[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Proposed Rules]
[Pages 36135-36136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12966]
[[Page 36135]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Docket: AK-02-003; FRL-7216-7]
Determination of Attainment for the Carbon Monoxide National
Ambient Air Quality Standard for Fairbanks Carbon Monoxide
Nonattainment Area, Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to find that the Fairbanks nonattainment area
in Alaska has attained the National Ambient Air Quality Standards
(NAAQS) for carbon monoxide (CO) as of December 31, 2001.
DATES: Written comments must be received on or before June 24, 2002.
ADDRESSES: Written comments should be mailed to Connie Robinson, Office
of Air Quality, Mail code OAQ-107, EPA Region 10, 1200 Sixth Avenue,
Seattle, Washington 98101. Copies of documents relevant to this action
are available for public review during normal business hours (8 a.m. to
4:30 p.m.) at this same address.
FOR FURTHER INFORMATION CONTACT: Connie Robinson, Office of Air
Quality, Mail Code OAQ-107, EPA Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1086.
SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,''
``us,'' or ``our'' means the EPA.
Table of Comments
I. Background
A. Designation and Classification of CO Nonattainment Areas
B. How Does EPA Make Attainment Determinations?
C. What is the Attainment Date for the Fairbanks CO
Nonattainment Area?
II. EPA's Proposed Action
III. Basis for EPA's Action
IV. Request for Public Comments
V. Administrative Requirements
I. Background
A. Designation and Classification of CO Nonattainment Areas
The Clean Air Act Amendments (CAAA) of 1990 authorized EPA to
designate areas across the country as nonattainment, and to classify
these areas according to the severity of the air pollution problem.
Pursuant to section 107(d) of the CAAA, following enactment on November
15, 1990, States were requested to submit lists, within 120 days, which
designated all areas of the country as either attainment,
nonattainment, or unclassifiable for CO. The EPA was required to
promulgate these lists of areas no later than 240 days following
enactment of the CAAA (See 56 FR 56694, (November 6, 1991)).
On enactment of the CAAA, a new classification structure was
created for CO nonattainment areas, pursuant to section 186 of the
CAAA, which included both a moderate and a serious area classification.
Under this classification structure, moderate areas with a design value
of 9.1-16.4 ppm, were expected to attain the CO NAAQS as expeditiously
as practicable, but no later than December 31, 1995. CO nonattainment
areas designated as serious, with a design value of 16.5 ppm and above,
were expected to attain the CO NAAQS as expeditiously as practicable,
but no later than December 31, 2000. Fairbanks did not have the two
years of clean data required to attain the standard by December 31,
2000, the required attainment date for CO serious areas, and under
section 186(a)(4) of the CAAA. Alaska requested and EPA granted a one
year extension of the attainment date deadline to December 31, 2001(See
66 FR 28836, (May 25, 2001)).
States containing areas classified as either moderate or serious
for CO had the responsibility of developing and submitting to EPA State
Implementation Plans (SIPs) which addressed the nonattainment air
quality problems in those areas. The EPA issued general guidance
concerning the requirements for SIP submittals, which included
requirements for CO nonattainment area SIPs, pursuant to Title I of the
CAAA (See generally, 57 FR 13498 (April 16, 1992), and 57 FR 18070
(April 28, 1992)). The air quality planning requirements for moderate
and serious CO nonattainment areas are addressed in sections 186-187
respectively of the CAAA, which pertain to the classification of CO
nonattainment areas as well as to the requirements for the submittal of
both moderate and serious area SIPs.
The EPA has the responsibility for determining whether a
nonattainment area has attained the CO NAAQS by the applicable
attainment date.\1\ In this case the EPA is required to make
determinations concerning whether serious CO nonattainment areas
attained the NAAQS by their attainment date. Pursuant to the CAAA, the
EPA is required to make an attainment determination for this area by
June 30, 2002, no later than 6 months following the attainment date for
the area. Therefore, this action is being taken to make a determination
of attainment for a serious CO nonattainment area with a December 31,
2001 attainment date.
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\1\ See sections 172(C), 179(c) and 186(b)(2) of the CAAA.
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B. How Does EPA Make Attainment Determinations?
Section 179(c)(1) of the CAAA provides that attainment
determinations are to be based upon an area's ``air quality as of the
attainment date,'' and section 186(b)(2) is consistent with this
requirement. EPA will make the determination as to whether an area's
air quality is meeting the CO NAAQS based upon air quality data
gathered at CO monitoring sites in the nonattainment area which have
been entered into the Aerometric Information Retrieval System (AIRS).
