Approval and Promulgation of Air Quality Implementation Plans; Colorado; 1990 Base Year Carbon Monoxide Emission Inventories for Colorado

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO24-1-5701a, CO25-1-5700a, CO26-1-5702a; FRL-5664-3]

Approval and Promulgation of Air Quality Implementation Plans;

Colorado; 1990 Base Year Carbon Monoxide Emission Inventories for

Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the 1990 base year carbon monoxide (CO)

emission inventories for Colorado Springs, Denver/Longmont, and Fort

Collins that were submitted by the State to satisfy certain

requirements of the Clean Air Act (CAA), as amended in 1990.

DATES: This final rule will be effective February 21, 1997 unless

adverse or critical comments are received by January 22, 1997. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to: Richard R. Long,

Director, Air Program (8P2-A), United States Environmental Protection

Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-

2466.

Copies of the documents relevant to this action are available for

public inspection between 8:00 a.m. and 4:00 p.m., Monday through

Friday at the following office: United States Environmental Protection

Agency, Region 8, Air Program, 999 18th Street, Suite 500, Denver,

Colorado 80202-2466.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program (8P2-A), United

States Environmental Protection Agency, Region 8, 999 18th Street,

Suite 500, Denver, Colorado 80202-2466 ph. (303) 312-6479.

SUPPLEMENTARY INFORMATION: Section 110(a)(2)(H)(i) of the CAA provides

the State the opportunity to update its State Implementation Plan (SIP)

as needed or to address new statutory requirements. The State is

utilizing this authority to include the Colorado Springs, Denver/

Longmont, and Fort Collins 1990 base year CO emission inventories as

part of the SIP.

I. Background to the Action

As required by the CAA, States have the responsibility to inventory

emissions contributing to NAAQS nonattainment, to track these emissions

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over time, and to ensure that control strategies are being implemented

that reduce emissions and move areas towards attainment.

The CAA required CO nonattainment areas classified as moderate or

serious to submit a 1990 base year inventory of actual CO emissions

that occurred in the 1990 CO season, by November 15, 1992. Moderate and

serious CO nonattainment areas are also required to submit a three-year

periodic inventory. The first periodic inventory, which must represent

actual CO season emissions for 1993 was to be submitted no later than

September 30, 1995. A periodic inventory is due every three years

thereafter until the area is redesignated to attainment. Moderate CO

nonattainment areas with a design value of 12.7 ppm CO or more were

required to submit a plan by November 15, 1992, that demonstrates

attainment of the CO NAAQS by December 31, 1995.

To prepare the attainment demonstration, a 1990 base year and

projected modeling inventories are needed. The 1990 base year inventory

is the primary inventory from which the periodic and modeling

inventories are derived. Further information on these inventories and

their purpose can be found in the document ``Emission Inventory

Requirements for Carbon Monoxide State Implementation Plans,'' U.S.

Environmental Protection Agency, Office of Air Quality Planning and

Standards, Research Triangle Park, North Carolina, dated March, 1991.

The air quality planning requirements for CO nonattainment areas

are set out in sections 172(c), 182 (a)(1), (a)(5), and (a)(7) of Title

I of the CAA; special planning requirements for Denver are provided in

section 187(a)(2)(B). EPA previously issued a General Preamble

describing EPA's preliminary views on how EPA intended to review SIP

revisions submitted under Title I of the CAA, including requirements

for the preparation of the 1990 base year inventory (57 FR 13529, April

16, 1992, and 57 FR 18070, April 28, 1992). Because EPA is describing

its interpretations in this action only in broad terms, the reader

should refer to the General Preamble for a more detailed discussion of

the interpretations of Title I advanced in this action and its

supporting rationale.

Those States containing moderate and serious carbon monoxide

nonattainment areas were required under Section 187(a)(1) of the CAA to

submit by November 15, 1992, a comprehensive, accurate, and current

inventory of actual CO season emissions from all sources for each

nonattainment area (see also 57 FR 13530, April 16, 1992). Stationary

point sources, stationary area sources, on-road mobile, and non-road

mobile sources of carbon monoxide (CO) were to be included in each

inventory. This inventory for calendar year 1990 was denoted as the

base year inventory. The inventory was to address actual CO emissions

for the area during the peak CO season. The peak CO season should

reflect the months when peak CO concentrations occur. For areas where

winter is the peak CO season, as is the case for Colorado Springs,

Denver/Longmont, and Fort Collins, the 1990 base year inventory was to

include the period November 1989 through January 1990. Available

guidance for preparing emission inventories was provided in the General

Preamble (57 FR 13498, April 16, 1992).

