[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Rules and Regulations]
[Pages 6129-6132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3363]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AK14-7102a; FRL-5686-2]


Clean Air Act Approval and Promulgation of Carbon Monoxide 
Implementation Plan for the State of Alaska: Anchorage and Fairbanks 
Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the 1990 base year carbon monoxide (CO) 
emission inventory portion of the Anchorage and Fairbanks, Alaska CO 
State Implementation Plan (SIP) submitted on December 29, 1993, by the 
State of Alaska Department of Environmental Conservation (ADEC) for the 
purpose of bringing about the attainment of the national ambient air 
quality standard (NAAQS) for CO. Also, ADEC submitted the required 
Periodic Update to its 1990 base year CO emission inventory on 
September 27, 1996.

DATES: This action is effective on April 14, 1997 unless adverse or 
critical comments are received by March 13, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, 
Seattle, Washington 98101.
    Copies of material submitted to EPA may be examined during normal 
business hours at the following locations: EPA, Region 10, Office of 
Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101, 
and Alaska Department of Environmental Conservation, 410 Wiloughby 
Ave., Room 105, Juneau, Alaska.

FOR FURTHER INFORMATION CONTACT: John Pavitt, EPA Region 10, Alaska 
Operations Office (AOO/A), 222 W. 7th Avenue, Box #19, Anchorage, AK 
99513-7588, (907) 271-5083.

SUPPLEMENTARY INFORMATION:

I. Background

    In a letter dated March 1, 1991 to the EPA Region 10 Administrator, 
the Governor of Alaska recommended the Anchorage and Fairbanks areas be 
designated as nonattainment for CO as required by section 107(d)(1)(A) 
of the 1990 Clean Air Act Amendments (CAAA or the Act) (Pub. L. 101-
549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The areas, 
which include lands within the Municipality of Anchorage and the 
Fairbanks North Star Borough, were designated nonattainment and 
classified as ``moderate'' under the provisions outlined in sections 
186 and 187 of the CAA. (See 56 FR 56694, November 6, 1991, codified at 
40 CFR part 81, Sec. 81.302.)
    Because the Anchorage area had a design value of 13.1 ppm (based on 
1989 data), it was classified as ``moderate > 12.7 ppm'' (moderate 
plus). Because the Fairbanks area had a design value of 10.4 (based on 
1989 data), it was classified as ``moderate < 12.7 ppm'' (moderate).
    Under the Clean Air Act as amended, States have the responsibility 
to inventory emissions contributing to NAAQS nonattainment, to track 
these emissions over time, and to ensure that control strategies are 
being implemented that reduce emissions and move areas towards 
attainment. Under section 187(a)(1), the CAAA requires moderate CO 
nonattainment areas to submit a base year CO inventory that represents 
actual emissions in the CO season by November 15, 1992. Stationary 
point, stationary area, on-road mobile, and non-road mobile sources of 
CO are to be included in the inventory. This inventory is for calendar 
year 1990 and is denoted as the base year inventory. The inventory is 
to address actual CO emissions for the area during the peak CO season. 
The peak CO season should reflect the months when peak CO air quality 
concentrations occur. Moderate CO nonattainment areas are required to 
submit a periodic inventory that represents actual emissions no later 
than September 30, 1995, and every three years thereafter until the 
area is redesignated to attainment (section 187(a)(5)). ADEC submitted 
its required 1993 Periodic Update. Areas classified as moderate >12.7 
ppm are required to submit an attainment demonstration plan by November 
15, 1992 that demonstrates attainment by December 31, 1995 (187(a)(7)). 
To make the attainment demonstration, base year and projected modeling 
inventories are needed. The base year inventory is the primary 
inventory from which the periodic and modeling inventories are derived. 
Further information on these inventories and their purpose can be found 
in the document ``Emission Inventory Requirements for Carbon Monoxide 
State Implementation Plans,'' EPA, Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina, March 1991.

II. Today's Action

    The EPA is approving the carbon monoxide (CO) base year 1990 
emission inventory submitted to EPA on December 29, 1993, based on the 
Level I, II, and III review findings.

III. Review of State Submittal

    A. The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the State 
and assesses whether the emissions were developed according to current 
EPA guidance. Alaska's inventory satisfies both Level I and Level II 
requirements. The Level III review process is outlined here and 
consists of 9 points that the inventory must include. For a base year 
emission inventory to be acceptable it must pass all of the following 
acceptance criteria:
    1. An approved Inventory Preparation Plan (IPP) must be provided 
and the Quality Assurance (QA) program

