[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67466-67469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32222]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CO24-1-5701a, CO25-1-5700a, CO26-1-5702a; FRL-5664-3]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; 1990 Base Year Carbon Monoxide Emission Inventories for
Colorado
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 inventories for Colorado Springs, Denver/Longmont, and Fort
Collins that were submitted by the State to satisfy certain
requirements of the Clean Air Act (CAA), as amended in 1990.
DATES: This final rule will be effective February 21, 1997 unless
adverse or critical comments are received by January 22, 1997. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Richard R. Long,
Director, Air Program (8P2-A), United States Environmental Protection
Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466.
Copies of the documents relevant to this action are available for
public inspection between 8:00 a.m. and 4:00 p.m., Monday through
Friday at the following office: United States Environmental Protection
Agency, Region 8, Air Program, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program (8P2-A), United
States Environmental Protection Agency, Region 8, 999 18th Street,
Suite 500, Denver, Colorado 80202-2466 ph. (303) 312-6479.
SUPPLEMENTARY INFORMATION: Section 110(a)(2)(H)(i) of the CAA provides
the State the opportunity to update its State Implementation Plan (SIP)
as needed or to address new statutory requirements. The State is
utilizing this authority to include the Colorado Springs, Denver/
Longmont, and Fort Collins 1990 base year CO emission inventories as
part of the SIP.
I. Background to the Action
As required by the CAA, States have the responsibility to inventory
emissions contributing to NAAQS nonattainment, to track these emissions
[[Page 67467]]
over time, and to ensure that control strategies are being implemented
that reduce emissions and move areas towards attainment.
The CAA required CO nonattainment areas classified as moderate or
serious to submit a 1990 base year inventory of actual CO emissions
that occurred in the 1990 CO season, by November 15, 1992. Moderate and
serious CO nonattainment areas are also required to submit a three-year
periodic inventory. The first periodic inventory, which must represent
actual CO season emissions for 1993 was to be submitted no later than
September 30, 1995. A periodic inventory is due every three years
thereafter until the area is redesignated to attainment. Moderate CO
nonattainment areas with a design value of 12.7 ppm CO or more were
required to submit a plan by November 15, 1992, that demonstrates
attainment of the CO NAAQS by December 31, 1995.
To prepare the attainment demonstration, a 1990 base year and
projected modeling inventories are needed. The 1990 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,'' U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina, dated March, 1991.
The air quality planning requirements for CO nonattainment areas
are set out in sections 172(c), 182 (a)(1), (a)(5), and (a)(7) of Title
I of the CAA; special planning requirements for Denver are provided in
section 187(a)(2)(B). EPA previously issued a General Preamble
describing EPA's preliminary views on how EPA intended to review SIP
revisions submitted under Title I of the CAA, including requirements
for the preparation of the 1990 base year inventory (57 FR 13529, April
16, 1992, and 57 FR 18070, April 28, 1992). Because EPA is describing
its interpretations in this action only in broad terms, the reader
should refer to the General Preamble for a more detailed discussion of
the interpretations of Title I advanced in this action and its
supporting rationale.
Those States containing moderate and serious carbon monoxide
nonattainment areas were required under Section 187(a)(1) of the CAA to
submit by November 15, 1992, a comprehensive, accurate, and current
inventory of actual CO season emissions from all sources for each
nonattainment area (see also 57 FR 13530, April 16, 1992). Stationary
point sources, stationary area sources, on-road mobile, and non-road
mobile sources of carbon monoxide (CO) were to be included in each
inventory. This inventory for calendar year 1990 was denoted as the
base year inventory. The inventory was to address actual CO emissions
for the area during the peak CO season. The peak CO season should
reflect the months when peak CO concentrations occur. For areas where
winter is the peak CO season, as is the case for Colorado Springs,
Denver/Longmont, and Fort Collins, the 1990 base year inventory was to
include the period November 1989 through January 1990. Available
guidance for preparing emission inventories was provided in the General
Preamble (57 FR 13498, April 16, 1992).
