Air quality implementation plans; approval and promulgation; various States: Alaska,

[Federal Register: September 23, 1998 (Volume 63, Number 184)]

[Rules and Regulations]

[Page 50762-50764]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23se98-9]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK10-1-7022a; FRL-6162-9]

Approval and Promulgation of Implementation Plans: Alaska

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection Agency (EPA) is approving a revision to the mobile source portion of the 1990 Base Year carbon monoxide(CO) emission inventory of the Anchorage and Fairbanks, Alaska, State CO Implementation Plan. The previous inventory used the MOBILE 4.1 model; the revised inventory estimates use a newer version of the model, MOBILE 5.0a.

DATES: This direct final rule is effective on November 23, 1998 without further notice, unless EPA receives adverse comment by October 23, 1998. 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: Montel Livingston (OAQ-107), Environmental Protection Specialist, Office of Air Quality, EPA, 1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for public inspection at the Air and Radiation Docket and Information Center, Environmental Protection Agency, 401 M Street SW, Washington, D.C. 20460. Copies of material submitted to EPA may be examined during normal

[[Page 50763]]

business hours at the following locations: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101, and the Alaska Department of Environmental Conservation, 410 Willoughby, Room 105, Juneau Alaska.

FOR FURTHER INFORMATION CONTACT: Joan Cabreza, Environmental Scientist, Office of Air Quality (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-8505.

SUPPLEMENTARY INFORMATION:

  1. Background

    On March 1, 1991, the Alaska Department of Environmental Conservation (ADEC) recommended to EPA that the Anchorage and Fairbanks areas be designated nonattainment areas for CO as required by section 107(d)(1)(A) of the Clean Air Act Amendments (the Act) of 1990 (Pub. L. 101-549, 104 stat. 2399, codified at 42 U.S.C. 7401-7671q). Under the Act, states are responsible for conducting an inventory, tracking emissions contributing to nonattainment, and ensuring that control strategies are implemented that reduce emissions and move areas toward attainment. Section 1879(a)(1) of the Act requires CO nonattainment areas to submit a base year inventory that represents actual emissions in the CO season, and that includes stationary point, stationary area, on-road mobile and non-road mobile sources. This inventory is the primary inventory from which other periodic and modeling inventories are derived.

    On February 11, 1997, EPA approved the 1990 base year CO emission inventory for the Anchorage and Fairbanks, Alaska, SIP submitted by ADEC on December 29, 1993. Emission estimates for on-road sources are obtained by use of a model called MOBILE, and this submission used MOBILE 4.1 to estimate the emissions submitted. An upgraded MOBILE model, MOBILE 5.0a, was subsequently released, which ADEC then used to revise its emissions estimates. On December 1, 1994, ADEC submitted a revision to the inventory, based on the results of the new model run. Compared to MOBILE 4.1, MOBILE 5.0a incorporates several new options, calculating methodologies, emission factor estimates, emission control regulations, and internal program designs.

    There are no transportation conformity implications to this action.

  2. Today's Action

    The EPA is approving the December 1, 1994, revision to the mobile source portion of the state carbon monoxide emission inventory for the Anchorage and Fairbanks State Implementation Plans.

    EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal 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 November 23, 1998 without further notice unless the Agency receives adverse comments by October 23, 1998.

    If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule 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. 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 November 23, 1998 and no further action will be taken on the proposed rule.

  3. Administrative Requirements

    1. Executive Order 12866 and 13045

      The Office of Management and Budget (OMB) has exempted this regulatory action from review under E.O. 12866, entitled, ``Regulatory Planning and Review''.

      The final rule is not subject to E.O. 13045, entitled, ``Protection of Children from Environmental Health Risks and Safety Risks'' because it is not an ``economically significant'' action under E.O. 12866.

    2. Regulatory Flexibility Act

      Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

      SIP approvals under section 110 and subchapter I, part D, of the Act do not create any new requirements, but simply approve requirements that the state is already imposing. Therefore, because the federal SIP- approval does not impose any new requirements, I certify that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the federal-state relationship under the Act, preparation of a regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

    3. Unfunded Mandates

      Under section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a federal mandate that may result in estimated annual costs to state, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

      EPA has determined that the approval action does not include a federal mandate that may result in estimated annual costs of $100 million or more to either state, local, or tribal governments in the aggregate, or to the private sector. This federal action approves pre- existing requirements under state or local law, and imposes no new requirements. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, result from this action.

    4. Submission to Congress and the Comptroller General

      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 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. This rule is not a

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      ``major rule'' as defined by 5 U.S.C. 804(2).

    5. Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by November 23, 1998. 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), 42 U.S.C. 7607(b)(2).

    6. Alaska's Audit Law

      Nothing in this action should be construed as making any determination or expressing any position regarding Alaska's audit privilege and penalty immunity law, Alaska Audit Act, AS 09.25.450 et seq. (enacted in 1997) or its impact upon any approved provision in the SIP, including the revision at issue here. The action taken herein does not express or imply any viewpoint on the question of whether there are legal deficiencies in this or any other Clean Air Act program resulting from the effect of Alaska's audit privilege and immunity law. A state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities. EPA may at any time invoke its authority under the Clean Air Act, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by a state audit privilege or immunity law.

      List of Subjects in 40 CFR Part 52

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

      Note: Incorporation by reference of the Implementation Plan for the state of Alaska was approved by the Director of the Office of Federal Register on July 1, 1982.

      Dated: September 4, 1998. Randall F. Smith, Acting 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 52.76 is amended by designating the existing text as paragraph (a) and adding a paragraph (b) to read as follows: Sec. 52.76 1990 Base Year Emission Inventory * * * * *

        (b) EPA approves a revision to the Alaska State Implementation Plan, submitted on December 5, 1994, of the on-road mobile source portion of the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage and Fairbanks.

        [FR Doc. 98-25318Filed9-22-98; 8:45 am]

        BILLING CODE 6560-50-P

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