II. Analysis of the State's Submittal

Section 110(k) of the Act sets out provisions governing EPA's

action on plan submissions of the 1990 base year CO emission inventory

based on whether or not the inventory satisfies the requirements of

Section 187(a)(1) and Section 172(c) (see also, 57 FR 13565-66, April

16, 1992). EPA is approving the CO 1990 base year emission inventories

for Colorado Springs, Denver/Longmont, and Fort Collins as submitted to

EPA on December 31, 1992 (with revisions for Colorado Springs and Fort

Collins, dated March 23, 1995, and revisions for Denver/Longmont, dated

July 11, 1994, and October 21, 1994), based on EPA's review findings.

The following describes the review procedures associated with

determining the acceptability of a 1990 base year emission inventory

and discusses the levels of acceptance or disapproval that can result

from the findings of the review process.

A. Procedural Background

The CAA requires States to observe certain procedural requirements

in developing SIP revisions for submittal to EPA. Section 110(a)(2) of

the CAA requires that each SIP revision (including emission

inventories) be adopted after going through a reasonable notice and

public hearing process prior to being submitted by a State to

EPA.1 CO nonattainment areas with design values greater than 12.7

ppm (i.e., Metro Denver) were required to submit the entire SIP

revision (1990 base year emissions inventory, attainment demonstration,

and control strategies) by November 15, 1992. CO areas with design

values of 12.7 ppm and below (i.e., Colorado Springs and Fort Collins)

were required to submit a 1990 base year emissions inventory by

November 15, 1992.

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\1\ See, Memorandum from John Calcagni, Director, Air Quality

Management Division, and William G. Laxton, Director, Technical

Support Division, to Regional Air Division Directors, Region I-X,

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992.

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The State of Colorado held a public hearing on November 19, 1992,

directly after which the three CO inventories were adopted by the

Colorado Air Quality Control Commission (AQCC). The Governor submitted

the 1990 base year inventories to EPA by a letter dated December 31,

1992. Supplemental revisions to the Colorado Springs and Fort Collins

inventories were submitted by Thomas Getz, Director, Air Pollution

Control Division, by a letter dated March 23, 1995. Revisions to the

Denver/Longmont inventory were adopted on June 16, 1994, (in

conjunction with the Denver CO SIP revision) and were submitted by the

Governor to EPA by a letter dated July 11, 1994. Additional revisions

to the Denver/Longmont inventory were submitted by Thomas Getz by a

letter dated October 21, 1994.

Colorado's December 31, 1992, CO emission inventories submittal was

reviewed by EPA and found to be complete on March 5, 1993.

B. Review of Colorado's 1990 Base Year SIP CO Inventories

EPA's Level I, II, and III review process checklists are used to

determine if all components of a CO base year inventory are present and

approvable. EPA's detailed Level I and II review procedures can be

found in the following document: ``Quality Review Guidelines for 1990

Base Year Emission Inventories,'' U.S. Environmental Protection Agency,

Office of Air Quality Planning and Standards, Research Triangle Park,

NC, July 27, 1992. The Level III review procedures are specified in a

memorandum from J. David Mobley, Chief, Emissions Inventory Branch, to

Air Branch Chiefs, Regions I-X, ``Final Emission Inventory Level III

Acceptance Critera,'' October 7, 1992 and revised in a memorandum from

John Seitz to the Regional Air Directors, dated June 24, 1993.2

EPA's review also evaluates the level of supporting documentation

provided by the State and assesses whether the emission calculations

were developed, and data

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quality assured, according to current EPA guidance.

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\2\ Memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, to Regional Air Division Directors,

Region I-X, ``Emission Inventory Issues,'' June 24, 1993.

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The Level III review process is outlined below and consists of nine

requirements that a CO base year inventory must include. For a base

year CO emission inventory to be acceptable, it must pass all of the

following acceptance criteria:

Note: For all information that follows--Colorado Springs

inventory refers to the March 23, 1995, version; the Denver/Longmont

inventory refers to the July 11, 1994, version; and the Fort Collins

inventory refers to the March 23, 1995, version.

1. An approved Inventory Preparation Plan (IPP) was provided and

the Quality Assurance (QA) program contained in the IPP was performed

and its implementation documented.

Analysis: Colorado's IPP was approved by EPA on March 13, 1992. The

IPP's QA program requirements were addressed in Section 5 of the

Colorado Springs inventory, in Section 5 of the Denver/Longmont

inventory, and in Section 5 of the Fort Collins inventory.

2. Adequate documentation was provided that enabled the reviewer to

determine the emission estimation procedures and the data sources used

to develop the inventory.

Analysis: This requirement was addressed in Sections 2 through 4

and Appendices 2 through 9 in each of the three CO inventories.

3. The point source inventory must be complete.

Analysis: This requirement was addressed in Section 4.1 and

Appendix 6 of the Colorado Springs and Denver/Longmont inventories.

There are no CO major point sources (equal to or greater than 100 tons

per year of CO) located in the Fort Collins nonattainment area.

