[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Proposed Rules]
[Pages 42717-42720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[AK 17-1705; FRL-5872-4]


Clean Air Act Reclassification; Fairbanks, Alaska, Carbon 
Monoxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to find that the Fairbanks North Star 
Borough, Alaska, carbon monoxide (CO) nonattainment area has not 
attained the CO national ambient air quality standards (NAAQS) by 
December 31, 1995, the Clean Air Act (CAA) mandated attainment date for 
moderate nonattainment areas. This proposed

[[Page 42718]]

finding is based on EPA's review of monitored air quality data for 
compliance with the CO NAAQS. If EPA takes final action on this 
proposed finding, the Fairbanks CO nonattainment area will be 
reclassified by operation of law as a serious nonattainment area. The 
intended effect of such a reclassification would be to allow the State 
additional time to submit a new State implementation plan (SIP) 
providing for attainment of the CO NAAQS by no later than December 31, 
2000, the CAA attainment deadline for serious CO areas.

DATES: Written comments on this proposal must be received by September 
8, 1997.

ADDRESSES: Written comments should be addressed to M. Livingston, 
Environmental Protection Agency, Office of Air Quality (OAQ 107), 
Docket AK 17-1705, 1200 6th Avenue, Seattle, WA 98101. Information 
supporting this action is available for inspection during normal 
business hours at the following locations: EPA, Office of Air Quality, 
1200 Sixth Avenue, Seattle, Washington 98101, and the Alaska Department 
of Environmental Conservation (ADEC), 410 Willoughby, Suite 105, 
Juneau, Alaska 99801-1795.

FOR FURTHER INFORMATION CONTACT: Montel Livingstone, (206) 553-0180.
    Comment Line: A special CO Fairbanks Air Quality comment line will 
be available during normal business hours. The number may be accessed 
directly by dialing (206) 553-1388, or it may be accessed through a 
toll free telephone number 1-800-424-4372, extension 1388.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and 
Classification.

    The CAA Amendments of 1990 were enacted on November 15, 1990. Under 
section 107(d)(1)(C) of the CAA, each CO area designated nonattainment 
prior to enactment of the 1990 Amendments, such as the Fairbanks area, 
was designated nonattainment by operation of law upon enactment of the 
1990 Amendments. Under section 186(a) of the CAA, each CO area 
designated nonattainment under section 107(d) was also classified by 
operation of law as either ``moderate'' or ``serious'' depending on the 
severity of the area's air quality problem. CO nonattainment areas with 
a design value between 9.1-16.4 parts per million (ppm), such as the 
Fairbanks area, were classified as moderate. These nonattainment 
designations and classifications were codified in 40 CFR part 81. See 
56 FR 56694 (November 6, 1991). States containing CO moderate 
nonattainment areas that were classified as moderate nonattainment by 
operation of law under section 107(d) were required to submit State 
implementation plans (SIPs) designed to attain the CO NAAQS as 
expeditiously as practicable but no later than December 31, 1995. 
<SUP>1</SUP>
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    \1\ The moderate area SIP requirements are set forth in section 
187(a) of the CAA Amendments of 1990 and differ depending on whether 
the area's design value is below or above 12.7ppm. The Fairbanks 
area has a design value below 12.7ppm. 40 CFR part 81.302.
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B. Reclassification to a Serious Nonattainment Area

