[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50762-50764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25318]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AK10-1-7022a; FRL-6162-9]
Approval and Promulgation of Implementation Plans: Alaska
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) is approving a revision
to the mobile source portion of the 1990 Base Year carbon monoxide(CO)
emission inventory of the Anchorage and Fairbanks, Alaska, State CO
Implementation Plan. The previous inventory used the MOBILE 4.1 model;
the revised inventory estimates use a newer version of the model,
MOBILE 5.0a.
DATES: This direct final rule is effective on November 23, 1998 without
further notice, unless EPA receives adverse comment by October 23,
1998. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Written comments should be addressed to: Montel Livingston
(OAQ-107), Environmental Protection Specialist, Office of Air Quality,
EPA, 1200 Sixth Avenue, Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street SW, Washington,
D.C. 20460. Copies of material submitted to EPA may be examined during
normal
[[Page 50763]]
business hours at the following locations: EPA, Region 10, Office of
Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101, and the
Alaska Department of Environmental Conservation, 410 Willoughby, Room
105, Juneau Alaska.
FOR FURTHER INFORMATION CONTACT: Joan Cabreza, Environmental Scientist,
Office of Air Quality (OAQ-107), EPA Region 10, 1200 Sixth Avenue,
Seattle, Washington 98101, (206) 553-8505.
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 1991, the Alaska Department of Environmental
Conservation (ADEC) recommended to EPA that the Anchorage and Fairbanks
areas be designated nonattainment areas for CO as required by section
107(d)(1)(A) of the Clean Air Act Amendments (the Act) of 1990 (Pub. L.
101-549, 104 stat. 2399, codified at 42 U.S.C. 7401-7671q). Under the
Act, states are responsible for conducting an inventory, tracking
emissions contributing to nonattainment, and ensuring that control
strategies are implemented that reduce emissions and move areas toward
attainment. Section 1879(a)(1) of the Act requires CO nonattainment
areas to submit a base year inventory that represents actual emissions
in the CO season, and that includes stationary point, stationary area,
on-road mobile and non-road mobile sources. This inventory is the
primary inventory from which other periodic and modeling inventories
are derived.
On February 11, 1997, EPA approved the 1990 base year CO emission
inventory for the Anchorage and Fairbanks, Alaska, SIP submitted by
ADEC on December 29, 1993. Emission estimates for on-road sources are
obtained by use of a model called MOBILE, and this submission used
MOBILE 4.1 to estimate the emissions submitted. An upgraded MOBILE
model, MOBILE 5.0a, was subsequently released, which ADEC then used to
revise its emissions estimates. On December 1, 1994, ADEC submitted a
revision to the inventory, based on the results of the new model run.
Compared to MOBILE 4.1, MOBILE 5.0a incorporates several new options,
calculating methodologies, emission factor estimates, emission control
regulations, and internal program designs.
There are no transportation conformity implications to this action.
II. Today's Action
The EPA is approving the December 1, 1994, revision to the mobile
source portion of the state carbon monoxide emission inventory for the
Anchorage and Fairbanks State Implementation Plans.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective November 23,
1998 without further notice unless the Agency receives adverse comments
by October 23, 1998.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on November 23, 1998 and no
further action will be taken on the proposed rule.
III. Administrative Requirements
A. Executive Order 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled, ``Regulatory
Planning and Review''.
The final rule 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.
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
Act 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 Act,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
Act 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
annual 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 annual costs of $100
million or more to either 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 Comptroller General
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 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
[[Page 50764]]
``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 November 23, 1998. 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).
F. Alaska's Audit Law
Nothing in this action should be construed as making any
determination or expressing any position regarding Alaska's audit
privilege and penalty immunity law, Alaska Audit Act, AS 09.25.450 et
seq. (enacted in 1997) or its impact upon any approved provision in the
SIP, including the revision at issue here. The action taken herein does
not express or imply any viewpoint on the question of whether there are
legal deficiencies in this or any other Clean Air Act program resulting
from the effect of Alaska's audit privilege and immunity law. A state
audit privilege and immunity law can affect only state enforcement and
cannot have any impact on federal enforcement authorities. EPA may at
any time invoke its authority under the Clean Air Act, including, for
example, sections 113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state plan, independently of any
state enforcement effort. In addition, citizen enforcement under
section 304 of the Clean Air Act is likewise unaffected by a state
audit privilege or immunity law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
Note: Incorporation by reference of the Implementation Plan for
the state of Alaska was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: September 4, 1998.
Randall F. Smith,
Acting Regional Administrator, Region 10.
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 et seq.
Subpart C--Alaska
2. Section 52.76 is amended by designating the existing text as
paragraph (a) and adding a paragraph (b) to read as follows: Sec. 52.76
1990 Base Year Emission Inventory
* * * * *
(b) EPA approves a revision to the Alaska State Implementation
Plan, submitted on December 5, 1994, of the on-road mobile source
portion of the 1990 Base Year Emission Inventory for Carbon Monoxide in
Anchorage and Fairbanks.
[FR Doc. 98-25318 Filed 9-22-98; 8:45 am]
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