[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

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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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