[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43316-43326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0072a; FRL-7522-1]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Fort Collins Carbon Monoxide Redesignation to 
Attainment, Designation of Areas for Air Quality Planning Purposes, and 
Approval of Related Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 9, 2002, the Governor of Colorado submitted a 
request to redesignate the Fort Collins ``moderate'' carbon monoxide 
(CO) nonattainment area to attainment for the CO National Ambient Air 
Quality Standard (NAAQS). The Governor also submitted a CO maintenance 
plan. With the maintenance plan, the Governor submitted revisions to 
Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program'', and Colorado's Regulation No. 13 ``Oxygenated Fuels 
Program''. In this action, EPA is approving the Fort Collins CO 
redesignation request, the maintenance plan, and the revisions to 
Regulation No. 11 and Regulation No. 13.

DATES: This direct final rule is effective on September 22, 2003 
without further notice, unless EPA receives adverse comments by August 
21, 2003. 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 
300, 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 300, Denver, Colorado 80202-
2466; and,
Air and Radiation Docket and Information Center, United States 
Environmental Protection Agency, Room B-108, 1301 Constitution Avenue 
(Mail Code 6102T) NW., 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, 80246-1530.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Mailcode 8P-AR, United States Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, 
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' are used we mean the Environmental Protection 
Agency.

I. What Is the Purpose of This Action?

    In this action, we are approving a change in the legal designation 
of the Fort Collins area from nonattainment for CO to attainment, we're 
approving the maintenance plan that is designed to keep the area in 
attainment for CO for the next 13 years, we're approving changes to the 
State's Regulation No. 11 for the implementation of motor vehicle 
emissions inspections, and we're approving changes to the State's 
Regulation No. 13 for the implementation of the wintertime oxygenated 
fuels program.
    We originally designated Fort Collins as nonattainment for CO under 
the provisions of the 1977 CAA Amendments (see 43 FR 8962, March 3, 
1978). On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Pub. L. 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), we 
designated the Fort Collins area as nonattainment for CO because the 
area had been designated as nonattainment before November 15, 1990. 
Under section 186 of the CAA, Fort Collins was classified as a 
``moderate'' CO nonattainment area with a design value less than or 
equal to 12.7 parts per million (ppm), and was required to attain the 
CO NAAQS by December 31, 1995. See 56 FR 56694, November 6, 1991. 
Further information regarding this classification and the accompanying 
requirements are described in the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990.'' 
See 57 FR 13498, April 16, 1992.
    Under the CAA, we can change designations if acceptable data are 
available 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.
    Before we can approve the redesignation request, we must decide 
that all applicable SIP elements have been fully approved. Approval of 
the applicable SIP elements may occur simultaneously with final 
approval of the redesignation request. That's why we are also approving 
the revisions to Regulation No. 11 and Regulation No. 13.

[[Page 43317]]

II. What Is the State's Process To Submit These Materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires States to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a State to us.
    The Colorado Air Quality Control Commission (AQCC) held a public 
hearing for the Fort Collins CO redesignation request, the maintenance 
plan, and the revisions to Regulation No. 11 and Regulation No. 13 on 
July 18, 2002. The AQCC adopted the redesignation request, maintenance 
plan, and revisions to Regulation No. 11 and Regulation No. 13 directly 
after the hearing. These SIP revisions became State effective September 
30, 2002, and were submitted by the Governor to us on August 9, 2002.
    We have evaluated the Governor's submittal and have concluded that 
the State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA. As required by section 110(k)(1)(B) 
of the CAA, we reviewed these SIP materials for conformance with the 
completeness criteria in 40 CFR part 51, Appendix V and determined that 
the Governor's submittal was administratively and technically complete. 
Our completeness determination was sent on October 11, 2002, through a 
letter from Robert E. Roberts, Regional Administrator, to Governor Bill 
Owens.

III. EPA's Evaluation of the Fort Collins Redesignation Request and 
Maintenance Plan

    We have reviewed the Fort Collins CO redesignation request and 
maintenance plan and believe that approval of the request is warranted, 
consistent with the requirements of CAA section 107(d)(3)(E). The 
following are descriptions of how the section 107(d)(3)(E) requirements 
are being addressed.

