33676 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

1See sections 179(c) and 186(b)(2) of the Act.

Subpart S—Kentucky

2. Section 52.920 is amended by

adding paragraph (c) (84) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

(84) Revisions to the Kentucky State

Implementation Plan submitted by the

Natural Resources and Environmental

Protection Cabinet on December 29,

1994. The regulations being revised are

401 KAR 59:101 New Bulk Gasoline

Plants and 401 KAR 61:056 Existing

Bulk Gasoline Plants.

(i) Incorporation by reference.

Division for Air Quality regulations 401

KAR 59:101 New bulk gasoline plants,

and 401 KAR 61:056 Existing bulk

gasoline plants, effective September 28,

1994.

(ii) Additional material. None.

[FR Doc. 96–16154 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AK13–7101a; FRL–5523–7]

Clean Air Act Attainment Extension for

the Municipality of Anchorage Area

Carbon Monoxide Nonattainment Area:

Alaska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action grants a one (1)

year attainment date extension for the

Municipality of Anchorage (MOA),

Alaska carbon monoxide (CO)

nonattainment area. The MOA area

failed to attain the National Ambient Air

Quality Standard (NAAQS) for CO by

the December 31, 1995 deadline

pursuant to the 1990 Clean Air Act

Amendments (CAAA). CO attainment is

based on eight (8) consecutive quarters

(two years) of clean air quality data.

There were two (2) exceedances of the

CO NAAQS recorded in the

nonattainment area in 1994, and no

exceedances in 1995. Due to no

exceedances in 1995 and the State’s

compliance with all requirements and

commitments pertaining to the MOA

area in the Alaska State Implementation

Plan (SIP), an extension to meet the

standards by December 31, 1996 is

granted. This action is based on 1994

and 1995 monitored air quality data for

the CO NAAQS.

DATES: This action is effective on

August 27, 1996 unless adverse or

critical comments are received by July

29, 1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments should be

addressed to Tamara Langton,

Environmental Protection Specialist,

Office of Air Quality (OAQ–107), EPA,

Seattle, Washington 98101.

Copies of the State’s request and other

information supporting this action are

available for inspection during normal

business hours at the following

locations: EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101; the Alaska

Department of Environmental

Conservation, 410 Willoughby, Suite

105, Juneau, Alaska, 99801–1795.

FOR FURTHER INFORMATION CONTACT:

Tamara Langton, Environmental

Protection Specialist, Office of Air

Quality (OAQ–107), EPA, Seattle,

Washington 98101, (206) 553–2709.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAAA Requirements and EPA

Actions Concerning Designation and

Classification

The 1990 CAAA created a new

classification structure for CO

nonattainment areas which was based

upon the severity of the nonattainment

problem. For moderate CO

nonattainment areas with a design value

between 9.1–16.4 parts per million

(ppm), the attainment date was to be as

expeditious as practicable but no later

than December 31, 1995.

The air quality planning requirements

for moderate CO nonattainment areas

are set out in sections 186–187 of the

CAAA which pertain to the

classification of CO nonattainment areas

and submission of SIP requirements for

these areas, respectively. The EPA

issued a ‘‘General Preamble’’ which

stated EPA’s preliminary views

concerning how EPA intended to review

SIP’s and SIP revisions submitted as

required under Title I of the Act, [See

generally 57 FR 13489 (April 16, 1992)

and 57 FR 18070 (April 28, 1992)].

States containing CO moderate

nonattainment areas with design values

of 9.1–16.4 ppm were required to

submit SIP’s for these areas on or before

November 15, 1992 which would

provide for attainment by December 31,

1995.

B. Attainment Determinations

The EPA has the responsibility for

determining whether a nonattainment

area has attained the CO NAAQS by the

applicable attainment date.1 The EPA

has the responsibility of making

attainment determinations for moderate

CO nonattainment areas by no later than

six (6) months after the December 31,

1995 attainment date for these areas.

The EPA will be making attainment

determinations for CO nonattainment

areas based upon whether an area has 8

consecutive quarters (2 years) of clean

air quality data. No special or additional

SIP submittal is required from the State

for this determination. Section 179(c)(1)

of the Act provides that the attainment

determination is to be based upon an

area’s ‘‘air quality as of the attainment

date.’’ The EPA will make the

determination of whether an area’s air

quality is meeting the CO NAAQS by

the applicable attainment date based

upon the most recent 2 years of data

gathered from air quality monitoring

sites which have been entered into the

Aerometric Information Retrieval

System (AIRS) data base.

