[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Rules and Regulations]
[Pages 11775-11782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5661]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0029a; FRL-6236-7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Greeley Carbon Monoxide Redesignation to Attainment, 
Designation of Areas for Air Quality Planning Purposes, and Approval of 
a Related Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 16, 1997, the Governor of Colorado submitted a 
request to redesignate the Greeley ``not classified'' carbon monoxide 
(CO) nonattainment area to attainment for the CO National Ambient Air 
Quality Standard (NAAQS). The Governor also submitted a CO maintenance 
plan which included a 1990 base year emissions inventory. In this 
action, EPA is approving the Greeley CO redesignation request, the 
maintenance plan, and the 1990 base year emissions inventory.

DATES: This direct final rule is effective on May 10, 1999 without 
further notice, unless EPA receives adverse comments by April 9, 1999. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments may be mailed to: Richard R. Long, 
Director, Air and Radiation Program, Mailcode 8P-AR, United States 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
offices:

United States Environmental Protection Agency, Region VIII, Air and 
Radiation Program, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466; and,
United States Environmental Protection Agency, Air and Radiation Docket 
and Information Center, 401 M Street, SW, Washington, DC 20460.

    Copies of the State documents relevant to this action are available 
for public inspection at: Colorado Air Pollution Control Division, 
Colorado Department of Public Health and Environment, 4300 Cherry Creek 
Drive South, Denver, Colorado, 880246-1530.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Mailcode 8P-AR, United States Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, 
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), EPA 
designated the Greeley area as nonattainment for CO because the area 
had been previously designated as nonattainment before November 15, 
1990. The Greeley area was classified as a ``not classified'' CO 
nonattainment area as the area had not violated the CO NAAQS in 1988 
and 1989.1
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    \1\ The EPA describes areas as ``not classified'' if they were 
designated nonattainment both prior to enactment and (pursuant to 
CAA section 107(d)(1)(C)) at enactment, and if the area did not 
violate the primary CO NAAQS in either year for the 2-year period of 
1988 through 1989. Refer to the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990'', 
57 FR 13498, April 16, 1992. See specifically 57 FR 13535, April 16, 
1992.
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    Under the CAA, designations can be changed if sufficient data are 
available to warrant such changes and if certain other requirements are 
met. See CAA section 107(d)(3)(D). Section 107(d)(3)(E) of the CAA 
provides that the Administrator may not promulgate a redesignation of a 
nonattainment area to attainment unless:
    (i) The Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) The Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) The Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) The Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) The State containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    Thus, before EPA can approve the redesignation request, EPA must 
find, among other things, that all applicable SIP elements have been 
fully approved. Approval of the applicable SIP elements may occur prior 
to final approval of the redesignation request or simultaneously with 
final approval of the redesignation request. EPA notes there are no 
outstanding SIP elements necessary for the redesignation.
    Section 110(k) of the CAA sets out provisions governing EPA's 
action on submissions of revisions to a State Implementation Plan. The 
CAA also 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 be adopted after reasonable notice 
and public hearing prior to being submitted by a State to EPA. For the 
revision to the Colorado SIP, Carbon Monoxide (CO) Redesignation 
Request and Maintenance Plan for Greeley, a public hearing was held on 
September 16, 1996, by the Colorado Air Quality Control Commission 
(AQCC). The redesignation request, maintenance plan, and 1990 base year 
CO emissions inventory were adopted by the AQCC directly after the 
hearing. These SIP revisions became State effective November 30, 1996, 
and were submitted by the Governor to EPA on September 16, 1997. EPA 
has evaluated the submittal and has determined that the above 
procedural actions were accomplished in compliance with section 
110(a)(2) of the CAA. By operation of law under the provisions of 
section 110(k)(1)(B) of the

[[Page 11776]]

CAA, the submittal became complete on March 16, 1998.

II. Evaluation of Redesignation Requirements

    EPA has reviewed the State's redesignation request, maintenance 
plan, and the 1990 base year emission inventory and believes that 
approval of the request is warranted, consistent with the requirements 
of CAA section 107(d)(3)(E). Descriptions of how the section 
107(d)(3)(E) requirements are being addressed are provided below.