(a) 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 standards for carbon monoxide 
are 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
average concentration not to be exceeded more than once per year, and 
35 parts per million (40 milligrams per cubic meter) for a 1-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 standards is not a momentary phenomenon based on 
short-term data. Instead, we consider an area to be in attainment if 
each of the CO ambient air quality monitors in the area doesn't have 
more than one exceedance of the relevant CO standard over a one-year 
period. 40 CFR 50.8 and 40 CFR part 50, Appendix C. If any monitor in 
the area's CO monitoring network records more than one exceedance of 
the relevant CO standard during a one-year calendar period, then the 
area is in violation of the CO NAAQS. In addition, our interpretation 
of the CAA and EPA national policy \1\ has been that an area seeking 
redesignation to attainment must show attainment of the CO NAAQS for at 
least a continuous two-year calendar period. In addition, the area must 
also continue to show attainment through the date that we promulgate 
the redesignation in the Federal Register.
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    \1\ Refer to EPA's September 4, 1992, John Calcagni policy 
memoradum entitled ``Proceduers for Processing requests to 
Redisignate areas to Attainment.''
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    Colorado's CO redesignation request for the Fort Collins area is 
based on an analysis of quality assured ambient air quality monitoring 
data that are relevant to the redesignation request. As presented in 
Part II, Chapter 1, section B of the State's maintenance plan, ambient 
air quality monitoring data for consecutive calendar years 1992 through 
2001 show a measured exceedance rate of the CO NAAQS of 1.0 or less per 
year, per monitor, in the Fort Collins nonattainment area \2\. All of 
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 our Aerometric Information and Retrieval System (AIRS) 
national database. Further information on CO monitoring is presented in 
Part II, Chapter 1, section B of the maintenance plan and in the 
State's Technical Support Document (TSD). We have evaluated the ambient 
air quality data and have determined that the Fort Collins area has not 
violated the CO standard and continues to demonstrate attainment.
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    \2\ It is worth noting that the Fort Collins area has never 
recorded a violtion of the 1-hour CO NAAQS.
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    The Fort Collins nonattainment area has quality-assured data 
showing no violations of the CO NAAQS for 1992 and 1993 which are the 
years the State used to support the redesignation request. In addition, 
data from the most recent consecutive two-calendar-year period (i.e., 
2000 and 2001) also show no violations. Therefore, we believe the Fort 
Collins area has met the first component for redesignation: 
Demonstration of attainment of the CO NAAQS. We note too that the State 
of Colorado has also committed, in the maintenance plan, to continue 
the necessary operation of the CO monitor in compliance with all 
applicable federal regulations and guidelines.

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

    To be redesignated to attainment, section 107(d)(3)(E)(v) requires 
that an area must meet all applicable requirements under section 110 
and part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean 
that for a redesignation to be approved by us, 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. In our 
evaluation of a redesignation request, we don't need to consider other 
requirements of the CAA that became due after the date of the 
submission of a complete redesignation request.
1. CAA Section 110 Requirements
    On December 12, 1983, we approved the Fort Collins CO element 
revisions to Colorado's SIP as meeting the requirements of section 
110(a)(2) of the CAA (see 48 FR 55284). In addition, we have analyzed 
the SIP elements that we are approving as part of this action and we 
have determined they comply with the relevant requirements of section 
110(a)(2).
    The Fort Collins CO element of the Colorado SIP, that we approved 
on December 12, 1983 (48 FR 55284), was based on emission reductions 
from the Federal Motor Vehicle Control Program (FMVCP), Automobile 
Inspection and Readjustment Program, Improved Public Transit, and 
Traffic Flow Improvements. The anticipated date for attaining the 8-
hour CO NAAQS was December 31, 1987.
    Through a letter dated May 26, 1988, we notified the Governor of 
Colorado that the Fort Collins area did not attain the CO NAAQS by the 
end of 1987. This

[[Page 43318]]

