[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32128-32131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15447]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[AK 19-1707; FRL-6108-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document EPA is making a final finding that the 
Anchorage, Alaska, carbon monoxide (CO) nonattainment area has not 
attained the CO national ambient air quality standards (NAAQS) under 
the Clean Air Act Amendments of 1990 (CAA). The CO nonattainment 
occurred after Anchorage received a one year extension to December 31, 
1996 from the mandated attainment date of December 31, 1995 for 
moderate nonattainment areas. This finding is based on EPA's review of 
monitored air quality data for compliance with the CO NAAQS. As a 
result of this finding, the Anchorage CO nonattainment area is 
reclassified as a serious CO nonattainment area by operation of law. As 
a result of the reclassification, the State is to submit within 18 
months from the effective date of this action a new State 
Implementation Plan (SIP) demonstrating attainment of the CO NAAQS as 
expeditiously as practicable but no later than December 31, 2000, the 
CAA attainment date for serious areas.

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Montel Livingston, Office of Air 
Quality, U.S. EPA, Region 10, Seattle, Washington, 98006, telephone 
(206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and 
Classifications

    The CAA Amendments 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 Anchorage nonattainment 
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 areas with design values 
between 9.1 and 16.4 parts per million (ppm), such as the Anchorage 
nonattainment 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 areas that were classified as moderate 
nonattainment by operation of law under section 107(d) were required to 
submit 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 and differ depending on whether the area's design 
value is below or above 12.7 ppm. The Anchorage area has a design 
value above 12.7 ppm. 40 CFR 81.302.
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B. Effect of Reclassification

    CO nonattainment areas reclassified as serious are required to 
submit, within 18 months of the area's reclassification, SIP revisions 
providing for attainment of the CO NAAQS as expeditiously as 
practicable but no later than December 31, 2000. In addition, the State 
must submit a SIP revision that includes: (1) a forecast of vehicle 
miles traveled (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 number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A), 
187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date 
of this reclassification, contingency measures in the moderate area 
plan for the Anchorage nonattainment area must be implemented.
    The reclassification to serious does not mean that CO pollution 
levels in Anchorage are getting worse. In Anchorage, CO levels have 
dropped by more than 50% since the early 1980's. Reclassification to 
serious allows additional planning time to develop control strategies 
to meet the CO NAAQS because Anchorage failed to attain the CO standard 
by the end of its extension date, December 31, 1996.

C. Attainment Determinations for CO Nonattainment Areas

    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>2</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.''
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    \2\ 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 50.8 and EPA policy. <SUP>3</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 in the Anchorage nonattainment area, this document 
addresses only the air quality status of the Anchorage nonattainment 
area with respect to the 8-hour standard. The 8-hour CO NAAQS requires 
that not more than one non-overlapping 8-hour average in any 
consecutive two-year period per monitoring site can exceed 9.0 ppm 
(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 two-year period constitutes a violation 
of the CO NAAQS.
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    \3\ 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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D. Proposed Finding of Failure to Attain

    On December 2, 1997 (62 FR 63687), EPA proposed to find that the 
Anchorage CO nonattainment area had failed to attain the CO NAAQS by 
December 31, 1996, the CO attainment extension date. Anchorage did not 
have two consecutive years of CO data without violations of the CO 
NAAQS. This proposed finding was based on air quality data showing 
three violations of

[[Page 32129]]

the CO NAAQS during 1996. For the specific data considered by EPA in 
making this proposed finding, see 62 FR 63687.

E. Reclassification to a Serious Nonattainment Area

    EPA has the responsibility, pursuant to sections 179 (c) and 186 
(b)(2) of the CAA, for determining whether the Anchorage CO 
nonattainment area attained the CO NAAQS by December 31, 1995. Under 
section 186(b)(2)(A), if EPA finds that the area has not attained the 
CO NAAQS, the area is reclassified as serious by operation of law. 
There were three CO violations recorded in 1996. Additional control 
strategies are needed to further reduce CO concentrations in order to 
attain the CO standard. Pursuant to section 186(b)(2)(B) of the Act, 
EPA is publishing this notice to identify the Anchorage area as failing 
to attain the standard and therefore reclassified as serious by 
operation of law.