    1. EPA has the responsibility, pursuant to sections 179(c) and 
186(b)(2) of the CAA, of determining, within six months of the 
applicable attainment date whether the Fairbanks area has attained the 
CO NAAQS. Under section 186(b)(2)(A), if EPA finds that the area has 
not attained the CO NAAQS, it is reclassified as serious by operation 
of law. Pursuant to section 186(b)(2)(B) of the Act, EPA must publish a 
notice in the Federal Register identifying areas which it determines 
failed to attain the standard and therefore must be reclassified as 
serious by operation of law. <SUP>2</SUP> EPA makes attainment 
determinations for CO nonattainment areas based upon whether an area 
has two years (or eight consecutive quarters) of clean air quality 
data. <SUP>3</SUP> Section 179(c)(1) of the CAA states that the 
attainment determination must be based upon an area's ``air quality as 
of the attainment date.'' Consequently, EPA will determine whether an 
area's air quality has met the CO NAAQS by December 31, 1995, based 
upon the most recent two years of air quality data entered into the 
Aerometric Information Retrieval System (AIRS) data base.
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    \2\ Language in the 1996 budget legislation, section 308, H.R. 
1099, U.S. House of Representatives, dated April 15, 1996, 
restricted EPA from taking the action for Fairbanks, AK proposed 
here. ``Sec. 308. None of the funds appropriated under this Act may 
be used to implement the requirements of section 186(b)(2), section 
187(b) or section 211(m) of the Clean Air Act . . . with respect to 
any moderate nonattainment area in which the average daily 
temperature is below 0 degrees Fahrenheit. The preceding sentence 
shall not be interpreted to preclude assistance from the 
Environmental Protection Agency to the State of Alaska to make 
progress toward meeting the CO standard in such areas and to resolve 
remaining issues regarding the use of oxygenated fuels in such 
areas.''
    \3\  See generally memorandum from Sally L. Shaver, Director, 
Air Quality Strategies and Standards Division, EPA, to Regional Air 
Office Directors, entitled ``Criteria for Granting Attainment Date 
Extensions, Making Attainment Determinations, and Determinations of 
Failure to Attain the NAAQS for Moderate CO Nonattainment Areas,'' 
October 23, 1995 (Shaver memorandum).
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    EPA determines a CO nonattainment area's air quality status in 
accordance with 40 CFR part 50.8 and EPA policy. <SUP>4</SUP> EPA has 
promulgated two NAAQS for CO: an 8-hour average concentration and a 1-
hour average concentration. Because there were no violations of the 1-
hour standard recorded in the Fairbanks area in 1994 and 1995, this 
document addresses only the air quality status of the Fairbanks area 
with respect to the 8-hour standard. The 8-hour CO NAAQS requires that 
not more than one non-overlapping 8-hour average per year per 
monitoring site can exceed 9.0ppm (values below 9.5 are rounded down to 
9.0 and they are not considered exceedances). The second exceedance of 
the 8-hour CO NAAQS at a given monitoring site within the same year 
constitutes a violation of the CO NAAQS.
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    \4\  See memorandum from William G. Laxton, Director Technical 
Support Division, entitled ``Ozone and Carbon Monoxide Design Value 
Calculations,'' June 18, 1990. See also Shaver memorandum.
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    2. SIP Requirements for Serious CO Areas: CO nonattainment areas 
reclassified as serious under section 186(b)(2) of the CAA are required 
to submit, within 18 months of the area's reclassification, SIP 
revisions demonstrating attainment of the CO NAAQS as expeditiously as 
practicable but no later than December 31, 2000. The serious CO area 
planning requirements are set forth in section 187(b) of the CAA. EPA 
has issued two general guidance documents related to the planning 
requirements for CO SIPs. The first is the ``General Preamble for the 
Implementation of Title I of the CAA Amendments of 1990'' that sets 
forth EPA's preliminary views on how the Agency intends to act on SIPs 
submitted under Title I of the CAA. See generally 57 FR 13498 (April 
16, 1992) and 57 FR 18070 (April 28, 1992). The second general guidance 
document for CO SIPs issued by EPA is the ``Technical Support Document 
to Aid the States with the Development of Carbon Monoxide State 
Implementation Plans,'' July 1992. If the Fairbanks' area is 
reclassified to serious, the State would have to submit a SIP revision 
to EPA that, in addition to the attainment demonstration, includes: (1) 
A forecast of vehicle miles travelled (VMT) for each year before the 
attainment year and provisions for annual updates of these forecasts; 
(2) adopted contingency measures; and (3) adopted transportation 
control measures and strategies to offset any growth in CO emissions 
from growth in VMT or

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number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A), 
187(a)(3), 187(b)(2), and 187(b)(1). Upon reclassification, contingency 
measures in the moderate area plan for the Fairbanks area must be 
implemented.

C. Attainment Date Extensions

    If the State does not have the two consecutive clean years of data 
necessary to show attainment of the NAAQS, it may apply, under section 
186(a)(4) of the CAA, for a one year attainment date extension. EPA 
may, in its discretion, grant such an extension if the State has: (1) 
Complied with the requirements and commitments pertaining to the 
applicable implementation plan for the area, and (2) the area has 
measured no more than one exceedance of CO NAAQS at any monitoring site 
in the nonattainment area in the year preceding 1996, the extension 
year. Because the Fairbanks nonattainment area had three exceedances in 
1995, the area did not qualify for an extension.

II. This Action

    By today's action, EPA is proposing to find that the Fairbanks CO 
nonattainment area failed to demonstrate attainment of the CO NAAQS by 
December 31, 1995. This proposed finding is based upon air quality data 
showing violations of the CO NAAQS during 1995.
    Ambient Air Monitoring Data: The following table lists the 
monitoring sites in the Fairbanks CO nonattainment area where the 8-
hour CO NAAQS was exceeded during 1995, based on data validated by the 
Alaska Department of Environmental Conservation and entered into the 
AIRS data base.