letter stated that Colorado was to address deficiencies in the SIP and 
that the State would also have to address requirements in our 
forthcoming post-1987 policy for carbon monoxide.
    EPA did not finalize its post-1987 policy for carbon monoxide 
because the Clean Air Act (CAA) was amended on November 15, 1990. Fort 
Collins was designated nonattainment for CO and was required to attain 
the CO NAAQS by December 31, 1995. See 56 FR 56694, November 6, 1991.
2. Part D Requirements
    Before the Fort Collins ``moderate'' 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. Subpart 3 of part D contains specific provisions for 
``moderate'' CO nonattainment areas.
    The relevant subpart 1 requirements are contained in sections 
172(c) and 176. Our General Preamble (see 57 FR 13529 to 13532, April 
16, 1992) provides EPA's interpretations of the CAA requirements for 
``moderate'' CO areas that are less than or equal to 12.7 ppm.
    The General Preamble (see 57 FR 13530, et seq.) provides that the 
applicable requirements of CAA section 172 are 172(c)(3) (emissions 
inventory), 172(c)(5)(new source review permitting program), 
172(c)(7)(the section 110(a)(2) air quality monitoring requirements)), 
and 172(c)(9) (contingency measures). It is also worth noting that we 
interpreted the requirements of sections 172(c)(2) (reasonable further 
progress--RFP) and 172(c)(6)(other 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, sbull I11``Procedures for Processing 
Requests to Redesignate Areas to Attainment'', and the General 
Preamble, 57 FR at 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.
    Regarding the requirements of sections 172(c)(3)(inventory) and 
172(c)(9)(contingency measures), please refer to our discussion below 
of sections 187(a)(1) and 187(a)(3), which are provisions of subpart 3 
of Part D of the CAA that address the same requirements as sections 
172(c)(3) and 172(c)(9).
    For the section 172(c)(5) New Source Review (NSR) requirements, 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 our approval of the redesignation to 
attainment.
    For the CAA section 172(c)(7) provisions (compliance with the CAA 
section 110(a)(2) Air Quality Monitoring Requirements), our 
interpretations are presented in the General Preamble (57 FR 13535). CO 
nonattainment areas are to meet the ``applicable'' air quality 
monitoring requirements of section 110(a)(2) of the CAA.
    Information concerning CO monitoring in Colorado is included in the 
Monitoring Network Review (MNR) prepared by the State and submitted to 
EPA. Our personnel have concurred with Colorado's annual network 
reviews and have agreed that the Fort Collins network remains adequate. 
In Part II, Chapter 2, section E. of the maintenance plan, the State 
commits to the continued operation of the existing CO monitor (along 
with the siting of a second CO monitor), according to all applicable 
Federal regulations and guidelines, currently and after the Fort 
Collins area is redesignated to attainment for CO.
    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, we have 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 relevant subpart 3 provisions were created when the CAA was 
amended on November 15, 1990. The new CAA requirements for ``moderate'' 
CO areas, such as Fort Collins, required that the SIP be revised to 
include a 1990 base year emissions inventory (CAA section 187(a)(1)), 
contingency provisions (CAA section 187(a)(3)), corrections to existing 
motor vehicle inspection and maintenance (I/M) programs (CAA section 
187(a)(4)), periodic emission inventories (CAA section 187(a)(5)), and 
the implementation of an oxygenated fuels program (CAA section 
211(m)(1)). How the State met these requirements and our approvals, are 
described below:
    A. 1990 base year emissions inventory (CAA section 187(a)(1)): The 
Governor submitted a 1990 base year emissions inventory for Fort 
Collins on December 31, 1992, with revisions being submitted on March 
23, 1995. We approved this 1990 base year CO emissions inventory on 
December 23, 1996 (see 61 FR 67466).
    B. Contingency provisions (CAA section 187(a)(3)): The Governor 
submitted a contingency measure, enhanced motor vehicle inspection and 
maintenance, on February 18, 1994. We approved this contingency measure 
on December 23, 1997 (see 62 FR 67006).
    C. Corrections to the Fort Collins basic I/M program (CAA section 
187(a)(4)): On January 14, 1994, and June 24, 1994, the Governor 
submitted revisions to the Colorado basic I/M program portion of its 
SIP which included the program in Fort Collins. We approved these basic 
I/M program revisions on March 19, 1996 (see 61 FR 11149).
    D. Periodic emissions inventories (CAA section 187(a)(5)): As the 
Governor did not submit a complete redesignation request and 
maintenance plan before September 30, 1995, a periodic emission 
inventory (for calendar year 1993) was required for Fort Collins. On 
September 16, 1997, the Governor submitted a SIP revision for a 1993 
periodic emission inventory for Fort Collins. We approved this revision 
on July 15, 1998 (see 63 FR 38087). On May 10, 2000, the Governor 
submitted a subsequent 1996 periodic emission inventory for Fort 
Collins. We approved this revision on October 24, 2000 (see 65 FR 
63546).
    E. Oxygenated fuels program implementation (CAA section 211(m)): To 
address the oxygenated fuels requirements of the CAA, the Governor 
initially submitted a revision to Colorado's Regulation No. 13 on 
November 27, 1992. We approved this revision on July 24, 1994 (see 59 
FR 37698). Regulation 13 was again revised, to shorten the oxygenated 
fuels program season, and the Governor submitted further revisions to 
Regulation No. 13 on September 29, 1995, and December 22, 1995. We 
approved these revisions on March 10, 1997 (see 62 FR 10690).

[[Page 43319]]

The most recent changes by the State to Regulation No. 13 to shorten 
the oxygenated fuels program season, that affected the Fort Collins 
area, were submitted by the Governor on August 19, 1998, in conjunction 
with the Colorado Springs CO redesignation to attainment. We approved 
these revisions on August 25, 1999 (see 64 FR 46279).

(c) 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).
    As noted above, EPA previously approved SIP revisions for the Fort 
Collins CO nonattainment area that were required by the 1990 amendments 
to the CAA. In this action, we are also approving the maintenance plan 
and revisions to Colorado's Regulation No. 11 and Regulation No. 13 and 
the State's commitment to maintain an adequate monitoring network 
(contained in the maintenance plan.) Thus, with this final rule to 
approve the Fort Collins redesignation request, maintenance plan, and 
revisions to Regulation No. 11 and Regulation No. 13, we will have 
fully approved the Fort Collins CO element of the SIP under section 
110(k) of the CAA.

(d) 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, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.
    The CO emissions reductions for Fort Collins, that are further 
described in Part II, Chapter 1, sections A.3 of the Fort Collins 
maintenance plan, were achieved primarily through the Federal Motor 
Vehicle Control Program (FMVCP), a basic motor vehicle inspection and 
maintenance (I/M) program, oxygenated fuels, and control of wood 
burning emissions.
    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 Fort Collins. 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.
    As stated in Part II, Chapter 1, section A.3 of the maintenance 
plan, significant additional emission reductions were realized from 
Fort Collins's basic I/M program. Colorado's Regulation No. 11, ``Motor 
Vehicle Emissions Inspection Program'', contains a full description of 
the requirements for the Fort Collins I/M program. The program requires 
biennial inspections of vehicles at independent inspection stations. We 
note that further improvements to the Fort Collins area's basic I/M 
program, to meet the requirements of EPA's November 5, 1992, (57 FR 
52950) I/M rule, were approved by us into the SIP on March 19, 1996 (61 
FR 11149).
    Oxygenated fuels are gasolines that are 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 Fort 
Collins nonattainment area. Regulation 13 requires all Fort Collins-
area gas stations to sell fuels containing a 2.7% minimum oxygen 
content (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.
    Fort Collins has also been implementing the requirements of 
Colorado's Regulation No. 4 ``New Wood Stoves and the use of Certain 
Woodburning Appliances During High Pollution Days.'' Regulation No. 4 
for Fort Collins requires all new wood burning stoves and fireplace 
inserts sold to meet both State and Federal emission control standards.
    We have evaluated the various State and Federal control measures, 
the original 1990 base year emission inventory, and the 1993 and 1996 
periodic emission inventories, and believe that the improvement in air 
quality in the Fort Collins nonattainment area has resulted from 
emission reductions that are permanent and enforceable.