II. Analysis of the State's Submittal
Section 110(k) of the Act sets out provisions governing EPA's
action on plan submissions of the 1990 base year CO emission inventory
based on whether or not the inventory satisfies the requirements of
Section 187(a)(1) and Section 172(c) (see also, 57 FR 13565-66, April
16, 1992). EPA is approving the CO 1990 base year emission inventories
for Colorado Springs, Denver/Longmont, and Fort Collins as submitted to
EPA on December 31, 1992 (with revisions for Colorado Springs and Fort
Collins, dated March 23, 1995, and revisions for Denver/Longmont, dated
July 11, 1994, and October 21, 1994), based on EPA's review findings.
The following describes the review procedures associated with
determining the acceptability of a 1990 base year emission inventory
and discusses the levels of acceptance or disapproval that can result
from the findings of the review process.
A. Procedural Background
The CAA requires States to observe certain procedural requirements
in developing SIP revisions for submittal to EPA. Section 110(a)(2) of
the CAA requires that each SIP revision (including emission
inventories) be adopted after going through a reasonable notice and
public hearing process prior to being submitted by a State to
EPA.1 CO nonattainment areas with design values greater than 12.7
ppm (i.e., Metro Denver) were required to submit the entire SIP
revision (1990 base year emissions inventory, attainment demonstration,
and control strategies) by November 15, 1992. CO areas with design
values of 12.7 ppm and below (i.e., Colorado Springs and Fort Collins)
were required to submit a 1990 base year emissions inventory by
November 15, 1992.
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\1\ See, 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 Colorado held a public hearing on November 19, 1992,
directly after which the three CO inventories were adopted by the
Colorado Air Quality Control Commission (AQCC). The Governor submitted
the 1990 base year inventories to EPA by a letter dated December 31,
1992. Supplemental revisions to the Colorado Springs and Fort Collins
inventories were submitted by Thomas Getz, Director, Air Pollution
Control Division, by a letter dated March 23, 1995. Revisions to the
Denver/Longmont inventory were adopted on June 16, 1994, (in
conjunction with the Denver CO SIP revision) and were submitted by the
Governor to EPA by a letter dated July 11, 1994. Additional revisions
to the Denver/Longmont inventory were submitted by Thomas Getz by a
letter dated October 21, 1994.
Colorado's December 31, 1992, CO emission inventories submittal was
reviewed by EPA and found to be complete on March 5, 1993.
B. Review of Colorado's 1990 Base Year SIP CO Inventories
EPA's Level I, II, and III review process checklists are used to
determine if all components of a CO base year inventory are present and
approvable. EPA's detailed Level I and II review procedures can be
found in the following document: ``Quality Review Guidelines for 1990
Base Year Emission Inventories,'' U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC, July 27, 1992. The Level III review procedures are specified in a
memorandum from J. David Mobley, Chief, Emissions Inventory Branch, to
Air Branch Chiefs, Regions I-X, ``Final Emission Inventory Level III
Acceptance Critera,'' October 7, 1992 and revised in a memorandum from
John Seitz to the Regional Air Directors, dated June 24, 1993.2
EPA's review also evaluates the level of supporting documentation
provided by the State and assesses whether the emission calculations
were developed, and data
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quality assured, according to current EPA guidance.
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\2\ Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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The Level III review process is outlined below and consists of nine
requirements that a CO base year inventory must include. For a base
year CO emission inventory to be acceptable, it must pass all of the
following acceptance criteria:
Note: For all information that follows--Colorado Springs
inventory refers to the March 23, 1995, version; the Denver/Longmont
inventory refers to the July 11, 1994, version; and the Fort Collins
inventory refers to the March 23, 1995, version.
1. An approved Inventory Preparation Plan (IPP) was provided and
the Quality Assurance (QA) program contained in the IPP was performed
and its implementation documented.
Analysis: Colorado's IPP was approved by EPA on March 13, 1992. The
IPP's QA program requirements were addressed in Section 5 of the
Colorado Springs inventory, in Section 5 of the Denver/Longmont
inventory, and in Section 5 of the Fort Collins inventory.
2. Adequate documentation was provided that enabled the reviewer to
determine the emission estimation procedures and the data sources used
to develop the inventory.
Analysis: This requirement was addressed in Sections 2 through 4
and Appendices 2 through 9 in each of the three CO inventories.
3. The point source inventory must be complete.
Analysis: This requirement was addressed in Section 4.1 and
Appendix 6 of the Colorado Springs and Denver/Longmont inventories.