Section 1. Redesignation Criterion: The Area Must Have Attained the 
Carbon Monoxide (CO) NAAQS

    Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
redesignated to attainment, the Administrator must determine that the 
area has attained the applicable NAAQS. As described in 40 CFR 50.8, 
the national primary ambient air quality standard for carbon monoxide 
is 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
average concentration not to be exceeded more than once per year. 40 
CFR 50.8 continues by stating that the levels of CO in the ambient air 
shall be measured by a reference method based on 40 CFR part 50, 
appendix C and designated in accordance with 40 CFR part 53 or an 
equivalent method designated in accordance with 40 CFR part 53. 
Attainment of the CO standard is not a momentary phenomenon based on 
short-term data. Rather, for an area to be considered attainment, each 
of the CO ambient air quality monitors in the area are allowed to 
record no more than one exceedance of the CO standard over a one-year 
period. 40 CFR 50.8 and 40 CFR part 50, appendix C. If a single monitor 
in the CO monitoring network records more than one exceedance of the CO 
standard during a one-year calendar period, then the area is in 
violation of the CO NAAQS. In addition, EPA's interpretation of the CAA 
and EPA national policy 2 has been that an area seeking 
redesignation to attainment must show attainment of the CO NAAQS for a 
continuous two-year calendar period and, additionally, at least through 
the date that EPA promulgates the redesignation to attainment in the 
Federal Register.
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    \2\ Refer to EPA's September 4, 1992, John Calcagni policy 
memorandum entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.''
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    Colorado's CO redesignation request for the Greeley area is based 
on an analysis of quality assured ambient air quality monitoring data 
that are relevant to the redesignation request. Ambient air quality 
monitoring data for consecutive calendar years 1988 through 1997 show a 
measured exceedance rate of the CO NAAQS of 1.0 or less per year, per 
monitor, in the Greeley nonattainment area. These data were collected 
and analyzed as required by EPA (see 40 CFR 50.8 and 40 CFR part 50, 
appendix C) and have been archived by the State in EPA's Aerometric 
Information and Retrieval System (AIRS) national database. Further 
information on CO monitoring is presented in section 2 of the State's 
maintenance plan and in the State's TSD. EPA has evaluated the ambient 
air quality data and has determined that the Greeley area has not 
violated the CO standard and continues to demonstrate attainment.
    Because the Greeley nonattainment area has quality-assured data 
showing no violations of the CO NAAQS for 1994 and 1995, the years the 
State used to support the redesignation request, and additionally, over 
the most recent consecutive two-calendar-year period (i.e., 1997 and 
1998), the Greeley area has met the first component for redesignation: 
demonstration of attainment of the CO NAAQS. EPA notes that the State 
of Colorado has also committed in the maintenance plan to the necessary 
continued operation of the CO monitor in compliance with all applicable 
federal regulations and guidelines.

Section 2. Redesignation Criterion: The Area Must Have Met All 
Applicable Requirements Under Section 110 and Part D of the CAA

    Section 107(d)(3)(E)(v) requires that, to be redesignated to 
attainment, an area must meet all applicable requirements under section 
110 and part D of the CAA. EPA interprets section 107(d)(3)(E)(v) to 
mean that for a redesignation to be approved, the State must meet all 
requirements that applied to the subject area prior to or at the time 
of the submission of a complete redesignation request. Requirements of 
the CAA due after the submission of a complete redesignation request 
need not be considered in evaluating the request.
A. CAA Section 110 Requirements
    The Greeley CO element of the Colorado SIP was adopted by the 
Colorado Air Quality Control Commission (AQCC) in June of 1982 and was 
approved by the EPA on December 12, 1983 (48 FR 55284). The 1982 SIP 
element's emission control plan was based on emission reductions from 
the Federal Motor Vehicle Control Program (FMVCP) and local 
transportation control measures. The anticipated date for attaining the 
8-hour CO NAAQS was December 31, 1987.
    In May of 1986, the Colorado Air Pollution Control Divisions (APCD) 
determined that the Greeley area would not be able to attain the CO 
NAAQS by the end of 1987 (this determination was based on estimated 
emission reductions and ambient air quality monitoring data.) EPA 
confirmed the APCD's evaluations, determined that the SIP was 
inadequate, and published a call on the SIP on January 16, 1987 (52 FR 
1908). In response to EPA's SIP Call, the Greeley CO element of the SIP 
was revised by the AQCC in September of 1987. The Governor submitted 
the revised Greeley CO SIP element on November 25, 1987 (with 
supplemental information being submitted on February 25, 1988). The 
1987 SIP revision contained additional emission controls consisting of 
the implementation of a decentralized basic motor vehicle inspection 
and maintenance (I/M) program, oxygenated fuels, and emission standards 
for new wood burning stoves. EPA approved this revision for the Greeley 
CO element of the SIP on September 3, 1992 (57 FR 40331).
    Although section 110 of the CAA was amended in 1990, most of the 
changes were not substantial. The only additional CAA requirement 
assigned to the Greeley area was the preparation and submittal of a 
1990 base year CO emission inventory. The Governor submitted this base 
year inventory on September 16, 1997, as part of the maintenance plan 
for the Greeley redesignation request. EPA is approving this 1990 base 
year emissions inventory concurrent with its approval of the 
maintenance plan. Thus, EPA has determined that the SIP revisions 
approved in 1992 continue to satisfy the requirements of section 
110(a)(2). For further detail, please see 57 FR 40331.
B. Part D Requirements
    Before the Greeley not classified CO nonattainment area may be 
redesignated to attainment, the State must have fulfilled the 
applicable requirements of part D. Under part D, an area's 
classification indicates the requirements to which it will be subject. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas, whether classified or 
nonclassifiable.
    The relevant Subpart 1 requirements are contained in sections 
172(c) and 176. The General Preamble (57 FR 13498, April 16, 1992) 
provides EPA's interpretations of the CAA requirements for not 
classified CO areas (see 57 FR 13535):


