[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Rules and Regulations]
[Pages 18122-18124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9678]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT-001-0004a; FRL-5993-4]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; 1993 Periodic Carbon Monoxide Emission Inventories for Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the 1993 periodic carbon monoxide (CO)
emission inventories for Ogden City and Utah County (which includes
Provo-Orem) that were submitted by the Governor, as a revision to the
State Implementation Plan (SIP), to satisfy certain requirements of
section 187(a)(5) of the Clean Air Act (CAA), as amended in 1990. This
action is being taken under section 110 of the CAA.
DATES: This final rule is effective June 15, 1998 unless within May 14,
1998, relevant adverse comments are received. 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.
Copies of the State documents relevant to this action are available
for public inspection at the following office: Utah Department of
Environmental Quality, Division of Air Quality, 150 North 1950 West,
Salt Lake City, Utah 84114-4820.
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; Telephone number: (303) 312-
6479.
SUPPLEMENTARY INFORMATION:
I. Background
As required by the CAA, 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. The CAA
required States with moderate or serious CO nonattainment areas to
initially submit a base year CO inventory that represented actual
emissions during the peak CO season by November 15, 1992. This base
year inventory was for calendar year 1990. Moderate and serious CO
nonattainment areas were also required to submit a revised emissions
inventory periodically. The 1990 base year inventory was to serve as
the primary inventory from which the periodic inventories were to be
derived. As per CAA section 187(a)(5), the submittal of the first
periodic emissions inventory, as a revision to the SIP, was required no
later than September 30, 1995, and every three years thereafter until
the area is redesignated to attainment. This requirement applies to
Ogden City and Utah County. Further information on these inventories
and their purpose can be found in the document ``Emission Inventory
Requirements for Carbon Monoxide State Implementation Plans'', USEPA,
Office of Air Quality Planning and Standards, EPA-450/4-91-011, March,
1991, and the September 30, 1994, guidance memorandum entitled ``1993
Periodic Emission Inventory Guidance'', signed by J. David Mobley,
Chief of the Emission Inventory Branch (hereafter, the Mobley
Memorandum).
The periodic inventories were to be prepared in similar detail as
was done with the 1990 base year inventories and were 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. As winter is the peak CO season for Ogden City and Utah County,
the 1993 periodic inventories included the period December through
February. The periodic inventories are to address emissions from
stationary point, area, on-road mobile, and non-road sources.
II. Analysis of the State's Submittal
A. Review of the 1993 CO Periodic Emissions Inventories (PEI) for Ogden
City and Utah County
The September 30, 1994, Mobley memorandum allowed for two options
for the approach to developing the 1993 PEI. If the 1993 PEI was to be
used for a regulatory purpose (i.e., milestone compliance
demonstration, rate of progress, maintenance plan tracking, etc.) a
rigorous, comprehensive PEI was to be developed similar in detail and
documentation to that which was done for the 1990 base year inventory.
If, however, EPA and the State determined that the 1993 PEI would not
be used to support a regulatory purpose other than to fulfill the CAA
section 187(a)(5) requirement, a less rigorous approach could be
appropriate. Utah chose the former option for both the Ogden City and
Utah County 1993 PEIs.
EPA has reviewed the 1993 PEIs for Ogden City and Utah County.
Summary tables, calculations for all identified sources in each source
category, and adequate documentation were provided by the State for
both of the PEIs. EPA has determined that the Ogden City and Utah
County 1993 PEIs satisfy the requirements of section 187(a)(5) of the
CAA.
The 1993 CO emissions from point sources, area sources, on-road
mobile
[[Page 18123]]
sources, and non-road mobile sources for Ogden City and Utah County are
summarized in the following table:
Carbon Monoxide Seasonal Emissions in Tons Per Day
----------------------------------------------------------------------------------------------------------------
On-Road Non-Road
Non-Attainment Area Point Source Area Source Mobile Mobile Total
Emissions Emissions Emissions Emissions Emissions
-------------------------------------------------\1\------------------------------------------------------------
Ogden City................................ (\2\) 5.96 54.03 0.95 60.94
Utah County............................... 89.95 26.55 292.10 4.61 413.21
----------------------------------------------------------------------------------------------------------------
\1\ Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).