A CO nonattainment area’s air quality

status is determined in accordance with

40 CFR Part 50.8, and in accordance

with EPA policy as stated in a

memorandum from William G. Laxton,

Director Technical Support Division,

entitled ‘‘Ozone and Carbon Monoxide

Design Value Calculations’’, June 18,

1990. CO design values are discussed in

terms of the 8-hour CO NAAQS. The 1-

hour CO design value should be

computed in the same manner as the 8-

hour NAAQS.

The CO NAAQS requires that not

more than 1, 8-hour average per year

can exceed 9.0 ppm (9 greater than or

equal to 9.5 ppm to adjust for rounding).

CO attainment is evaluated by reviewing

8 quarters or a total of 2 consecutive and

complete years of data. If an area has a

design value greater than 9.0 ppm, this

serves as an indication that a monitoring

site in the area, where the secondhighest (non-overlapping) 8-hour

average was measured, had CO

concentrations measured at levels

greater than 9.0 ppm in at least 1 of the

2 years. This indicates that there were

at least 2 values above the standard (9.0

ppm) during 1 of the 2 years (1994)

being reviewed at a particular

monitoring site, thus the standard was

not met.

C. Application for a 1-year Extension of

the Attainment Date

If the State does not have the 2

consecutive clean years of data to show

attainment of the NAAQS, a State may

apply for an extension of the attainment

date. Pursuant to section 186(a)(4) of the

Act, a State may apply for and EPA may

grant a 1-year extension of the

attainment date if the State has: (1)

complied with the requirements and

commitments pertaining to the
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33677

applicable implementation plan for the

area, and (2) the area has measured no

more than 1 exceedance of CO NAAQS

at any monitoring site in the

nonattainment area in the year

preceding the extension year. If the

State does not have the requisite

number of years of clean air quality data

to show attainment and does not apply

or does not qualify for an attainment

date extension, the area will be

reclassified as serious by operation of

law.

The authority delegated to the

Administrator to extend attainment

dates for moderate areas is

discretionary. Section 186(a)(4) of the

Act provides that the Administrator

‘‘may’’ extend the attainment date for

areas that meet the minimum

requirements specified above. The

provision does not dictate or compel

that EPA grant extensions to such areas.

In exercising this discretionary

authority for CO nonattainment areas,

EPA will examine the air quality

planning progress made in the moderate

area. EPA will be disinclined to grant an

attainment date extension unless a State

has, in substantial part, addressed its

moderate CO planning obligations for

the area. In order to determine whether

the State has substantially met these

planning requirements the EPA will

review the States application for the

attainment date extension to determine

whether the State has: (1) adopted and

substantially implemented control

measures to satisfy the requirement for

the moderate CO nonattainment area;

and (2) that reasonable further progress

is being met for the area.

If the State cannot make a sufficient

demonstration that the area has

complied with the extension criteria

stated above, and EPA determines that

the area has not timely demonstrated

attainment of the CO NAAQS, the area

will be reclassified as serious by

operation of law pursuant to section

186(b)(2) of the Act. If an extension is

granted, at the end of the extension year,

EPA will again review the area’s air

quality data to determine whether the

area has attained the CO NAAQS.

II. Summary of Today’s Action

EPA is, by today’s action, granting the

State of Alaska’s request for a 1-year

extension of the CO attainment date for

the MOA area. The MOA area failed to

meet the December 31, 1995 CO

attainment date. This actions extends

the attainment date from December 31,

1995, to December 31, 1996.

A. Granting the CO Nonattainment Area

Extension

If a State containing a moderate CO

nonattainment area does not have the 8

quarters (2 consecutive years) of clean

air quality data to demonstrate that the

area has attained the CO NAAQS, the

State may apply for a 1-year extension

of the attainment date. The EPA may

extend the attainment date for 1 year

only if the State submits an application

for the affected nonattainment area

satisfying all of the following

requirements:

1. Air Quality Data

Pursuant to section 186(a)(4)(B) of the

CAAA, an area must have no more than

1 exceedance of the 8-hour CO NAAQS

in the year proceeding the extension

year at any 1 monitoring site in the

nonattainment area.

The MOA nonattainment area has

four (4) CO Special Purpose Monitoring

(SPM) sites: Benson/Spenard, Sand

Lake, Garden and Seward/Benson.

Sampling at these sites is conducted

every day. Data from these sites has

been deemed valid by EPA and

submitted by the State of Alaska for

inclusion in the EPA’s air quality data

system, AIRS.

A review of the data for calendar

years 1994 through 1995 for the MOA

CO nonattainment area shows 2

exceedances in 1994. These

exceedances occurred on November 30

and December 7, 1994; both at the

Seward/Benson SPM site. The 8-hour

CO NAAQS average was 11.3 and 11.0

ppm, respectively. There were no

exceedances in 1995; therefore, this

requirement has been met.