[[Page 11777]]


    Although it seems clear that the CO-specific requirements of 
subpart 3 of part D do not apply to CO ``not classified'' areas, the 
1990 CAAA are silent as to how the requirements of subpart 1 of part 
D, which contains general SIP planning requirements for all 
designated nonattainment areas, should be interpreted for such CO 
areas. Nevertheless, because these areas are designated 
nonattainment, some aspects of subpart 1 necessarily apply.

    Under section 172(b), the applicable section 172(c) requirements, 
as determined by the Administrator, were due no later than three years 
after an area was designated as nonattainment under section 107(d) of 
the amended CAA (see 56 FR 56694). In the case of the Greeley area, the 
due date was November 15, 1993. As the Greeley CO redesignation request 
and maintenance plan were not submitted by the Governor until September 
16, 1997, the General Preamble (57 FR 13535) provides that the 
applicable requirements of CAA section 172 are 172(c)(3) (emissions 
inventory), 172(c)(5)(new source review permitting program), and 
172(c)(7)(the section 110(a)(2) air quality monitoring requirements)). 
EPA has determined that Part D requirements for Reasonably Available 
Control Measures (RACM), an attainment demonstration, reasonable 
further progress (RFP), and contingency measures (CAA section 
172(c)(9)) are not applicable to not classified CO areas. See 57 FR 
13535, April 16, 1992. It is also worth noting that EPA has interpreted 
the requirements of sections 172(c)(1) (reasonable available control 
measures--RACM), 172(c)(2) (reasonable further progress--RFP), 
172(c)(6)(other measures), and 172(c)(9)(contingency measures) as being 
irrelevant to a redesignation request because they only have meaning 
for an area that is not attaining the standard. See EPA's September 4, 
1992, John Calcagni memorandum entitled, ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'', and the General 
Preamble, 57 FR 13564, dated April 16, 1992. Finally, the State has not 
sought to exercise the options that would trigger sections 
172(c)(4)(identification of certain emissions increases) and 
172(c)(8)(equivalent techniques). Thus, these provisions are also not 
relevant to this redesignation request.
    Section 176 of the CAA contains requirements related to conformity. 
Although EPA's regulations (see 40 CFR 51.396) require that states 
adopt transportation conformity provisions in their SIPs for areas 
designated nonattainment or subject to an EPA-approved maintenance 
plan, EPA has decided that a transportation conformity SIP is not an 
applicable requirement for purposes of evaluating a redesignation 
request under section 107(d) of the CAA. This decision is reflected in 
EPA's 1996 approval of the Boston carbon monoxide redesignation. (See 
61 FR 2918, January 30, 1996.)
    The applicable requirements of CAA section 172 are discussed below.

(1) Section 172(c)(3)--Emissions Inventory

    Section 172(c)(3) of the CAA requires a comprehensive, accurate, 
current inventory of all actual emissions from all sources in the 
Greeley nonattainment area. EPA's interpretation of the emission 
inventory requirement for ``not classified'' CO nonattainment areas is 
detailed in the General Preamble (57 FR 13535, April 16, 1992). EPA 
determined that an emissions inventory is specifically required under 
CAA section 172(c)(3) and is not tied to an area's proximity to 
attainment. EPA concluded that an emissions inventory must be included 
as a revision to the SIP and was due 3 years from the time of the 
area's designation. For ``not classified'' CO areas, this date became 
November 15, 1993. To address the section 172(c)(3) requirement for a 
``current'' inventory, EPA interpreted ``current'' to mean calendar 
year 1990 (see 57 FR 13502, April 16, 1992).
    On September 16, 1997, the Governor submitted the 1990 base year 
inventory for the Greeley CO nonattainment area. A Summary of the 1990 
CO daily seasonal emissions are provided in the Table II.-1 below.