There are no CO major point sources (equal to or greater than 100 tons
per year of CO) located in the Fort Collins nonattainment area.
4. Point source emissions were calculated according to the current
EPA guidance.
Analysis: This requirement was addressed in Section 4.1 and
Appendix 6 of the Colorado Springs and Denver/Longmont inventories.
There are no CO major point sources (equal to or greater than 100 tons
per year of CO) located in the Fort Collins nonattainment area.
5. The area source inventory must be complete.
Analysis: This requirement was addressed in Section 4.5 and
Appendices 7 through 9 of the Colorado Springs and Fort Collins
inventories, and Section 4.1 and Appendices 7 through 9 of the Denver/
Longmont inventory.
6. The area source emissions must have been prepared or calculated
according to the current EPA guidance.
Analysis: This requirement was addressed in Section 4.5 and
Appendices 7 through 9 of the Colorado Springs and Fort Collins
inventories, and Section 4.1 and Appendices 7 through 9 of the Denver/
Longmont inventory.
7. The method (e.g., HPMS or a network transportation planning
model) used to develop VMT estimates must follow EPA guidance, which is
detailed in the document, ``Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources'', U.S. Environmental Protection
Agency, Office of Mobile Sources and Office of Air Quality Planning and
Standards, Ann Arbor, Michigan, and Research Triangle Park, North
Carolina, December 1992. The VMT development methods were adequately
described and documented in the inventory report.
Analysis: This requirement was addressed in Section 2 and Appendix
2 in each of the three inventories.
8. The MOBILE model was correctly used to produce emission factors
for each of the vehicle classes.
Analysis: This requirement was addressed in Section 2 and Appendix
2 in each of the three inventories.
9. Non-road mobile emissions estimates were prepared according to
current EPA guidance for all of the source categories.
Analysis: This requirement was addressed in Section 3 and
Appendices 3 through 5 in each of the three inventories.
The 1990 base year CO emissions from point sources, area sources,
on-road mobile sources, and non-road mobile sources for Colorado
Springs, Denver/Longmont, and Fort Collins are summarized in the
following table:
Carbon Monoxide Seasonal Emissions in Tons Per Day
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Point On-road Non-road
Non-attainment area source Area source mobile mobile Total
emissions* emissions emissions emissions emissions
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Colorado Springs............................... 1.09 29.49 250.80 34.70 316.08
Denver/Longmont................................ 13.37 72.10 1441.97 153.23 1680.67
Fort Collins................................... N/A 7.54 49.99 8.96 66.49
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* Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).
III. Final Action
EPA is approving the carbon monoxide 1990 base year emission
inventories for Colorado Springs, Denver/Longmont, and Fort Collins.
All supporting calculations and documentation for these three 1990
carbon monoxide base year inventories are contained in the Technical
Support Document (TSD) for this action.
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 issue of the
Federal Register, EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. This action will be effective
February 21, 1997 unless, by January 22, 1997, adverse or critical
comments are received.
If 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 then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. 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 February 21, 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
any 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.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the
[[Page 67469]]
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
Clean Air 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, the Administrator certifies that it does not have
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.
U.S. EPA, 427 U.S. 246, 256-66 (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 rules that include a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
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 promulgated 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. This Federal action approves pre-
existing requirements under State or local law, 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.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 21, 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) of the CAA).
Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 12, 1996.
Jack W. McGraw,
Acting Regional Administrator.
40 CFR Part 52, 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 G--Colorado
2. Section 52.348 is added to subpart G to read as follows:
Sec. 52.348 Emission inventories.
The Governor of the State of Colorado submitted the 1990 carbon
monoxide base year emission inventories for the Colorado Springs,
Denver/Longmont, and Fort Collins nonattainment areas on December 31,
1992, as a revision to the State Implementation Plan (SIP). The
Governor submitted revisions to the Colorado Springs and Fort Collins
inventories by a letter dated March 23, 1995. The Governor submitted
revisions to the Denver/Longmont inventory by letters dated July 11,
1994, and October 21, 1994. The inventories address emissions from
point, area, on-road mobile, and non-road sources. These 1990 base year
carbon monoxide inventories satisfy the requirements of section
187(a)(1) of the Clean Air Act for each of these nonattainment areas.
[FR Doc. 96-32222 Filed 12-20-96; 8:45 am]
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