\2\ None identified.
All supporting calculations and documentation for these 1993 carbon
monoxide periodic inventories are contained in the State's Technical
Support Document (TSD) for this action.
B. 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 provides 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\.
The September 30, 1994, Mobley memorandum, however, allowed an
alternative for the 1993 PEI submittals. Under the section of the
Mobley memorandum entitled ``Review and Approval'' EPA stated:
\1\ 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.
``The review and approval of the 1993 periodic emission inventory
is the responsibility of the Regional Office. In accordance with the
memorandum of September 29, 1992, on `Public Hearing Requirements for
1990 Base-Year Emissions Inventories for Ozone and Carbon Monoxide
Nonattainment Areas', rulemaking on the 1993 periodic emission
inventory can be deferred until it has regulatory significance. In any
case, a submittal of a 1993 periodic emission inventory is required to
avoid a `Finding of Failure to Submit' ''.
In view of the guidance provided in the Mobley memorandum, the Utah
State Air Director, Russell Roberts, decided to submit the Ogden City
and Utah County 1993 PEIs through two letters dated October 6, 1995.
(see State correspondence referenced as DAQS-0217-95 and DAQS-0218-95,
respectively). This action by the State was sufficient to avoid a
``Finding of Failure to Submit'' letter by EPA. However, EPA was
precluded from taking rulemaking action on the 1993 PEIs as they had
not gone through a notice and public hearing process, had not been
adopted by the Utah Air Quality Board (UAQB), and were not submitted as
a revision to the SIP by the Governor.
On December 9, 1996, the Governor submitted a request for
redesignation to attainment and a maintenance plan for Ogden City. At
this point in time the Ogden City 1993 PEI had reached ``regulatory
significance'' because the area must have a fully approved SIP to be
redesignated (see CAA section 107(d)(3)(E)(ii)). In a letter dated
September 17, 1997, from Richard R. Long, Director, Air Program, Region
8, to Ursula Trueman, Director, Utah Division of Air Quality, EPA
stated that in order to fulfill the requirements of sections 187(a)(5)
and 107(d)(3)(E)(ii) of the CAA, the Ogden City 1993 PEI would have to
go through the State's notice and public hearing process, be approved
by the UAQB, and be submitted by the Governor as a revision to the SIP.
Following a reasonable notice, the State held a public hearing for both
the Ogden City and Utah County 1993 PEIs on October 28, 1997. The
inventories were adopted by the UAQB and were formally submitted by the
Governor on November 12, 1997. EPA determined the submittal was
complete on February 5, 1998.
III. Final Rulemaking Action
EPA is approving the carbon monoxide 1993 periodic emission
inventories for Ogden City and Utah County as fulfilling the
requirements of section 187(a)(5) of the CAA. These inventories were
submitted by the Governor with a letter dated November 12, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment 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
relevant adverse comments be filed. This action will be effective June
15, 1998 without further notice unless the Agency receives relevant
adverse comments by May 14, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. Any parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 15, 1998 and no further action will be
taken on the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
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 a significant impact on
any small entities affected. Moreover, due to the
[[Page 18124]]
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 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 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
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 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).
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 June 15, 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) of the CAA).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: March 26, 1998.
Jack McGraw,
Acting Regional Administrator, Region VIII.
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 et seq.
Subpart TT--Utah
2. Section 52.2350 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 52.2350 Emission inventories.
* * * * *
(b) On November 12, 1997, the Governor of Utah submitted the 1993
Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah
County as revisions to the Utah State Implementation Plan. These
inventories address carbon monoxide emissions from stationary point,
area, non-road, and on-road mobile sources.
[FR Doc. 98-9678 Filed 4-13-98; 8:45 am]
BILLING CODE 6560-50-P
