[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]


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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.

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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

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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

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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]
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