4. Point source emissions were calculated according to the current

EPA guidance.

Analysis: This requirement was addressed in Section 4.1 and

Appendix 6 of the Colorado Springs and Denver/Longmont inventories.

There are no CO major point sources (equal to or greater than 100 tons

per year of CO) located in the Fort Collins nonattainment area.

5. The area source inventory must be complete.

Analysis: This requirement was addressed in Section 4.5 and

Appendices 7 through 9 of the Colorado Springs and Fort Collins

inventories, and Section 4.1 and Appendices 7 through 9 of the Denver/

Longmont inventory.

6. The area source emissions must have been prepared or calculated

according to the current EPA guidance.

Analysis: This requirement was addressed in Section 4.5 and

Appendices 7 through 9 of the Colorado Springs and Fort Collins

inventories, and Section 4.1 and Appendices 7 through 9 of the Denver/

Longmont inventory.

7. The method (e.g., HPMS or a network transportation planning

model) used to develop VMT estimates must follow EPA guidance, which is

detailed in the document, ``Procedures for Emission Inventory

Preparation, Volume IV: Mobile Sources'', U.S. Environmental Protection

Agency, Office of Mobile Sources and Office of Air Quality Planning and

Standards, Ann Arbor, Michigan, and Research Triangle Park, North

Carolina, December 1992. The VMT development methods were adequately

described and documented in the inventory report.

Analysis: This requirement was addressed in Section 2 and Appendix

2 in each of the three inventories.

8. The MOBILE model was correctly used to produce emission factors

for each of the vehicle classes.

Analysis: This requirement was addressed in Section 2 and Appendix

2 in each of the three inventories.

9. Non-road mobile emissions estimates were prepared according to

current EPA guidance for all of the source categories.

Analysis: This requirement was addressed in Section 3 and

Appendices 3 through 5 in each of the three inventories.

The 1990 base year CO emissions from point sources, area sources,

on-road mobile sources, and non-road mobile sources for Colorado

Springs, Denver/Longmont, and Fort Collins are summarized in the

following table:

Carbon Monoxide Seasonal Emissions in Tons Per Day

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Point On-road Non-road

Non-attainment area source Area source mobile mobile Total

emissions* emissions emissions emissions emissions

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Colorado Springs............................... 1.09 29.49 250.80 34.70 316.08

Denver/Longmont................................ 13.37 72.10 1441.97 153.23 1680.67

Fort Collins................................... N/A 7.54 49.99 8.96 66.49

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* Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).

III. Final Action

EPA is approving the carbon monoxide 1990 base year emission

inventories for Colorado Springs, Denver/Longmont, and Fort Collins.

All supporting calculations and documentation for these three 1990

carbon monoxide base year inventories are contained in the Technical

Support Document (TSD) for this action.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this issue of the

Federal Register, EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. This action will be effective

February 21, 1997 unless, by January 22, 1997, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice that will withdraw

the final action. All public comments received will then be addressed

in a subsequent final rule based on this action serving as a proposed

rule. EPA will not institute a second comment period on this action.

Any parties interested in commenting on this action should do so at

this time. If no such comments are received, the public is advised that

this action will be effective February 21, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State Implementation Plan. Each request for revision to

any State Implementation Plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the

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Regional administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by a July

10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air

and Radiation. The Office of Management and Budget (OMB) has exempted

this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under Section 110 and Subchapter I, part D of the

Clean Air Act do not create any new requirements, but simply approve

requirements that the State is already imposing.

Therefore, because the Federal SIP-approval does not impose any new

requirements, the Administrator certifies that it does not have

significant impact on any small entities affected. Moreover, due to the

nature of the Federal-State relationship under the CAA, preparation of

a regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of state action. The CAA forbids EPA to

base its actions concerning SIPs on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rules that include a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by February 21, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2) of the CAA).

Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirements of Section 6 of Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: November 12, 1996.

Jack W. McGraw,

Acting Regional Administrator.

40 CFR Part 52, is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart G--Colorado

2. Section 52.348 is added to subpart G to read as follows:

Sec. 52.348 Emission inventories.

The Governor of the State of Colorado submitted the 1990 carbon

monoxide base year emission inventories for the Colorado Springs,

Denver/Longmont, and Fort Collins nonattainment areas on December 31,

1992, as a revision to the State Implementation Plan (SIP). The

Governor submitted revisions to the Colorado Springs and Fort Collins

inventories by a letter dated March 23, 1995. The Governor submitted

revisions to the Denver/Longmont inventory by letters dated July 11,

1994, and October 21, 1994. The inventories address emissions from

point, area, on-road mobile, and non-road sources. These 1990 base year

carbon monoxide inventories satisfy the requirements of section

187(a)(1) of the Clean Air Act for each of these nonattainment areas.

[FR Doc. 96-32222 Filed 12-20-96; 8:45 am]

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