[[Page 6130]]

contained in the IPP must be performed and its implementation 
documented.
    2. Adequate documentation must be provided that enables the 
reviewer to determine the emission estimation procedures and the data 
sources used to develop the inventory.
    3. The point source inventory must be complete.
    4. Point source emissions inventory must have been prepared or 
calculated according to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions inventory must have been prepared or 
calculated according to the current EPA guidance.
    7. The method (e.g., Highway Performance Modeling System or a 
network transportation planning model) used to develop vehicle miles 
traveled (VMT) estimates must follow EPA guidance. The VMT development 
methods must be adequately described and documented in the inventory 
report.
    8. The MOBILE model must be correctly used to produce emission 
factors for each of the vehicle classes.
    9. Non-road mobile emissions inventory must be prepared according 
to current EPA guidance for all of the source categories.
    B. The EPA is approving this emission inventory as meeting the 
requirements of section 187(a)(1) of the Act. The reasons why this 
submittal meets the Level III criteria are discussed below.
    Initially, EPA subjected the Alaska State CO emission inventory to 
a rigorous review. This review pointed out various deficiencies in the 
inventory. In their updates to the original emissions inventory 
submitted on August 27, 1992 (Anchorage) and November 11, 1992 
(Fairbanks), ADEC corrected these deficiencies. Corrections were made 
and submitted on December 29, 1993 and December 1, 1994. The December 
1, 1994 submittal was primarily an update to mobile sources emission 
estimates, replacing model Mobile 4.1 with Mobile 5.0a, which is the 
EPA approved model consistent with CAAA requirements and transporation 
conformity regulations.
    1. Inventory Preparation Plan. Alaska submitted a final Inventory 
Preparation Plan (IPP) and accompanying final Quality Assurance Plan 
which satisfied the EPA's requirements, and which were approved in 
January 1992.
    2. Quality assurance. Throughout the emissions inventory, ADEC 
provides documentation of quality assurance. For each source category, 
ADEC identifies the methodology employed. Where ADEC methods deviate 
from EPA suggested procedures, the rationale for the alternate method 
is noted. For each CO source category, ADEC provides the reference from 
which it excerpted information. When needed, projection equations are 
provided to show emission amounts beyond the base year.
    3. Point Source Inventory. ADEC's point source inventory identifies 
sources whose emissions exceed 10 tons per year of carbon monoxide. 
There are four CO point sources in the Anchorage nonattainment area and 
nine in the Fairbanks nonattainment area. The dominant industry with CO 
point sources for both nonattainment areas is electric utility power 
generation. While natural gas is the primary fuel used in Anchorage, it 
is not available in Fairbanks.
    To compile the point source inventory, ADEC reviewed emission and 
fuel use information available from state air operating permits, and 
information supplied by permitted facilities through operating reports 
required to be submitted to ADEC. In addition, ADEC contacted Anchorage 
and Fairbanks area fuel distributors to identify any sources not 
already issued an operating permit capable of emitting more than 10 
tons per year of carbon monoxide. There were no such sources.
    ADEC reports that point source emissions for 1990 are 2.35 tons per 
day for Anchorage and 6.06 tons per day for Fairbanks.
    4. Area Source Inventory. ADEC submitted a complete inventory for 
CO area sources divided into the following categories: natural gas 
combustion (Anchorage only) fuel oil combustion, coal combustion, 
propane combustion (Fairbanks only), wood combustion, industrial 
equipment, solid waste incineration, and open burning/structural fires. 
The largest contributor to CO emissions in both nonattainment areas was 
wood burning. Emissions for each source category (except as noted 
above) are calculated for the two nonattainment areas. The inventory 
provides a discussion per category, and displays equations that were 
used to develop emissions estimates. Sources of information are 
provided as needed. In some cases, ADEC's methodology differs from 
EPA's recommended procedures. When this occurs, ADEC notes the reason 
for the difference. Usually, ADEC uses data tailored to the local or 
state area rather than using the national equations or factors. Area 
source totals for 1990 were 4.96 tons per winter day within the 
Anchorage CO nonattainment area, and 12.99 tons per day for the 
Fairbanks CO nonattainment area.
    5. Vehicle Miles Traveled (VMT). In Fairbanks, the Alaska 
Department of Transportation and Public Facilities (ADOT&PF) used a 
combination of actual 1990 traffic count data and QRS2 modeling results 
for 1990 to provide VMT and travel-weighted speed estimates for each 
roadway functional class. Traffic counts were obtained from both the 
Highway Performance Monitoring System (HPMS) and additional sampling 
locations operated by ADOT&PF. ADOT&PF estimated VMT during an average 
winter weekday in Fairbanks to be 1,296,041. In Anchorage, the 
Municipality used MinUTP modeling results for 1990 to provide travel-
weighted speed data and VMT for each roadway functional class, 
generating HPMS-equivalent estimates (based on ADOT&PF guidance). The 
Municipality estimated VMT during an average winter weekday in 
Anchorage to be 2,854,000.
    The VMT development methods were adequately described and 
documented in the SIP and satisfy EPA's requirements. (See 60 FR 33727, 
June 19, 1995.)
    6. Use of the Mobile Model. The Mobile 4.1 model was used in the 
original 1992 submittal to EPA, being then the most recent emission 
factor model, and was retained for the revised 1993 submittal for 
consistency. In December 1994, ADEC revised the mobile source emission 
estimates by substituting Mobile 5.0a for Mobile 4.1. Today's approval 
is based on the December 29, 1993 submittal using Mobile 4.1.
    The model was correctly used to produce emission factors for each 
of the eight separate vehicle classes. Inputs specific to Anchorage and 
Fairbanks during the base year were used in the model: operating mode 
fractions (cold/hot/stabilized) =65%/0%/35%; VMT for motorcycles =0%; 
anti-tampering program in place; compliance rate =91% (Anchorage) and 
96% (Fairbanks); annual inspection; decentralized I/M program, etc. A 
default value was used for the tampering rate. Quality Assurance is 
provided within the on-road discussion, and methodologies used to 
determine each of the input variables were presented. On-road mobile 
sources are 149.99 tons per day for Anchorage and 80.83 tons per day 
for Fairbanks.
    7. Non-road Inventory. ADEC describes each category and the 
methodology employed. When ADEC's methodology deviates from EPA 
guidance, it is usually because ADEC uses numbers reflective of local 
scenarios as opposed to national averages. Assumptions, equations, and