(e) 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. 
The maintenance plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
promulgation of the redesignation, the State must submit a revised 
maintenance plan that demonstrates continued attainment for the 
subsequent ten-year period 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, we 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 (hereafter the September 4, 1992 Calcagni 
Memorandum).
    In this Federal Register action, EPA is approving the maintenance 
plan for the Fort Collins CO nonattainment area because we believe, as 
detailed below, that the State's maintenance plan submittal meets the 
requirements of section 175A and is consistent with our interpretations 
of the CAA, as reflected in the documents referenced above. Our 
analysis of the pertinent maintenance plan requirements, with reference 
to the Governor's August 9, 2002, submittal, is provided as follows:

[[Page 43320]]

1. Emissions Inventories--Attainment Year and Projections
    EPA's interpretations of the CAA section 175A maintenance plan 
requirements are generally provided in the General Preamble (see 57 FR 
13498, April 16, 1992) and the September 4, 1992, Calcagni Memorandum 
referenced above. Under our interpretations, areas seeking to 
redesignate to attainment for CO may demonstrate future maintenance of 
the CO NAAQS either by showing that future CO emissions will be equal 
to or less than the attainment year emissions or by providing a 
modeling demonstration. For the Fort Collins area, the State selected 
the emissions inventory approach for demonstrating maintenance of the 
CO NAAQS.
    The maintenance plan that the Governor submitted on August 9, 2002, 
includes comprehensive inventories of CO emissions for the Fort Collins 
area. These inventories include emissions from stationary point 
sources, area sources, non-road mobile sources, and on-road mobile 
sources. The State selected 1992 as the year from which to develop the 
attainment year inventory and included interim-year projections out to 
2015. More detailed descriptions of the 1992 attainment year inventory 
and the projected inventories are documented in the maintenance plan in 
Part II, Chapter 2, section A, Table 2 and Table 3, 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 1992 attainment year, the interim projected 
years, and the final maintenance year of 2015 are provided in Table 
III.-1 below.

                     Table III-1.--Summary of CO Emissions in Tons Per Day for Fort Collins
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                                                     1992         1998         2005         2010         2015
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Point Sources..................................          0.7          0.4          0.5          0.6          0.6
Area Sources...................................         13.8         13.9          4.5          4.7          4.8
Non-Road Mobile Sources........................          9.4         10.5         12.4         14.2         17.0
On-Road Mobile Sources.........................         94.6         80.9         91.3         75.0         71.4
                                                ==============
    Total......................................        118.4        105.7        108.8         94.5         93.9
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2. Demonstration of Maintenance--Projected Inventories
    As we noted above, total CO emissions were projected forward by the 
State for the years 1998, 2005, 2010, and 2015. We note the State's 
approach for developing the projected inventories follows EPA guidance 
on projected emissions and we believe they are acceptable.\3\ The 
projected inventories show that CO emissions are not estimated to 
exceed the 1992 attainment level during the time period 1992 through 
2015 and, therefore, the Fort Collins area has satisfactorily 
demonstrated maintenance.
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    \3\ Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and Carbon Monoxide (CO) Nonattainment Areas'', signed by D. 
Kent Berry, Acting Director, Air Quality Management Division, 
November 30, 1993.
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    We note in Table III-1 there are significant reductions projected 
in years 2005, 2010, and 2015 for area sources. The majority of the 
area source projected reductions are from the State's estimates for 
less woodburning in future years. We believe this projection of less 
woodburning is reasonable in view of the information provided in 
Attachment 3 of the State's TSD. Attachment 3 is entitled ``Outdoor Air 
Quality Survey, Spring 2002, Report: City of Fort Collins'' and 
includes survey data with special emphasis on woodburning and 
woodsmoke. Further information on these projected emissions may also be 
found in the State's TSD.
3. Changes to Regulation No. 11 and Regulation No. 13 for the 
Maintenance Period
    As described in Part II, Chapter 2, Section B, of the maintenance 
plan, as of January 1, 2004, the Basic I/M program (of Regulation No. 
11) and the oxygenated fuels program (Regulation No. 13) will not be a 
part of the Federally enforceable SIP for the Fort Collins area. No CO 
emission reduction credit for these programs has been taken for the 
years 2005, 2010, and 2015 in the maintenance demonstration. The mobile 
source emissions presented in Table III-1 also reflect the elimination 
of these programs for the Fort Collins area.
    The State performed an analysis (Section of the State's TSD 
entitled Fort Collins Urban Growth Area Carbon Monoxide Maintenance 
Plan Mobile Source Carbon Monoxide Emissions Inventories'') and 
determined that both the Basic I/M and the oxygenated fuels program 
could be eliminated for the Fort Collins area without jeopardizing 
maintenance of the CO NAAQS. This analysis was performed using EPA's 
MOBILE6 emission factor model and the latest transportation and 
planning data from the North Front Range Transportation and Air Quality 
Planning Council's (NFRTAQPC) 2025 transportation plan. The methodology 
and analysis were reviewed by us and we have determined they are 
acceptable. The results of the modeling were presented in the revised 
maintenance plan's ``Table 2.'', and are also included in our Table 
III-1 above. Based on our review of the State's analysis, we agree that 
the Fort Collins area continues to demonstrate maintenance of the CO 
NAAQS and we approve the elimination of the Basic I/M program and 
oxygenated fuels program for Larimer County and the Fort Collins area.
4. Monitoring Network and Verification of Continued Attainment
    Continued attainment of the CO NAAQS in the Fort Collins area 
depends, in part, on the State's efforts to track indicators throughout 
the maintenance period. This requirement is met in two sections of the 
Fort Collins CO maintenance plan; Part II, Chapter 2, sections E and 
F.2.
    In Part II, Chapter 2, section E the State commits to continue the 
operation of the CO monitor (in Section E, the State commits to site a 
second CO monitor) in the Fort Collins area and to annually review this 
monitoring network and make changes as appropriate.
    In Part II, Chapter 2, section F.2, the State commits to track 
mobile sources' CO emissions (which are the largest component of the 
inventories) through the ongoing regional transportation planning 
process that is done by NFRTAQPC in coordination with the Colorado 
Department of Transportation (CDOT), the Colorado Air Pollution Control 
Division (APCD), the AQCC, and EPA.
    Based on the above, we are approving these commitments as 
satisfying the relevant requirements and we note that

