Approval and Promulgation of Air Quality Implementation Plans; Montana; 1990 Base Year Emission Inventories for Montana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-001-0002a, MT-001-0003a; FRL-5934-5]

Approval and Promulgation of Air Quality Implementation Plans;

Montana; 1990 Base Year Emission Inventories for Montana

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 Missoula, Billings, and Great Falls that were

submitted by the State to satisfy certain requirements of the Clean Air

Act (CAA), as amended in 1990.

DATES: This final rule is effective February 13, 1998 unless adverse or

critical comments are received by January 14, 1998. 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 a.m. and 4 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:

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

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

that reduce emissions and move areas towards attainment.

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 57 FR 13530, April 16, 1992). This requirement

applies to Missoula. ``Not Classified'' CO nonattainment areas, like

Billings and Great Falls, were required to submit their inventories by

November 15, 1993 (see 57 FR 13535, 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 1990 base year inventory is the primary inventory from which

any periodic and/or modeling inventory is 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 1990 base year 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 Missoula, Billings, and Great

Falls, the 1990 base year inventory was to include the period November

1989 through January 1990.

The air quality planning requirements for base year inventories for

CO nonattainment areas are set out in sections 172(c) and 187(a)(1) of

Title I of the CAA. EPA issued a General Preamble describing EPA's

interpretation as to how EPA intended to review SIP revisions submitted

under Title I of the CAA which included 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. Available EPA guidance documents, for preparing emission

inventories, were referenced in the General Preamble (57 FR 13498,

April 16, 1992).

[[Page 65614]]

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 57 FR 13565-13566, April 16,

1992). Based on EPA's review, EPA is approving the Montana CO 1990 base

year emission inventories as submitted to EPA on July 18, 1995,

(Missoula and Billings) and on April 23, 1997 (Great Falls).

The following describes the review procedures associated with

determining the acceptability of a 1990 base year emission inventory

and discusses the level of acceptance 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

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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 Montana held a public hearing for the Missoula and

Billings CO inventories on July 10, 1995, before the Montana Department

of Environmental Quality (MDEQ). The Governor submitted these two 1990

base year inventories to EPA with a letter dated July 18, 1995. The

State held a public hearing for the Great Falls CO inventory on

December 9, 1996, before the MDEQ. This inventory was submitted by the

Governor with a letter dated April 23, 1997.

B. Review of Montana'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 final 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 Criteria,'' 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 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:

1. An approved Inventory Preparation Plan (IPP) must be provided

and the Quality Assurance (QA) program contained in the IPP must be

performed and its implementation documented.

Analysis: Montana's IPP was approved by EPA on October 23, 1991.

The IPP's QA program requirements were addressed in section 4.3 and

Appendix F of the Missoula inventory, in section 4.3 and Appendix F of

the Billings inventory, and in section 4.3 and Appendix H of the Great

Falls inventory.

2. Adequate documentation must be provided that enables the

reviewer to determine the emission estimation procedures and the data

sources used to develop the inventory.

Analysis: This requirement was addressed in sections 4.0 through

4.2.8., 5.0, 6.0, and appendices A through E of the Missoula inventory;

sections 4.0 through 4.2.8., 5.0, 6.0, and appendices A through E and G

of the Billings inventory; and sections 4.0 through 4.2.8., 5.0, 6.0,

and appendices A through G and I of the Great Falls inventory.

3. The point source inventory must be complete.

Analysis: This requirement was addressed in sections 4.1.1.,

4.2.7., 5.0, 6.0, and appendices A and B of the Missoula inventory;

sections 4.1.1., 4.2.6., 5.0, 6.0, and appendices A and B of the

Billings inventory; and sections 4.1.1., 4.2.7., 5.0, 6.0, and

appendices A and B of the Great Falls inventory.

4. Point source emissions must be calculated according to current

EPA guidance.