                      Table II.-1.--Summary of 1990 CO Emissions (Tons Per Day) for Greeley
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    Point Sources           Area Sources          On-Road Mobile        Non-Road Mobile             Total
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1.85.................               2.99                   48.3                   5.31                  58.45
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    All supporting calculations and documentation for this 1990 CO base 
year inventory are contained in the State's Technical Support Document 
(TSD) which supports this action. EPA is approving this 1990 base year 
CO inventory concurrent with its approval of the redesignation request 
and maintenance plan.

(2) Section 172(c)(5) New Source Review (NSR)

    The CAA requires all nonattainment areas to meet several 
requirements regarding NSR, including provisions to ensure that 
increased emissions will not result from any new or modified stationary 
major sources and a general offset rule. The State of Colorado has a 
fully-approved NSR program (59 FR 42500, August 18, 1994) that meets 
the requirements of CAA section 172(c)(5). The State also has a fully 
approved Prevention of Significant Deterioration (PSD) program (59 FR 
42500, August 18, 1994) that will apply after the redesignation to 
attainment is approved by EPA.

(3) Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air 
Quality Monitoring Requirements

    According to EPA's interpretations presented in the General 
Preamble (57 FR 13535), ``not classified'' CO nonattainment areas 
should meet the ``applicable'' air quality monitoring requirements of 
section 110(a)(2) of the CAA as explicitly referenced by sections 
172(b) and (c) of the CAA. With respect to this requirement, the State 
indicates in Section 2 (``Attainment of the Carbon Monoxide Standard'') 
of the maintenance plan, that ambient CO monitoring data have been 
properly collected and uploaded to EPA's Aerometric Information and 
Retrieval System (AIRS) since 1976 for the Greeley area. Air quality 
data through 1996 are included in Section 2 of the maintenance plan and 
in the State's TSD. EPA has more recently polled the AIRS database and 
has verified that the State has also uploaded additional ambient CO 
data through 1997. The data in AIRS indicate that the Greeley area has 
shown, and continues to show, attainment of the CO NAAQS. Information 
concerning CO monitoring in Colorado is included in the Monitoring 
Network Review (MNR) prepared by the State and submitted to EPA. EPA 
personnel have concurred with Colorado's annual network reviews and 
have agreed that the Greeley network remains adequate. Finally, in 
Section 6, D. of the maintenance plan, the State commits to the 
continued operation of the existing CO monitor, according to all 
applicable Federal regulations and guidelines, even after

[[Page 11778]]

the Greeley area is redesignated to attainment for CO.

Section 3. Redesignation Criterion: The Area Must Have a Fully Approved 
SIP Under Section 110(k) of the CAA

    Section 107(d)(3)(E)(ii) of the CAA states that for an area to be 
redesignated to attainment, it must be determined that the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k).
    Based on the approval into the SIP of provisions under the pre-1990 
CAA, EPA's prior approval of SIP revisions required under the 1990 
amendments to the CAA, and EPA's approval in this action of the 1990 
emissions inventory and the State's commitment to maintain an adequate 
monitoring network (both contained in the maintenance plan), EPA has 
determined that, as of the date of this Federal Register action, 
Colorado has a fully approved CO SIP under section 110(k) for the 
Greeley CO nonattainment area.

Section 4. Redesignation Criterion: The Area Must Show That the 
Improvement in Air Quality Is Due To Permanent and Enforceable 
Emissions Reductions