[[Page 43321]]

this final rulemaking approval will render the State's commitments 
federally enforceable.
5. 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 Part II, Chapter 2, section F of the maintenance plan, 
the contingency measures for the Fort Collins area will be triggered by 
a violation of the CO NAAQS. (However, the maintenance plan does note 
that an exceedance of the CO NAAQS may initiate a voluntary, local 
process by the NFRTAQPC and APCD to identify and evaluate potential 
contingency measures.)
    The APCD, in coordination with the NFRTAQPC and AQCC, will initiate 
a subcommittee process to begin evaluating potential contingency 
measures no more than 60 days after being notified by the APCD that a 
violation of the CO NAAQS has occurred. The subcommittee will present 
recommendations to the NFRTAQPC and APCD within 120 days of 
notification and the NFRTAQPC and APCD will present recommended 
contingency measures to the AQCC within 180 days of notification. The 
AQCC will then hold a public hearing to consider the contingency 
measures recommended by the NFRTAQPC and APCD, along with any other 
contingency measures that the AQCC believes may be appropriate to 
effectively address the violation of the CO NAAQS. The necessary 
contingency measures will be adopted and implemented within one year 
after the violation occurs.
    The potential contingency measures are identified in Part II, 
Chapter 2, section F, of the Fort Collins CO maintenance plan. As 
required by section 175A(d) of the CAA, these include all measures that 
were part of the nonattainment area plan that have been removed from 
the SIP as part of the redesignation--in this case, the Basic I/M 
program as it appeared in Regulation No. 11 prior to July 18, 2002, 
with the addition of any on-board diagnostics components as required by 
Federal law, and the oxygenated fuels program as it appeared in 
Regulation No. 13 prior to July 18, 2002. In addition, the maintenance 
plan mentions the following as other possible contingency measures: An 
enhanced I/M program, transportation control measures, and mandatory 
woodburning restrictions. The maintenance plan indicates that the State 
may evaluate other potential strategies to address any future 
violations in the most appropriate and effective manner possible.
    Based on the above, we find that the contingency measures provided 
in the State's Fort Collins CO maintenance plan are sufficient and meet 
the requirements of section 175A(d) of the CAA.
6. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, Colorado has 
committed to submit a revised maintenance plan eight years after our 
approval of the redesignation. This provision for revising the 
maintenance plan is contained in Part II, Chapter 2, section G of the 
Fort Collins CO maintenance plan.
7. Removal of the CAA Section 172(c)(9) Contingency Measure
    With the CAA Amendments of 1990, the Fort Collins area was 
designated nonattainment for CO and classified as ``moderate'' (see 56 
FR 56694, November 6, 1991). As the Fort Collins area was designated 
nonattainment for CO, the nonattainment plan provisions of CAA section 
172 (among other sections of the CAA) applied. Among other 
requirements, CAA section 172(c)(9) required mandatory contingency 
measures that were to go automatically into place should the area not 
attain the CO standard by its prescribed attainment date of December 
31, 1995. In response to this requirement, the Governor submitted a SIP 
revision on February 18, 1994, that included an enhanced I/M program as 
the identified contingency measure. We approved this contingency 
measure, as meeting the requirements of section 172(c)(9) of the CAA, 
on December 23, 1997 (see 62 FR 67006).
    As the Fort Collins CO nonattainment area attained the CO standard 
before December 31, 1995, this contingency measure was never 
implemented and is no longer necessary. Should the Fort Collins area 
violate the CO standard after being Federally redesignated to 
attainment, the contingency measures identified in Part II, Chapter 2, 
section F, and their implementation mechanism, are considered by us to 
be sufficient. Therefore, we are removing the identified contingency 
measure from the SIP that we had previously approved on December 23, 
1997 (see 62 FR 67006).

