[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33745-33748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16067]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT20-3-6773a; FRL-5212-4]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; 1990 Base Year Carbon Monoxide Emission Inventories for Utah
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 Ogden City, Salt Lake City, and Utah County
(which includes Provo-Orem) 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 August 28, 1995, unless
adverse or critical comments are received by July 31, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Douglas M. Skie,
Chief, Air Programs Branch (8ART-AP), 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 a.m. and 4 p.m., Monday through Friday at
the following office: United States Environmental Protection Agency,
Region 8, Air Programs Branch, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Programs Branch (8ART-
AP), United States Environmental Protection Agency, Region 8, 999 18th
Street, Suite 500, Denver, Colorado 80202-2466, (303) 293-1814.
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 Ogden City, Salt Lake City, and
Utah County 1990 base year CO emission inventories as part of the SIP.
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 toward attainment. The CAA
(section 187(a)(1)) required CO nonattainment areas classified as
moderate or serious to submit a 1990 base year CO inventory
[[Page 33746]]
that represents actual emissions, that occurred in the CO season, by
November 15, 1992. This requirement applies to Ogden City and Utah
County. In addition, 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. ``Not Classified'' CO nonattainment areas, such as Salt Lake
City, were required to submit a 1990 base year emission inventory by
November 15, 1993 (refer to the General Preamble to Title I of the CAA,
57 FR 13529, dated April 16, 1992, and 57 FR 18070, dated April 28,
1992).
To prepare the attainment demonstration for CO nonattainment areas
classified as moderate or serious, 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 187(a)(1), (a)(5), (a)(7), and 187(d)(1) of
Title I of the CAA. 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 (refer to 57 FR 13529,
dated April 16, 1992, and 57 FR 18070, dated 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 the supporting rationale.
Those States containing moderate and serious carbon monoxide
nonattainment areas were required under Section 182(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 (also, refer to 57 FR 13530, dated April 16, 1992).
Classified'' CO nonattainment areas were required to submit their
inventories by November 15, 1993 (refer to 57 FR 13535, dated April 16,
1992). Stationary point, stationary area, on-road mobile, and non-road
mobile sources of carbon monoxide (CO) were to be included in each
inventory. This inventory was for calendar year 1990 and 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 air quality concentrations
occur. For areas where winter is the peak CO season, as is the case for
Ogden City, Salt Lake City, and Utah County, the 1990 base year
inventory included the period December 1989 through February 1990.
Available guidance for preparing emission inventories was provided in
the General Preamble (refer to 57 FR 13498, dated April 16, 1992).
II. Analysis of the State's Submittal
Section 110(k) of the Act sets out provisions governing EPA's
review of CO 1990 base year emission inventory submittals in order to
determine approval or disapproval for the requirements of section
187(a)(1) and section 172(c) (also, refer to 57 FR 13565-66, April 16,
1992). EPA is approving the CO 1990 base year emission inventories for
Ogden City, Salt Lake City, and Utah County, Utah as submitted to EPA
in a letter July 11, 1994, based on EPA's Level I, II, and III 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 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 CO nonattainment areas with design values greater than 12.7
ppm were required to submit the entire SIP revision (1990 base year
emissions inventory, attainment demonstration, and control strategies)
by November 15, 1992 (i.e., Utah County). CO areas with design values
of 12.7 ppm and below were required to submit a 1990 base year
emissions inventory by November 15, 1992 (i.e., Ogden City). ``Not
Classified'' CO nonattainment areas (i.e., Salt Lake City) were
required to submit a 1990 base year emissions inventory by November 15,
1993 (refer to section 107(d)(1)(C) and section 172(c) of the CAA, 56
FR 56694, and the interpretation at 57 FR 13535).2
\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.
\2\ Also section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
The State of Utah held a public hearing on May 5, 1994, for the
entire CO SIP revision which also contained the 1990 base year emission
inventories for Ogden City, Salt Lake City, and Utah County. The CO SIP
revision (including the inventories) was adopted by the State on July
1, 1994, with an effective date of August 31, 1994. The Governor
submitted the CO SIP revision, which included the 1990 base year
inventories, to EPA in a letter dated July 11, 1994.
Utah's CO SIP revision was reviewed by EPA and found to be complete
on July 15, 1994.
B. Review of Utah's 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 David Mobley and G. T. Helms to the Regions ``1990
O3/CO SIP Emission Inventory Level III Acceptance Criteria'',
October 7, 1992 3 and revised in a memorandum from John Seitz to
the Regional Air Directors dated June 24, 1993.4 EPA's review also
evaluates the level of supporting documentation provided by the State
and assesses whether the emissions were developed, and data quality
assured, according to current EPA guidance.