                   1995 Carbon Monoxide Summary Table                   
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                                            2nd                Number of
                                         maximum 8-             readings
       Address of Monitoring Site           hour       Date    exceeding
                                          average                8-hour 
                                           value                standard
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675 7th Ave............................      10.6     1/03/95         3 
2nd and Cushman........................      11.8     1/04/95         9 
17th and Gilliam Way...................      11.6    12/29/95         7 
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    Fairbanks had no violations of the CO NAAQS in 1996. Although one 
exceedance occurred in 1996 (9.8 ppm at the 2nd and Cushman site), it 
did not constitute as a CO violation in Fairbanks because a violation 
of the CO NAAQS means two exceedances of the 8-hour CO NAAQS at a given 
monitoring site within the same year. However, two CO NAAQS violations 
have been recorded in Fairbanks to-date in 1997, respectively on 
January 11, 1997, at the monitoring site located at 2nd and Cushman and 
on January 16, 1997, at the monitoring site located at 17th and Gilliam 
Way. This data has been validated by ADEC and entered into the AIRS 
data base.
    In a letter to EPA dated February 11, 1997, the State of Alaska 
questioned whether or not Fairbanks should be reclassified to serious 
nonattainment status given that (1) there were no CO violations of the 
NAAQS in 1996, and (2) a Memorandum of Understanding had been signed, 
dated January 23, 1997, between ADEC and the Municipality of Fairbanks 
which deals directly with the CO nonattainment problem. In a letter to 
the State of Alaska dated March 24, 1997, EPA Region 10 pointed out 
that while further delay of reclassification is not possible, the 
progress achieved thus far in Fairbanks to improve air quality and 
decrease the ambient levels of CO can form the base on which to build 
and continue movement towards attaining the CO NAAQS. As noted above, 
even though 1996 was a clean year for Fairbanks, two violations were 
recorded in January 1997. It is important to continue developing 
control strategies to further reduce CO concentrations in order to 
attain the CO standard. EPA explained that reclassification is mandated 
under section 186(b) of the CAA and the Administrator does not have 
authority to decide otherwise once EPA determines the area has failed 
to meet the CO NAAQS.
    Because the 1995 exceedances are valid for use in determining the 
attainment status of the Fairbanks area, EPA is proposing to find, 
based on the 1995 CO violations discussed above, that the area did not 
attain the CO NAAQS by December 31, 1995.

III. Executive Order (EO) 12866

    Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to 
determine whether regulatory actions are significant and therefore 
should be subject to OMB review, economic analysis, and the 
requirements of the Executive Order. The Executive Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may meet at least one of the four criteria identified in 
section 3(f), including, under paragraph (1), that the rule may ``have 
an annual effect on the economy of $100 million or more or adversely 
affect, in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local or tribal governments or communities.'' The 
Agency has determined that the finding of failure to attain proposed 
today would result in none of the effects identified in section 3(f). 
Under section 186(b)(2) of the CAA, findings of failure to attain and 
reclassification of nonattainment areas are based upon air quality 
considerations and must occur by operation of law in light of certain 
air quality conditions. They do not, in and of themselves, impose any 
new requirements on any sectors of the economy. In addition, because 
the statutory requirements are clearly defined with respect to the 
differently classified areas, and because those requirements are 
automatically triggered by classifications that, in turn, are triggered 
by air quality values, findings of failure to attain and 
reclassification cannot be said to impose a materially adverse impact 
on State, local or tribal governments or communities.

IV. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 economic 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. As discussed in section III of this document, 
findings of failure to attain and reclassification of nonattainment 
areas under section 186(b)(2) of the CAA do not in and of themselves 
create any new requirements. Therefore, I certify that today's proposed 
action does not have a significant impact on small entities.

V. Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, 
EPA must assess whether various actions undertaken in association with 
proposed or final regulations include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
State, local or tribal governments in the aggregate. EPA believes, as 
discussed above, that the proposed finding of failure to attain and 
reclassification of the Fairbanks nonattainment area are factual 
determinations based upon air quality considerations and must occur by

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operation of law and, hence, do not impose any Federal 
intergovernmental mandate, as defined in section 101 of the Unfunded 
Mandates Act.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Carbon monoxide.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: August 1, 1997.
Chuck Findley,
Acting Regional Administrator.
[FR Doc. 97-20969 Filed 8-7-97; 8:45 am]
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