    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan (Greeley CO revision as approved on September 3, 
1992, 57 FR 40331), implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.
    The CO emissions reductions that were derived from the November 25, 
1987, SIP revision, as further described in Sections 3. and 4. of the 
September 16, 1997, Greeley maintenance plan, were achieved primarily 
through the Federal Motor Vehicle Control Program (FMVCP), a 
decentralized basic motor vehicle inspection and maintenance (I/M) 
program, oxygenated fuels, and emission standards for new wood burning 
stoves.
    In general, the FMVCP provisions require vehicle manufacturers to 
meet more stringent vehicle emission limitations for new vehicles in 
future years. These emission limitations are phased in (as a percentage 
of new vehicles manufactured) over a period of years. As new, lower 
emitting vehicles replace older, higher emitting vehicles (``fleet 
turnover''), emission reductions are realized for a particular area 
such as Greeley. For example, EPA promulgated lower hydrocarbon (HC) 
and CO exhaust emission standards in 1991, known as Tier I standards 
for new motor vehicles (light-duty vehicles and light-duty trucks) in 
response to the 1990 CAA amendments. These Tier I emissions standards 
were phased in with 40% of the 1994 model year fleet, 80% of the 1995 
model year fleet, and 100% of the 1996 model year fleet.
    In addition, as stated in Section 4. of the maintenance plan, 
significant additional emission reductions were realized from Greeley's 
basic I/M program. Colorado's Regulation No. 11, ``Motor Vehicle 
Emissions Inspection Program'', contains a full description of the 
requirements for Greeley's I/M program. EPA notes that further 
improvements to the Greeley area's basic I/M program were implemented 
in January, 1995, to meet the requirements of EPA's November 5, 1992, 
(57 FR 52950) I/M rule and were approved by EPA into the SIP on March 
19, 1996 (61 FR 11149).
    Oxygenated fuels are gasolines that area blended with additives 
that increase the level of oxygen in the fuel and, consequently, reduce 
CO tailpipe emissions. Colorado's Regulation 13, ``Oxygenated Fuels 
Program'', contains the oxygenated fuels provisions for the Greeley 
nonattainment area. Regulation 13 requires all Greeley-area gas 
stations to sell fuels containing a 2.7% minimum oxygen (by weight) 
during the wintertime CO high pollution season. The use of oxygenated 
fuels has significantly reduced CO emissions and contributed to the 
area's attainment of the CO NAAQS.
    All new Woodburning devices (stoves, fireplaces, fireplace inserts, 
etc.) are regulated by Colorado's Regulation No. 4, ``Regulation on the 
Sale of New Woodstoves and the use of Certain Woodburning Appliances 
During High Pollution Days''. Regulation No. 4 mirrors the Federal 
standards for woodburning devices and also contains the requirements 
for the ``burn'' and ``no burn'' days during the high pollution 
wintertime season. Although CO emissions from woodburning devices 
increased slightly from 2.72 tons per day (TPD) in 1990 to 2.89 TPD in 
1995, as presented in Tables IV. and V. of Section 6. of the 
maintenance plan, Regulation No. 4 still provided assistance to the 
Greeley area by controlling CO emissions from existing sources and 
reducing the potential CO emission increases from new sources.
    EPA has evaluated the various State and Federal control measures, 
the 1990 base year emission inventory, and the 1995 attainment year 
emission inventory, and has concluded that the improvement in air 
quality in the Greeley nonattainment area has resulted from emission 
reductions that are permanent and enforceable.

Section 5. Redesignation Criterion: The Area Must Have a Fully Approved 
Maintenance Plan Under CAA Section 175A

    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA.
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
For areas such as Greeley, that are utilizing EPA's limited maintenance 
plan approach, the EPA guidance memorandum entitled ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas'' 
from Joseph Paisie, Group Leader, Integrated Policy and Strategies 
Group, Office of Air Quality and Planning Standards, dated October 6, 
1995, states that the maintenance plan demonstration requirement is 
considered to be satisfied for nonclassifiable areas if the monitoring 
data show that the area is meeting the air quality criteria for limited 
maintenance areas (i.e., a design value at or below 7.65 ppm, or 85% of 
the CO NAAQS, based on the 8 consecutive quarters--2 years of data--
used to determine attainment). There is no requirement to project 
emissions over the maintenance period. EPA believes if the area begins 
the maintenance period at or below 85 percent of CO NAAQS, the 
continued applicability of PSD requirements, any control measures 
already in the SIP, and Federal measures, should provide adequate 
assurance of maintenance over the initial 10-year maintenance period. 
In addition, the design value for the area must continue to be at or 
below 7.65 ppm until the time of final EPA action on the redesignation. 
The method for calculating the design value is presented in the June 
18, 1990, EPA guidance memorandum entitled ``Ozone and Carbon Monoxide 
Design Value Calculations'', from William G. Laxton, Director of the 
OAQPS Technical Support Division, to Regional Air Directors. In the 
case of a nonclassifiable area applying for a limited maintenance plan, 
all the monitors must have a separate design value calculated and the 
highest design value must be at or below 7.65 ppm. Should the design 
value for the area