II. Response to Comments on Proposed Finding

    During the public comment period on EPA's proposed finding, EPA 
received several comments. Below is EPA's response to all significant 
comments received.
    Commenter: A commenter objected to the serious classification 
because good efforts have been made, and continue to be made, to attain 
the standards. Given the cold temperature environmental conditions 
which cause the elevated concentrations and the fact that the required 
90% reduction in emissions from automobiles has not been achieved, the 
commenter believes additional time to attain the standard is necessary.
    Response: EPA's actions are following the schedule and specific 
requirements imposed by Congress in the CAA. Additional time to attain 
the CO standard is allowed upon reclassification to serious. Under the 
CAA of 1990, the attainment date for a serious CO nonattainment area 
becomes December 31, 2000. The new attainment date of December 31, 2000 
authorizes more time for Anchorage, together with ADEC, to devise an 
air quality control plan which will include additional control measures 
for attaining the CO standard.
    EPA recognizes the progress Anchorage has achieved thus far toward 
improving air quality and decreasing the ambient levels of CO. 
Anchorage implements two basic air quality control measures, a 
decentralized inspection/maintenance program and an oxygenated gasoline 
program. However, because Anchorage failed to attain the CO NAAQS 
within the specified time frame allowed by the CAA, Congress mandated 
reclassification under section 186(b) of the CAA in specific 
circumstances once EPA determines the area has failed to meet the CO 
NAAQS.
    The same commenter also raised another issue and stated that cold 
temperature certified cars will affect fleet emissions, without 
requiring unnecessary control programs.
    Response: While EPA agrees that technology in new cars is expected 
to reduce emissions, the deadlines mandated by Congress in the CAA do 
not provide the flexibility to delay this action until older model cars 
are replaced. Fleet turnover in Anchorage to newer, cleaner cars is 
factored into mobile models for purposes of projecting and 
demonstrating attainment of the CO NAAQS. But because fleet turnover in 
Anchorage to newer, cleaner cars is a phased-in process over several 
years, additional control strategies must be planned for within the 
allowable CAA time frame to ensure clean air and protect the public's 
health from exposure to CO in ambient air. The CAA requires, under a 
serious reclassification, that additional control measures be adopted 
and implemented for inclusion into the SIP within 18 months of 
reclassification.
    Commenter: A commenter stated that Anchorage has worked hard to 
achieve federal clean air standards for CO and remains committed to 
improving air quality. They believe this reclassification sends a 
counterproductive message to a community that has made a significant 
and largely successful effort to solve this problem. There are 
conditions that are unique to our sub-arctic environment that 
contribute to the CO problem, such as extraordinarily strong and 
persistent temperature inversions. Another aspect of our problem that 
needs further investigation and review is how cold climate affects 
driver behavior and consequent CO emissions.
    Response: EPA's reclassification of Anchorage allows additional 
planning time to carry out wintertime research which will result in a 
better understanding and characterization of the CO problem in 
Anchorage. Projects will be underway in Anchorage during the winter of 
1998-99 which have a goal of quantifying impacts that motor vehicle 
cold start emissions have on the overall emissions inventories. These 
projects will include enhanced CO air monitoring as well as observation 
and documentation of driver behavior in Anchorage. EPA supports these 
projects and continues to work with Anchorage and the State in their 
development of an air quality plan to meet the CO air quality standard 
by December 31, 2000, the new attainment deadline.
    Stagnation and inversions are frequent climatological occurrences 
that must be considered in evaluating whether a control program is 
adequate to attain and maintain the NAAQS. Meteorological events such 
as these are almost never accepted as justification for waiving the 
NAAQS. Because inversions are expected to occur frequently and are part 
of normal weather patterns, they are not considered special events 
warranting exemptions from reclassification. In some parts of the 
United States, stagnation episodes usually persist for an extended 
period of time, and they can affect an entire air basin. While 
stagnations may not occur frequently, they are not uncommon; therefore, 
they are not considered sufficiently exceptional to waive application 
of the NAAQS.
    The national CO standard is a health-based standard and is intended 
to provide an adequate margin of safety in the nonattainment area, 
recognizing the wide range of human susceptibility to CO exposure. 
Young infants, pregnant women, the elderly, and people with 
cardiovascular disease or emphysema are likely to be more susceptible 
to the health impacts from CO. Carbon monoxide can also impact mental 
function, vision, and alertness in healthy people, even at relatively 
low concentrations.
    Commenter: A commenter stated that while air quality modeling 
combined with limited monitoring is the accepted means for determining 
the status of attainment versus nonattainment, he questions the 
conclusion that the area is in serious nonattainment when marginal 
exceedances of the 8 hour limit occur at select monitoring sites on a 
very infrequent basis. The commenter disagrees that the monitoring 
information portrays the area as nonattainment because it is not 
indicative of the area's air quality, which is the standard to be met.
    EPA response. The action today is based on data measured by a 
monitoring network that was established to demonstrate attainment of 
the CO NAAQS. Two monitors in the immediate vicinity of major 
signalized road intersections and several businesses, the Spenard and 
Benson site and the Seward Highway and Benson site, have each recorded 
exceedances of the CO NAAQS three times in 1996. The 8-hour CO readings 
ranged from 10.1 ppm to 9.5 ppm. The CO national standard is 9 ppm (35 
ppm for 1 hour),

