[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.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.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:
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Daily emissions
(tons/day)
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Emission category Base year Base year
1990 1990
Anchorage Fairbanks
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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
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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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