IV. EPA's Evaluation of the Transportation Conformity Requirements

    One key provision of our conformity regulation requires a 
demonstration that emissions from the transportation plan and 
Transportation Improvement Program are consistent with the emissions 
budget(s) in the SIP (40 CFR sections 93.118 and 93.124). The emissions 
budget is defined as the level of mobile source emissions relied upon 
in the attainment or maintenance demonstration to maintain compliance 
with the NAAQS in the nonattainment or maintenance area. The rule's 
requirements and EPA's policy on emissions budgets are found in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62193-96) and in the sections of the rule referenced above.
    Part II, Chapter 2, section D and Table 4 of the maintenance plan 
define the CO motor vehicle emissions budgets in the Fort Collins CO 
attainment/maintenance area as 99 tons per day for 2005 through 2009, 
98 tons per day for 2010 through 2014, and 94 tons per day for 2015 and 
beyond.
    The transportation conformity motor vehicle emissions budgets were 
derived by taking the difference between the attainment year (1992) 
total emissions and the projected future years' total emissions. This 
difference is the ``safety margin,'' part or all of which may be added 
to projected mobile sources CO emissions to arrive at a motor vehicle 
emissions budget to be used for transportation conformity purposes. The 
safety margins, less one ton per day, were added to projected mobile 
sources CO emissions for 2005, 2010, and 2015. The derivation and 
determination of safety margins and motor vehicle emissions budgets for 
the Fort Collins CO maintenance plan is further illustrated in Table 
IV-1 below and in Part II, Chapter 2, Table 4 of the maintenance plan:

[[Page 43322]]



 Table IV-1: Mobile Sources Emissions, Safety Margins, and Motor Vehicle Emissions Budgets in Tons of CO Per Day
                                                      (TPD)
----------------------------------------------------------------------------------------------------------------
                               Mobile sources       Total                                          Motor vehicle
             Year                 emissions       emissions           Math           Margin of       emissions
                                    (TPD)           (TPD)                          safety  (TPD)   budget  (TPD)
----------------------------------------------------------------------------------------------------------------
1992.........................              95             118  .................             N/A             N/A
2005.........................              91             109  118-109 = 9                     8              99
                               ..............  ..............  9-1 = 8..........
                               ..............  ..............  91+8 = 99........
2010.........................              75              94  118-94 = 24                    23              98
                               ..............  ..............  24-1 = 23........
                               ..............  ..............  75+23 = 98.......
2015.........................              71              94  118-94 = 24                    23              94
                               ..............  ..............  24-1 = 23........
                               ..............  ..............  71+23 = 94 ......
----------------------------------------------------------------------------------------------------------------
Note: N/A = Not Applicable.

    Our analysis indicates that the above figures are consistent with 
maintenance of the CO NAAQS throughout the maintenance period. 
Therefore, we are approving the 99 tons per day for 2005 through 2009, 
98 tons per day for 2010 through 2014, and 94 tons per day for 2015 and 
beyond, CO emissions budgets for the Fort Collins area.
    Pursuant to section 93.118(e)(4) of EPA's transportation conformity 
rule, as amended, EPA must determine the adequacy of submitted mobile 
source emissions budgets. EPA reviewed the Fort Collins CO budgets for 
adequacy using the criteria in 40 CFR 93.118(e)(4), and determined that 
the budgets were adequate for conformity purposes. EPA's adequacy 
determination was made in a letter to the Colorado APCD on January 15, 
2003, and was announced in the Federal Register on February 4, 2003 (68 
FR 5638). As a result of this adequacy finding, the budgets took effect 
for conformity determinations in the Fort Collins area on February 19, 
2003. However, we are not bound by that determination in acting on the 
maintenance plan.
    In addition to the above, the State has made a commitment regarding 
transportation conformity, in Part II, Chapter 2, section D of the 
maintenance plan. Because informal roll-forward analyses, prepared by 
the State, indicate that the 2015 CO emissions budget may be exceeded 
by 2030, the State has committed to the re-implementation of the Basic 
I/M program (with any Federally required on-board diagnostic tests) for 
the Fort Collins area in 2026. This commitment by the State is included 
in the maintenance plan for purposes of 40 CFR 93.122(a)(3)(iii), which 
provides that emissions reduction credit from such programs may be 
included in the transportation conformity emissions analysis if the 
maintenance plan contains such a written commitment. We agree with this 
interpretation of 40 CFR 93.122(a)(3)(iii) and are making this State 
commitment Federally enforceable with our approval of the Fort Collins 
CO maintenance plan.

V. EPA's Evaluation of the Regulation No. 11 Revisions

    Colorado's Regulation No. 11 is entitled ``Motor Vehicle Emissions 
Inspection Program''. In developing the Fort Collins CO maintenance 
plan, the State evaluated a number of options for revising the current 
motor vehicle emissions inspection program. The final decision, based 
on the use of our Mobile6 emission factor model, was to eliminate the 
Basic I/M program from the Federal SIP beginning on January 1, 2004. A 
description of the State's process for the evaluation of potential 
options for Regulation No. 11 is found in Part I, Chapter 2, section B 
of the Governor's submittal. We note that Part I, Chapter 2 is only for 
informational purposes and was not submitted as a revision to the SIP. 
Part II, Chapter 2, is the maintenance plan that we are approving and 
it reflects the AQCC-adopted revisions, as an amendment to the SIP, to 
Regulation No. 11. These revisions to Regulation No. 11 were submitted, 
as a separate revision to the SIP, for our approval in conjunction with 
redesignation request and maintenance plan.
    The revisions adopted by the AQCC on July 18, 2002, and submitted 
by the Governor on August 9, 2002, remove the Fort Collins area 
component of the Colorado automobile inspection and maintenance program 
(``AIR Program'') from the Federally-approved SIP, but does not make 
any change in the State laws implementing the program. This means that 
the ``AIR Program'' for the implementation of the Basic I/M program 
will remain in full force and effect as a State-only program under 
State laws, but it will not be Federally-enforceable after January 1, 
2004. The maintenance plan reflects this change in Regulation No. 11 in 
that the mobile source CO emissions were calculated without the CO 
emissions reduction benefit of a Basic I/M program starting in 2004 and 
continuing through 2015. We note that even with the elimination of the 
Basic I/M program and the elimination of the Oxygenated Fuels Program, 
discussed below, for the Fort Collins area beginning on January 1, 
2004, the area was still able to meet our requirements to demonstrate 
maintenance of the CO standard through 2015.
    We have reviewed and are approving these State-adopted changes to 
Regulation No. 11.