[[Page 32130]]

and these standards have been developed to protect the public's health 
from exposure to CO in ambient air. More recently (early 1998), the 
Garden neighborhood monitoring site has shown high CO concentrations. 
These three permanent monitoring sites are part of a four site ``State 
and Local Air Monitoring Stations'' (SLAMS) CO monitoring network 
designed by the State to provide measurements that represent ambient 
air quality. The network provides a profile of high level, and 
potentially maximum, CO levels. Particular monitoring locations in the 
network have been established for site placement to meet the following 
SLAMS objectives:
    <bullet> To measure the highest concentrations within the area.
    <bullet> To measure representative concentrations within areas 
where population density is high.
    <bullet> To measure the impact on ambient pollution levels of 
significant sources.
    If any monitor within the network violates the CO NAAQS, an 
appropriate area, which includes the site, is defined as a 
``nonattainment area.'' So although we agree with the commenter that 
the national standard was violated at specific locations on a small 
number of days, this situation does in fact describe a nonattainment 
condition.
    The CO NAAQS is defined to protect human health and welfare. The 
goal of achieving the CO NAAQS standard applies to all locales, 
regardless of population density. Data from monitoring sites are the 
only available measure of air quality and it is maintained by use of an 
adequate quality assurance program. Thus, careful attention is given to 
the data within the monitoring network with respect to possibly harmful 
pollutant concentrations.

III. Today's Action

    EPA is today taking final action to find that the Anchorage 
nonattainment area did not attain the CO NAAQS after it received a one 
year extension to December 31, 1996 from the mandated attainment date 
of December 31, 1995, the CAA attainment date for moderate CO 
nonattainment areas. As a result of this finding, the Anchorage 
nonattainment area is reclassified by operation of law as a serious CO 
nonattainment area as of the effective date of this document. This 
finding is based upon air quality data showing exceedances of the CO 
NAAQS during 1996. As a result of the reclassification, the State is to 
submit within 18 months from the effective date of this action a new 
SIP demonstrating attainment of the CO NAAQS as expeditiously as 
practical but no later than December 31, 2000, the CAA attainment date 
for serious areas.

IV. Executive Order (E.O.) 12866, ``Regulatory Planning and 
Review''

    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 is making final the proposed determinations found in 
EPA's action published on December 2, 1997 (62 FR 63687) that the 
finding of failure to attain results in none of the effects identified 
in section 3(f) and finalize the proposed determinations found in 
EPA's.
    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.
    This final action 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.

V. 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. As discussed in section IV 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 action does not have a 
significant impact on small entities.

VI. Unfunded Mandates Act

    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 believes, for reasons discussed above and as part of EPA's 
proposed determinations published on December 2, 1997 (62 FR 63687), 
that the finding of failure to attain and reclassification of the 
Anchorage nonattainment area are factual determinations based upon air 
quality considerations and must occur by operation of law and, hence, 
do not impose any Federal intergovernmental mandate, as defined in 
section 101 of the Unfunded Mandates Act.

VII. Submission to Congress and the General Accounting Office

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

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List of Subjects in 40 CFR Part 81

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

    Dated: May 29, 1998.
Chuck Clarke,
Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

PART 81--[AMENDED]

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

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

    2. In Sec. 81.302, the table for ``Alaska-Carbon Monoxide'' is 
amended for the Anchorage area by revising the entry for the Anchorage 
area to read as follows:


Sec. 81.302  Alaska.

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                                             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  ...........  Nonattainment.........  July 13, 1998.........  Serious.          
     (part) Anchorage                                                                                           
     nonattainment area                                                                                         
     boundary.                                                                                                  
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     

[FR Doc. 98-15447 Filed 6-11-98; 8:45 am]
BILLING CODE 6560-50-P