[[Page 11779]]

exceed 7.65 ppm prior to final EPA action on the redesignation, then 
the area no longer qualifies for the limited maintenance plan and must 
instead submit a full maintenance plan as described in EPA's September 
4, 1992, guidance memorandum entitled ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'', from John Calcagni, 
Director of the Air Quality Management Division, OAQPS to the Regional 
Air Division Directors.
    Eight years after EPA's approval of this redesignation, the State 
must submit a revised maintenance plan that demonstrates continued 
maintenance of the CO NAAQS for 10 years following the initial ten-year 
maintenance period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures, 
with a schedule for adoption and implementation, that are adequate to 
assure prompt correction of a violation. In addition, EPA issued 
further maintenance plan interpretations in the ``General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 1990'' 
(57 FR 13498, April 16, 1992), ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990; 
Supplemental'' (57 FR 18070, April 28, 1992), and the EPA guidance 
memorandum entitled ``Procedures for Processing Requests to Redesignate 
Areas to Attainment'' from John Calcagni, Director, Air Quality 
Management Division, Office of Air Quality and Planning Standards, to 
Regional Air Division Directors, dated September 4, 1992. In this 
Federal Register action, EPA is approving the State of Colorado's 
limited maintenance plan for the Greeley nonattainment area because EPA 
has determined, as detailed below, that the State's maintenance plan 
submittal meets the requirements of section 175A and is consistent with 
the documents referenced above. EPA's analysis of the pertinent 
maintenance plan requirements, with reference to the Governor's 
September 16, 1997, submittal, is provided as follows:
A. Emissions Inventory--Attainment Year
    EPA's interpretations of the CAA section 175A maintenance plan 
requirements for a limited maintenance plan are described in the 
October 6, 1995, policy memorandum referenced above. The State is to 
develop an attainment year emissions inventory to identify a level of 
emissions in the area which is sufficient to attain the CO NAAQS. This 
inventory is to be consistent with EPA's most recent guidance on 
emissions inventories for nonattainment areas available at the time 
3 and should represent emissions during the time period 
associated with the monitoring data showing attainment.
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    \3\ The October 6, 1995, limited maintenance plan guidance 
memorandum states that current guidance on the preparation of 
emissions inventories for CO areas is contained in the following 
documents: ``Procedures for the Preparation of Emission Inventories 
for Carbon Monoxide and Precursors of Ozone: Volume I'' (EPA-450/4-
91-016), and ``Procedures for Emission Inventory Preparation: Volume 
IV, Mobile Sources'' (EPA-450/4-81-026d revised).
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    The maintenance plan that the Governor submitted on September 16, 
1997, included a comprehensive inventory of CO emissions for the 
Greeley area for a typical CO season day in 1995. This inventory 
includes emissions from stationary point sources, area sources, non-
road mobile sources, and on-road mobile sources. The State selected 
1995 as the year from which to develop the attainment year inventory as 
it was using 1994 and 1995 as the two most recent years (or 8 quarters) 
that demonstrated attainment of the CO NAAQS for Greeley. A more 
detailed description of the 1995 attainment year inventory is 
documented in the maintenance plan, Section 6, and in the State's TSD. 
The State's submittal contains detailed emission inventory information 
that was prepared in accordance with EPA guidance. Summary emission 
figures from the 1995 attainment year are provided in Table II.-2 
below.

                      Table II.-2.--Summary of 1995 CO Emissions (Tons Per Day) for Greeley
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    Point sources           Area sources          On-road mobile        Non-road mobile             Total
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1.67.................               3.17                  33.99                   5.56                  44.39
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B. Demonstration of Maintenance
    As described in the October 6, 1995, limited maintenance plan 
guidance memorandum, the maintenance plan demonstration requirement is 
considered to be satisfied for nonclassifiable areas (such as Greeley) 
if the monitoring data show that the area is meeting the air quality 
criteria for limited maintenance areas (i.e., equal to or less than 
7.65 ppm design value). There is no requirement to project emissions 
over the maintenance period. EPA believes that if an area begins the 
maintenance period at or below 85 percent of the CO NAAQS (7.65 ppm), 
the continued application of control measures already in the SIP, PSD 
requirements, and Federal measures provides adequate assurance of 
maintenance over the initial 10-year maintenance period.
C. Monitoring Network and Verification of Continued Attainment
    EPA's October 6, 1995, limited maintenance plan guidance memorandum 
states that to verify the attainment status of an area, such as 
Greeley, over the maintenance period, the maintenance plan should 
contain provisions for the continued operation of an appropriate, EPA-
approved air quality monitoring network in accordance with 40 CFR part 
58.
    This requirement is met in section 6.D. of the Greeley maintenance 
plan. This section states that the Colorado Air Pollution Control 
Division (APCD) has operated (since December, 1976), and will continue 
to operate, the Greeley monitoring network in full accordance with the 
provisions of 40 CFR part 58 and the EPA-approved Colorado Monitoring 
SIP element. The APCD will also analyze the monitoring data to verify 
continued attainment of the CO NAAQS for the Greeley area. The above 
air quality monitoring commitment by the State, which will be 
enforceable by EPA after this final approval of the Greeley maintenance 
plan SIP revision, is deemed adequate by EPA.
D. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. To meet this requirement, the State has 
identified appropriate contingency measures along with a schedule for 
the development and implementation of such measures. As stated in 
section 6.E.2.a. of the maintenance plan, the State will use an 
exceedance of the CO NAAQS as the trigger for adopting specific 
contingency measures for the Greeley area. The State indicates that 
notification to EPA, and