VI. EPA's Evaluation of the Regulation No. 13 Revisions

    Colorado's Regulation No. 13 is entitled ``Oxygenated Fuels 
Program'' (hereafter referred to as Regulation No. 13). The purpose of 
this regulation is to reduce CO emissions from gasoline powered motor 
vehicles in the Fort Collins area through the wintertime use of 
oxygenated gasolines. Section 211(m) of the CAA originally required the 
State to implement an oxygenated fuels program in the Fort Collins 
area. Section 211(m) states that the oxygenated fuels program must 
cover no less than a four month period each year unless EPA approves a 
shorter period. We can approve a shorter implementation period if a 
State submits a demonstration that a reduced implementation period will 
still assure that there will be no exceedances of the CO NAAQS outside 
of this reduced period. This was done previously when we approved 
revisions to Regulation No. 13 for the Denver area that shortened the 
oxygenated fuels season and

[[Page 43323]]

oxygenate content (see 62 FR 10690, March 10, 1997 and 64 FR 46279, 
August 25, 1999). When an area is redesignated to attainment, the 
oxygenated fuels program may be further shortened or eliminated 
entirely as long as the State is able to show the program is not needed 
to demonstrate maintenance of the CO NAAQS (see 65 FR 80779, December 
22, 2000).
    In developing the Fort Collins CO maintenance plan, the State 
evaluated options for revising the current oxygenated gasoline program. 
A description of the State's process for the evaluation of potential 
options for Regulation No. 13 is found in Part I, Chapter 2, section B 
of the Governor's August 9, 2002, submittal. We note that Part I, 
Chapter 2 is only for informational purposes and was not submitted as a 
revision to the SIP. Part II, Chapter 2, is the maintenance plan that 
we are approving and it reflects the AQCC-adopted revisions, as an 
amendment to the SIP, to Regulation No. 13. These revisions to 
Regulation No. 13 were submitted, as a separate revision to the SIP, 
for our approval in conjunction with the redesignation request and 
maintenance plan.
    The current EPA-approved oxygenated gasoline program for the Fort 
Collins area has the following three requirements: (1) The control 
period is from November 1st through February 7th of each winter season, 
(2) an oxygen content of at least 2.0% by weight is required from 
November 1st through November 7th, (3) and an oxygen content of at 
least 2.7% by weight is required from November 8th through February 
7th.
    In conjunction with the submittal of the Fort Collins CO 
maintenance plan, the State of Colorado is seeking EPA's approval of 
revisions to Regulation No. 13 that would eliminate the oxygenated 
fuels program for the Fort Collins area beginning on January 1, 2004.
    As we discussed above, and as presented in Part II, Chapter 2, 
Table 2 of the maintenance plan, the removal of the CO emission 
reductions associated with the implementation of Regulation No. 13 were 
incorporated by the State into the emission projections, using our 
Mobile6 emissions model, beginning in 2004 and were projected through 
the final maintenance year of 2015. Even with the elimination of both 
Regulation No. 11 and Regulation No. 13 for the Fort Collins area 
starting in 2004, maintenance of the CO NAAQS was successfully 
demonstrated.
    In addition to the revision noted above for the Fort Collins area, 
the State made several other minor changes to Regulation No. 13 that 
were also adopted by the AQCC at the July 18, 2002, public hearing. 
These changes involved: (1) Section I.D.--the deletion of several out-
dated definitions and the addition of necessary definitions for the 
newly-created Broomfield County, (2) section II. A.--Greeley changes 
and the addition of Broomfield County, (3) sections II. B and II. C.--
the deletion of the previous Denver area's maximum blending 
requirement, (4) section II. D.--, the removal of the obsolete ``Pre-
Program Registration Requirements'' (dating from 1995) for the Denver 
area, and (5) section III. G.--changes to the State's ``Statement of 
Basis and Purpose''. We note, though, EPA does not Federally approve 
the State's ``Statement of Basis and Purpose.''
    We have reviewed these changes to Regulation No. 13, that the State 
adopted on July 18, 2002, and the Governor submitted on August 9, 2002. 
We are approving these revisions as they are consistent with 
maintenance of the CO NAAQS for the Fort Collins area and meet the 
requirements of section 211(m) of the CAA.