This data is reviewed to determine the area's air quality status in
accordance with EPA guidance at 40 CFR 50.8, and in accordance with EPA
policy and guidance as stated in a memorandum from William G. Laxton,
Director Technical Support Division, entitled ``Ozone and Carbon
Monoxide Design Value Calculations,'' dated June 18, 1990.
The 8-hour CO design value is used to determine attainment of CO
areas, and is computed by first finding the maximum and second maximum
(non-overlapping) 8-hour values at a monitoring site for the most
recent 2 years of air quality data. Then the maximum value of the
second high values is used as the design value for the monitoring site.
The CO NAAQS requires that not more than one 8-hour average per year
can exceed 9.0 ppm (values below 9.5 are rounded down to 9.0 and are
not considered exceedances). CO attainment is evaluated and determined
by reviewing 8 quarters of data, or a total of 2 complete calendar
years of data for an area. If an area has a design value that is
greater than 9.0 ppm, this means that a monitoring site in the area,
where the second highest (non-overlapping) 8-hour average was measured,
was greater than 9.0 ppm in at least 1 of the 2 years being reviewed to
determine attainment for the area. Then this indicates that there were
at least two values which measured above the NAAQS for CO. Thus, the
standard was not met in the area.
C. What Is the Attainment Date for the Fairbanks CO Nonattainment Area?
As stated above, the Fairbanks CO nonattainment area was designated
nonattainment for CO by operation of law upon enactment of the CAAA of
1990. Under 186(a) of the CAAA, each CO area designated nonattainment
was also classified by operation of law as
[[Page 36136]]
either ``moderate'' or ``serious'' depending on the severity of the
area's air quality problem. States containing areas that were
classified as moderate nonattainment were required to attain the CO
NAAQS as expeditiously as practicable but no later than December 31,
1995. On March 30, 1998, EPA made a finding that Fairbanks did not
attain the CO NAAQS by the December 31, 1995 attainment date for the
moderate nonattainment area. This finding was based on EPA's review of
monitored air quality data for compliance with the CO NAAQS. As a
result of this finding the Fairbanks CO nonattainment area was
reclassified as a serious CO nonattainment area by operation of law
[See 63 FR 9945, (February 27, 1998)]. Fairbanks did not have the two
years of clean data required to attain the standard by December 31,
2000, the required attainment date for CO serious areas, and under
section 186(a)(4) of the CAAA, Alaska requested and EPA granted a one
year extension of the attainment date deadline to December 31, 2001.
II. EPA's Proposed Action
EPA is, by today's action, making the determination that the
Fairbanks serious CO nonattainment area did attain the CO NAAQS by the
attainment date of December 31, 2001. As explained below, the Fairbanks
nonattainment area remains classified a serious CO nonattainment area,
and today's action does not redesignate the Fairbanks nonattainment
area to attainment.
III. Basis for EPA's Action
Alaska has three CO monitoring sites in the Fairbanks CO
nonattainment area. The air quality data in AIRS for these monitors
show that, for the 2-year period from 2000 through 2001, there were no
violations of the annual CO standard. The second highest 8-hour average
measured during this 2-year period was at the Second and Cushman
monitoring site in 2000 when the site measured 8.9 ppm. Based on this
information, EPA has determined that the area attained the CO NAAQS
standard as of the attainment date of December 31, 2001.
In summary, EPA proposes to find that the Fairbanks CO
nonattainment area attained the CO NAAQS as of the attainment date of
December 31, 2001. If we finalize this proposal, consistent with CAAA
section 188, the area will remain a serious CO nonattainment area with
the additional planning requirements that apply to serious CO
nonattainment areas. This proposed finding of attainment should not be
confused with a redesignation to attainment under CAAA section 107(d).
Alaska has not submitted a maintenance plan as required under section
175A(a) of the CAAA or met the other CAAA requirements for
redesignation to attainment. The designation status in 40 CFR part 81
will remain serious nonattainment for the Fairbanks CO nonattainment
area until such time as EPA finds that Alaska has met the CAAA
requirements for redesignations to attainment.
IV. Request for Public Comments
We are soliciting public comments on EPA's proposal to find that
the Fairbanks CO nonattainment area has attained the CO NAAQS as of the
December 31, 2001, attainment date. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking process by submitting written comments to the EPA
Regional office listed in the ADDRESSES section of this document.
V. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 14, 2002.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 02-12966 Filed 5-22-02; 8:45 am]
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