[[Page 11780]]

other affected governments, of the exceedance will generally occur 
within 30 days, but no longer than 45 days. Upon notification of a CO 
NAAQS exceedance, the APCD and the local governments in the Greeley 
area will convene a committee to recommend an appropriate contingency 
measure or measures that would be necessary to correct a violation of 
the CO NAAQS standard. The committee would then propose the necessary 
contingency measure(s) for adoption. The State estimates this process 
would be completed within 6 months of the exceedance and that the local 
and State public hearing processes would then begin. The hearing 
processes should then be completed within three months and the AQCC 
adopted measure(s) would then become effective if a violation of the CO 
NAAQS is recorded. Full implementation of the adopted contingency 
measure(s) should then be achieved within one year after the date of 
the recording of the CO NAAQS violation. The potential contingency 
measures, identified in section 6.E.3. of the Greeley maintenance plan, 
include increasing the required 2.7 percent minimum oxygen content of 
gasoline to a level above the actual oxygen content of gasolines at the 
time of the violation, improvements to Greeley's I/M program, 
establishing a high pollution day episodic woodburning curtailment 
program, and re-establishing the stationary source NSR permitting 
program. A more complete description of the triggering mechanism and 
these contingency measures can be found in sections 6.E.2. and 6.E.3. 
of the maintenance plan.
    It should be noted that the State makes a statement in section 
6.E.2 of the maintenance plan that may be misleading. The section 6.E.2 
text states the following:

    The guidance indicates that the triggering of the contingency 
plan does not require a revision to the SIP nor is the area 
redesignated once again to nonattainment. Instead, the State will 
have an appropriate time-frame to correct the violation with 
implementation of one or more adopted contingency measures. In the 
event that violations continue to occur, there is the possibility of 
adopting additional contingency measures until the violations are 
corrected.

    Under section 175A(d) of the CAA, the Administrator of EPA has the 
discretion to require a SIP revision if an area fails to maintain the 
NAAQS after redesignation, and has the discretion under section 
107(d)(3) of the CAA to redesignate an area back to nonattainment upon 
a violation of the NAAQS. Since EPA does not believe the State's 
language is intended to limit EPA's authority under these sections of 
the CAA, and does not believe the State has the ability to limit such 
authority in any event, EPA is not requiring the State to change this 
language.
    Based on the above, EPA finds that the contingency measures 
provided in the State's maintenance plan for Greeley are sufficient and 
meet the requirements of section 175A(d) of the CAA and the October 6, 
1995, limited maintenance plan guidance memorandum.
E. Subsequent Maintenance Plan Revisions
    The State of Colorado has committed to submit a revised maintenance 
plan for Greeley as required by the CAA and EPA requirements. This 
commitment for revising the maintenance plan is contained in section 
6.F. of the Greeley maintenance plan. As the State notes in section 
6.F., section 175A(b) of the CAA requires the State to submit a 
maintenance plan revision to EPA eight (8) years after EPA redesignates 
the Greeley area to attainment. The State should be aware that, because 
EPA is redesignating the Greeley area in early 1999, the date for 
submitting the maintenance plan revision will be significantly earlier 
than the State projects it to be in the maintenance plan.