[[Page 6131]]

sources are noted per source category. Major non-road contributors are 
aircraft, snowmobiles and railroad sources. Nonroad totals are 13.73 
tons per day for Anchorage, and 5.40 tons per day for Fairbanks.
    C. Procedural background. The Act requires States to observe 
certain procedural requirements in developing emission inventory 
submissions to EPA. Section 110(a)(2) of the Act requires that each 
emission inventory submitted by a State has to be adopted after 
reasonable notice and public hearing.<SUP>1 CO nonattainment areas with 
design values greater than 12.7 ppm must submit the entire SIP 
(emissions inventories, attainment demonstrations, and control 
strategies) by November 15, 1992, and EPA expects the emissions 
inventories to have gone through the public hearing process as part of 
the full CO SIP.<SUP>2
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    \1\ Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \2\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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    The State of Alaska held numerous public meetings in Anchorage and 
Fairbanks in 1992 to entertain public comment on air quality control 
plans, including the 1990 base year emission inventories for the 
Anchorage and Fairbanks Carbon Monoxide Nonattainment Areas. In both 
areas, local transportation planning boards (Fairbanks Metropolitan 
Area Transportation Study (FMATS) and Anchorage Metropolitan Area 
Transportation Study (AMATS)), including citizen advisory committees, 
reviewed and took public comment on the control plans and inventories. 
In 1992, following the public meetings, the Anchorage Assembly and the 
Fairbanks North Star Borough adopted their respective air quality 
control plans and inventories. The CO Emission Inventory was submitted 
to EPA on December 29, 1993 as a proposed revision to the SIP.

IV. Implications of Today's Action

    The EPA is approving the Alaska carbon monoxide emission inventory 
submitted the Alaska SIP on December 29, 1993. The State has submitted 
a complete inventory containing point, area, on-road, and non-road 
mobile source data, and documentation. Emissions for these groupings 
are presented in the following table:

------------------------------------------------------------------------
                                                       Daily emissions  
                                                         (tons/day)     
                                                   ---------------------
                 Emission category                  Base year  Base year
                                                       1990       1990  
                                                    Anchorage  Fairbanks
------------------------------------------------------------------------
Point sources.....................................       2.35       6.06
Area sources......................................       4.96      12.99
Non-road mobile sources...........................      13.73       5.40
On-road mobile sources............................     149.99      80.83
                                                   ---------------------
      Total.......................................     171.03     105.28
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    This inventory is complete and approvable according to the criteria 
set out in the November 12, 1992 memorandum from J. David Mobley, Chief 
Emission Inventory Branch, Technical Support Document (TSD) to G. T. 
Helms, Chief Ozone/Carbon Monoxide Programs Branch, AQMD.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective April 14, 1997 unless, by March 13, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective April 14, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

V. Administrative Review

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. 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 CAA 
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 CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA 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).

C. 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 
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 costs of $100 million or 
more to either

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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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 April 14, 1997. 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).

List of Subjects in 40 CFR Part 52

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

    Dated: January 28, 1997.
Chuck Clarke,
Regional Administrator.

    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. 7401-7671q.

Subpart C--Alaska

    2. Section 52.76 is added to read as follows:


Sec. 52.76  1990 Base Year Emission Inventory.

    EPA approves as a revision to the Alaska State Implementation Plan 
the 1990 Base Year Carbon Monoxide Emission Inventory for the Anchorage 
and Fairbanks areas designated as nonattainment for CO, submitted by 
the Alaska Department of Environmental Conservation on December 29, 
1993. This submittal consists of the 1990 base year stationary, area, 
non-road mobile, and on-road mobile sources for the pollutant carbon 
monoxide.

[FR Doc. 97-3363 Filed 2-10-97; 8:45 am]
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