VII. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. As stated above, the Fort Collins area has shown continuous 
attainment of the CO NAAQS since 1992 and has met the applicable 
Federal requirements for redesignation to attainment. The maintenance 
plan and associated SIP revisions to Colorado's Regulation No. 11 and 
Regulation No. 13 will not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the CAA.

VIII. Final Action

    In this action, EPA is approving the Fort Collins carbon monoxide 
redesignation request, maintenance plan, and the revisions to 
Regulation No. 11 and Regulation No. 13.
    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, we are 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 September 22, 
2003 without further notice unless the Agency receives adverse comments 
by August 21, 2003.
    If EPA receives such comments, then we 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 September 22, 2003 and no further action will 
be taken on the proposed rule.

Statutory and Executive Order Reviews

(a) Executive Order 12866, Regulatory Planning and Review

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

(b) Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must 
approve all ``collections of information'' by EPA. The act defines 
collection of information'' as a requirement for ``answers to identical 
reporting or recordkeeping requirements imposed on ten or more 
persons'' 44 U.S.C. 3502(3)(A). The Paperwork Reduction Act does not 
apply as this rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.)

(c) 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 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 SIP final 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.

[[Page 43324]]

    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of 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. Redesignation to attainment is an action that affects 
the legal designation of a geographical area and does not impose any 
regulatory requirements. Therefore, because the final approval of the 
redesignation does not create any new requirements, I certify that the 
final approval of the redesignation request will not have a significant 
economic impact on a substantial number of small entities.

(d) Unfunded Mandates Reform Act

    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 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.

(e) Executive Order 13132, Federalism

    Executive Order 13132, Federalism (64 FR 43255, August 10, 1999) 
revokes and replaces Executive Orders 12612 (Federalism) and 12875 
(Enhancing the Intergovernmental Partnership). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive Order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under Executive Order 13132, EPA may 
not issue a regulation that has federalism implications, that imposes 
substantial direct compliance costs, and that is not required by 
statute, unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local 
governments, or EPA consults with State and local officials early in 
the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
State law unless the Agency consults with State and local officials 
early in the process of developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. In addition, 
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. Thus, 
the requirements of section 6 of the Executive Order do not apply to 
this rule.

(f) Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    This final rule does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. This action does not involve or impose any 
requirements that affect Indian Tribes. Thus, Executive Order 13175 
does not apply to this final rule.

(g) Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    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 
Executive Order 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 or 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 Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

(h) Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

(i) National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

(j) Congressional Review Act

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by

[[Page 43325]]

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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective September 22, 2003 unless 
EPA receives adverse written comments by August 21, 2003.

(k) 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 September 22, 2003. 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 Clean Air 
Act.))

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: June 23, 2003.
Robert E. Roberts,
Regional Administrator, Region VIII.

0
Parts 52 and 81, title 40, chapter I, of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(99) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (99) On August 9, 2002, the Governor of Colorado submitted SIP 
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions 
Inspection Program'' that eliminate the requirement in the SIP for the 
implementation of a motor vehicle inspection and maintenance program in 
Larimer County (which includes the Fort Collins area) after January 1, 
2004. On August 9, 2002, the Governor also submitted SIP revisions to 
Colorado's Regulation No. 13 ``Oxygenated Fuels Program'' that 
eliminate the oxygenated fuel requirements for Larimer County (which 
includes the Fort Collins area) after January 1, 2004, and make changes 
to sections I.D., II.A., II.B., II.C., II.D., II.E., II.F., II.G., and 
II.H. On August 9, 2002, the Governor also submitted SIP revisions to 
Colorado's State Implementation Plan Specific Regulations for 
Nonattainment and Attainment/Maintenance Areas (Local Elements) that 
eliminate Clean Air Act section 172(c)(9) carbon monoxide contingency 
measures for the Fort Collins area. We originally approved these 
contingency measures on December 23, 1997, and our approval was 
codified in paragraph (c)(71) of this section.
    (i) Incorporation by reference.
    (A) Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program'', 5 CCR 1001-13, Part A.I, as adopted on July 18, 2002, and 
effective September 30, 2002.
    (B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16, 
except for section III, as adopted on July 18, 2002, effective 
September 30, 2002, which supersedes and replaces all prior versions of 
Regulation No. 13.

0
3. Section 52.349 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.349  Control strategy: Carbon monoxide.

* * * * *
    (h) Revisions to the Colorado State Implementation Plan, carbon 
monoxide NAAQS Redesignation Request and Maintenance Plan for Fort 
Collins entitled ``Carbon Monoxide Redesignation Request and 
Maintenance Plan for the Fort Collins Area,'' excluding Part I--Chapter 
1 and Part I--Chapter 2, as adopted by the Colorado Air Quality Control 
Commission on July 18, 2002, State effective September 30, 2002, and 
submitted by the Governor on August 9, 2002.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.306, the table entitled ``Colorado-Carbon Monoxide'' is 
amended by revising the entry for ``Fort Collins Area'' to read as 
follows:


Sec.  81.306  Colorado.

* * * * *

                                            Colorado--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fort Collins Area:
    Larimer County (part)         Sept. 22, 2003....  Attainment........
        Fort Collins Urban
         Growth Area Boundary as
         adopted by the City of
         Fort Collins and the
         Larimer County
         Commissioners and in
         effect as of July 30,
         1991.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.


[[Page 43326]]

* * * * *
[FR Doc. 03-18303 Filed 7-21-03; 8:45 am]
BILLING CODE 6560-50-P