III. Conformity

    Because the Greeley area qualified for and utilized EPA's Limited 
Maintenance Plan national policy,4 special conformity 
provisions apply as indicated below in an excerpt from such policy:

    \4\ Refer to EPA's October 6, 1995, Joseph Paisie policy 
memorandum entitled ``Limited Maintenance Plan Option for 
Nonclassifiable CO Nonattainment Areas.''

    e. Conformity Determinations Under Limited Maintenance Plans
    The transportation conformity rule (58 FR 62188; November 24, 
1993) and the general conformity rule (58 FR 63214; November 30, 
1993) apply to nonattainment areas and maintenance areas operating 
under maintenance plans. Under either rule, one means of 
demonstrating conformity of Federal actions is to indicate that 
expected emissions from planned actions are consistent with the 
emissions budget for the area. Emissions budgets in limited 
maintenance plan areas may be treated as essentially not 
constraining for the length of the initial maintenance period 
because it is unreasonable to expect that such an area will 
experience so much growth in that period that a violation of the CO 
NAAQS would result. In other words, EPA would be concluding that 
emissions need not be capped for the maintenance period. Therefore, 
in areas with approved limited maintenance plans, Federal actions 
requiring conformity determinations under the transportation 
conformity rule could be considered to satisfy the ``budget test'' 
required in sections 93.118, 93.119, and 93.120 of the rule. 
Similarly, in these areas, Federal actions subject to the general 
conformity rule could be considered to satisfy the ``budget test'' 
specified in section 93.158(a)(5)(i)(A) of the rule.

IV. Final Action

    In this action, EPA is approving the Greeley carbon monoxide 
redesignation request, maintenance plan, and the 1990 base year 
emissions inventory.
    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 
adverse comments be filed. This rule will be effective May 10, 1999 
without further notice unless the Agency receives adverse comments by 
April 9, 1999.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 10, 1999 and no further action will be 
taken on the proposed rule.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a state, local, 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior

[[Page 11781]]

consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local, or tribal 
governments. The rule does not impose any enforceable duties on state, 
local, or tribal governments. Accordingly, the requirements of section 
1(a) of Executive Order 12875 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
any rule that: (1) is determined to be ``economically significant'' as 
defined under E. O. 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health and safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E. O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
12084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2). Redesignation of an area to attainment under 
sections 107(d)(3)(D) and (E) of the Clean Air Act does not impose any 
new requirements on small entities. Redesignation to attainment is an 
action that affects the status of a geographical area and does not 
impose any regulatory requirements on sources. Therefore, I certify 
that the approval of the redesignation request will not affect a 
substantial number of small entities.

F. 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 rule that includes 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 a 
redesignation to attainment and 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, will result from this action.

G. 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 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 the publication of the rule in the Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 10, 1999. 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

[[Page 11782]]

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).)
    Nothing in this action should be construed as making any 
determination or expressing any position regarding Colorado's audit 
privilege and penalty immunity law, sections 13-25-126.5, 13-90-107, 
and 25-1-114.5, Colorado Revised Statutes (Colorado Senate Bill 94-139, 
effective June 1,1994), or its impact upon any approved provision in 
the SIP, including the revision at issue here. The action taken herein 
does not express or imply any viewpoint on the question of whether 
there are legal deficiencies in this or any other Clean Air Act program 
resulting from the effect of Colorado's audit privilege and immunity 
law. A state audit privilege and immunity law can affect only state 
enforcement and cannot have any impact on federal enforcement 
authorities. EPA may at any time invoke its authority under the Clean 
Air Act, including, for example, sections 113, 167, 205, 211, or 213, 
to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by a state audit privilege or immunity law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: February 12, 1999.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.

    Chapter I, title 40, parts 52 and 81 of the Code of Federal 
Regulations are 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 G--Colorado

    2. Section 52.348 is amended by adding paragraph (c) to read as 
follows:


Sec. 52.348  Emission inventories.

* * * * *
    (c) On September 16, 1997, the Governor of Colorado submitted the 
1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a 
revision to the Colorado State Implementation Plan. This inventory 
addresses carbon monoxide emissions from stationary point, area, non-
road, and on-road mobile sources.
    3. New section 52.349 is added to read as follows:


Sec. 52.349  Control strategy: Carbon monoxide.

    Revisions to the Colorado State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Greeley, as 
adopted by the Colorado Air Quality Control Commission on September 19, 
1996, State effective November 30, 1996, and submitted by the Governor 
on September 16, 1997.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq .

    2. In Sec. 81.306, the table entitled ``Colorado-Carbon Monoxide'' 
is amended by revising the entry for ``Greeley Area'' to read as 
follows:


Sec. 81.306  Colorado.

* * * * *

                                                                Colorado--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Designation                                                 Classification
       Designated area        --------------------------------------------------------------------------------------------------------------------------
                                         Date \1\                         Type                         Date \1\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Greeley Area:                  ...........................  Attainment
    Weld County (part).......  May 10, 1999...............
  Urban boundaries as defined
in the North Front Range
Regional Transportation Plan,
May, 1990.
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 99-5661 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-P