2. Compliance With Applicable SIP

Pursuant to section 186(a)(4)(A) of the

CAAA, a State must demonstrate that it

has complied with all requirements and

commitments pertaining to the ‘‘affected

nonattainment area’’ in the applicable

implementation plan. The State of

Alaska is in compliance with this

requirement.

EPA has approved portions of the

Alaska CO SIP (see 60 FR 17232 and 60

FR 33727). The State of Alaska is

currently amending the SIP regarding

the biennial Inspection and

Maintenance (I/M) program mandated

by the Alaska State legislature. Primary

changes are modifications required to

implement biennial I/M testing and

modeling results which can demonstrate

that the MOA can meet CAAA

requirements.

3. Substantial Implementation of

Control Measures

The State of Alaska has developed

and implemented substantial control

measures for CO in the MOA

nonattainment area. These control

measures consist of the federal emission

controls required for new vehicles, the

ethanol-blended fuels program, the I/M

program, and the rideshare program.

4. Emission Reduction Progress

The historical trend in the MOA’s air

quality has been toward lower CO

levels. CO concentrations have

decreased from a second-high 8-hour

average of 26.2 ppm and 40 violations

in 1980, to a second-high 8-hour average

of 8.4 ppm and zero violations in 1995.

The continued improvement in CO

concentrations in the MOA has been

achieved mainly by emission reductions

resulting from turnover of the vehicle

fleet, required vehicle repairs and

maintenance under the I/M program,

and the mandatory wintertime use of

ethanol blends. These control measures

and emission reductions are permanent

and enforceable.

The continued implementation of the

I/M and ethanol fuels program,

combined with the Federal Motor

Vehicle Control Program and the recent

rideshare program is expected to result

in further decreases in CO emissions

and ambient concentrations in the

MOA. Based on the above, EPA believes

that reasonable further progress (RFP)

toward attainment of the CO NAAQS

has been demonstrated.

In summary, for the reasons discussed

above, EPA is granting the State’s

request for a 1-year extension of the

attainment date for the MOA CO

nonattainment area from December 31,

1995, to December 31, 1996.

III. Administrative Review

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.

Attainment date extensions under

section 186, as with SIP approvals

under section 110 and subchapter I, Part

D of the CAA, do not create any new

requirements. Therefore, because the

granting of the MOA 1-year CO

attainment date extension does not
33678 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

impose any new requirements, I certify

that it does not have a significant impact

on any small entities. 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).

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 costeffective 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 an

attainment date extension does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. A finding that an area

should be granted a 1-year extension of

the attainment date consists of factual

determinations based on air quality

considerations and the area’s

compliance with certain prior

requirements, and imposes no new

Federal requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

The EPA has reviewed this request for

a 1-year extension of the CO attainment

date for the MOA nonattainment area

for conformance with the 1990 CAAA

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

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.

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 August 27, 1996

unless, by July 29, 1996, 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 notice 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 August 27, 1996.

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 August 27, 1996.

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: June 3, 1996.

Jane S. Moore,

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 52.82 is revised to read as

follows:

§ 52.82 Extensions.

The Administrator, by authority

delegated under section 186(a)(4) of the

Clean Air Act, as amended in 1990,

hereby extends for one year (until

December 31, 1996) the attainment date

for the MOA, Alaska CO nonattainment

area.

[FR Doc. 96–16156 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[Region II Docket No. 146, NJ23–1–7243(c);

FRL–5524–4]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of New Jersey;

Revised Policy Regarding Applicability

of Oxygenated Fuels Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On September 28, 1995, the

New Jersey Department of

Environmental Protection (NJDEP)

submitted requests to redesignate the

Camden County nonattainment area and

nine not-classified areas from

nonattainment to attainment for carbon

monoxide (CO). NJDEP also submitted

the required plans to assure continued

attainment of the CO standards in the

redesignated areas. On December 7,

1995, EPA published a direct final

rulemaking (60 FR 62741) approving

New Jersey’s redesignation requests

along with several elements of the New

Jersey State Implementation Plan (SIP)

for CO.

This action announced that the

rulemaking would take effect on

February 5, 1996 (60 days after

publication), unless EPA received

adverse comments by January 8, 1996

(30 days after publication), in response

to a notice of proposed rulemaking

published on the same day (60 FR

62792). EPA also committed to

withdraw the direct final rule in the

event that it received adverse

comments, and to respond to any

adverse comments in a subsequent final

rulemaking action. EPA did receive

adverse comments on this action, but

failed to withdraw the final rule within

the 60 days given in the notice of direct

final rulemaking. Therefore, the rule

took effect on February 5, 1996.