\3\ Memorandum from J. David Mobley, Chief, Emissions Inventory
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory
Level III Acceptance Criteria,'' October 7, 1992.
\4\ 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
[[Page 33747]]
it must pass all of the following acceptance criteria:
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: Utah's IPP was approved by
EPA on April 2, 1992. The IPP's QA program requirements were addressed
in Section 4. of the Ogden City inventory, in Section 4. of the Salt
Lake City inventory, and in Section 4. of the Utah County 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 1. through 10. in each of the three CO inventories.
3. The point source inventory must be complete.
Analysis: This requirement was addressed in Section 7. of the Utah
County inventory. There are no CO major point sources (equal to or
greater than 100 tons per year of CO) located in the Ogden City or Salt
Lake City CO nonattainment areas.
4. Point source emissions must have been prepared or calculated
according to the current EPA guidance.
Analysis: This requirement was addressed in Section 7. of the Utah
County inventory.
5. The area source inventory must be complete.
Analysis: This requirement was addressed in Section 5. of the Ogden
City inventory, Section 5. of the Salt Lake City inventory, and Section
5. of the Utah County 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 5. of the Ogden
City inventory, Section 5. of the Salt Lake City inventory, and Section
5. of the Utah County 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 6.1 of the
Ogden City inventory, Section 6.1 of the Salt Lake City inventory, and
Section 6.1 of the Utah County inventory.
8. The MOBILE model (or EMFAC model for California only) was
correctly used to produce emission factors for each of the vehicle
classes.
Analysis: This requirement was addressed in Section 6.1 of the
Ogden City inventory, Section 6.1 of the Salt Lake City inventory, and
Section 6.1 of the Utah County inventory.
9. Non-road mobile emissions were prepared according to current EPA
guidance for all of the source categories.
Analysis: This requirement was addressed in Sections 6.2.1, 6.2.2,
and 6.2.3 of the Ogden City inventory, Sections 6.2.1, 6.2.2, and 6.2.3
of the Salt Lake City inventory, and Sections 6.2.1, 6.2.2, and 6.2.3
of the Utah County inventory.
Final Action
EPA is approving the carbon monoxide 1990 base year emission
inventories for Ogden City, Utah State Implementation Plan, Section IX,
Part C.3., Table IX.C.5; Salt Lake City, Utah State Implementation
Plan, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah State
Implementation Plan, Section IX, Part C.6., Table IX.C.10. These
inventories were submitted by the Governor in a letter dated July 11,
1994.
The 1990 base year CO emissions from point sources, area sources,
on-road mobile sources, and non-road mobile sources for Ogden City,
Salt Lake City, and Utah County are summarized in the following table:
Carbon Monoxide Seasonal Emissions
[in Tons Per Day]
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Area On-road Non-road
Non-attainment area Point source emissions \1\ source mobile mobile Total
emissions emissions emissions emissions
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Ogden City.............................. None Identified........... 5.60 67.80 0.89 74.29
Salt Lake City.......................... None Identified........... 13.98 228.78 7.86 250.62
Utah County............................. 145.24.................... 27.19 353.23 4.45 530.11
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\1\ Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).
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 Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective August 28, 1995, unless, by July 31, 1995, adverse or
critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document 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 August 28, 1995.
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.
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.
[[Page 33748]]
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 August 28, 1995. 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).
SIP approvals under Section 110 and Subchapter I, Part D of the CAA
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 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. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976);
42 U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 187(a)(1) of
the Clean Air Act. These rules may bind State, local and tribal
governments to perform certain actions and also require the private
sector to perform certain duties. To the extent that the inventories
being approved by this action will impose no new requirements; such
sources are already subject to these regulations under State law.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action. EPA has
also determined that this direct final action does not include a
mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Approval of this specific revision to the SIP does not indicate EPA
approval of the SIP in its entirety.
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: May 17, 1995.
Robert L. Duprey,
Acting Regional Administrator.
40 CFR part 52, subpart TT, 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 TT--Utah
2. Section 52.2320 is amended by adding paragraph (c)(29) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(29) Revisions to the Utah State Implementation Plan for the 1990
Carbon Monoxide Base Year emission inventories for Ogden City, Salt
Lake City, and Utah County were submitted by the Governor in a letter
dated July 11, 1994.
(i) Incorporation by reference.
(A) Carbon Monoxide 1990 Base Year Emission Inventories for Ogden
City, Utah SIP, Section IX, Part C.3., Table IX.C.5; Salt Lake City,
Utah SIP, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah
SIP, Section IX, Part C.6., Table IX.C.10 all of which became effective
on August 31, 1994.
[FR Doc. 95-16067 Filed 6-28-95; 8:45 am]
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