 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) feet
 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 (500) 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)
 feet south off 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.
Fairbanks Area--Fairbanks          September 27, 2004..........  Attainment..................
 Election District (part),
 Fairbanks nonattainment area
 boundary: (1) Township 1 South,
 Range 1 West, Sections 2 through
 23, the portion of Section 1
 west of the Fort Wainwright
 military reservation boundary
 and the portions of Section 24
 north of the Old Richardson
 Highway and west of the military
 reservation boundary, also,
 Township 1 South, Range 2 West,
 Sections 13 and 24, the portion
 of Section 12 southwest of Chena
 Pump Road and the portions of
 Sections 7, 8, and 18 and the
 portion of Section 19 north of
 the Richardson Highway.
 (Fairbanks and Ft. Wainwright).
 (2) Township 2 South, Range 2
 East, the portions of Sections 9
 and 10 southwest of the
 Richardson Highway. (North Pole).
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990 unless otherwise noted.


[[Page 44607]]

* * * * *
[FR Doc. 04-17062 Filed 7-26-04; 8:45 am]
BILLING CODE 6560-50-P