[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, 1995.1
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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.2 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. 3 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:
To measure the highest concentrations within the area.
To measure representative concentrations within areas
where population density is high.
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).
[[Page 32131]]
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.
* * * * *
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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*
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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