Analysis: This requirement was addressed in sections 4.1.1.,

4.2.7., 5.0, 6.0, and appendices A and B of the Missoula inventory;

sections 4.1.1., 4.2.6., 5.0, 6.0, and appendices A and B of the

Billings inventory; and sections 4.1.1., 4.2.7., 5.0, 6.0, and

appendices A and B of the Great Falls inventory.

5. The area source inventory must be complete.

Analysis: This requirement was addressed in sections 4.1.2.,

4.2.1., 4.2.2., 4.2.8., 5.0, 6.0, and appendix D of the Missoula

inventory; sections 4.1.2., 4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0,

and appendix D of the Billings inventory; and sections 4.1.2., 4.2.1.,

4.2.2., 4.2.8., 5.0, 6.0 and appendices D, E, and F of the Great Falls

inventory.

6. The area source emissions must be prepared or calculated

according to current EPA guidance.

Analysis: This requirement was addressed in sections 4.1.2.,

4.2.1., 4.2.2., 4.2.8., 5.0, 6.0, and appendix D of the Missoula

inventory; sections 4.1.2., 4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0,

and appendix D of the Billings inventory; and sections 4.1.2., 4.2.1.,

4.2.2., 4.2.8., 5.0, 6.0 and appendices D, E, and F of the Great Falls

inventory.

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

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

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 must be adequately

described and documented in the inventory report.

Analysis: This requirement was addressed in sections 4.2.5., 5.0,

6.0, and Appendix C in each of the three inventories.

8. The MOBILE model must be correctly used to produce emission

factors for each of the vehicle classes.

Analysis: This requirement was addressed in sections 4.2.5., 5.0,

6.0, and Appendix C in each of the three inventories.

9. Non-road mobile emissions estimates must be prepared according

to current EPA guidance for all of the source categories.

Analysis: This requirement was addressed in sections 4.2.3.,

4.2.4., 4.2.6., 5.0, and 6.0 of the Missoula inventory; sections

4.2.3., 4.2.4., 4.2.8., 5.0, 6.0, and Appendix G of the Billings

inventory; and sections 4.2.3., 4.2.4., 4.2.6., 5.0, 6.0, and Appendix

I of the Great Falls inventory.

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

on-

[[Page 65615]]

road mobile sources, and non-road mobile sources for Missoula,

Billings, and Great Falls 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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Missoula....................................... 12.84 32.98 70.44 0.78 117.04

Billings....................................... 2.41 13.74 57.46 1.42 75.03

Great Falls.................................... 0.19 7.95 46.34 5.63 60.11

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III. Final Action

EPA is approving the carbon monoxide 1990 base year emission

inventories for Missoula, Billings, and Great Falls.

All supporting calculations and documentation for these three 1990

carbon monoxide base year inventories are contained in the State's

Technical Support Document (TSD).

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 13, 1998 unless, by January 14, 1998, adverse or critical

comments are received.

If EPA receives adverse or critical comments, this action will be

withdrawn before the effective date by the publication of a subsequent

document 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 adverse or critical

comments are received, the public is advised that this action will be

effective February 13, 1998.

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

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, I certify

that it does not have a 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 the

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

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

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

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

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

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

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

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

D. Submission to Congress and the 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 13, 1998. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

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

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

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

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

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

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

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Dated: October 3, 1997.

William P. Yellowtail,

Regional Administrator, Region VIII.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart BB--Montana

2. Section 52.1391 is added to read as follows:

Sec. 52.1391 Emission inventories.

The Governor of the State of Montana submitted the 1990 carbon

monoxide base year emission inventories for Missoula and Billings on

July 18, 1995, as a revision to the State Implementation Plan (SIP).

The Governor submitted the 1990 carbon monoxide base year emission

inventory for Great Falls on April 23, 1997, as a revision to the SIP.

The inventories address emissions from point, area, on-road mobile, and

non-road sources. These 1990 base year carbon monoxide inventories

satisfy the nonattainment area requirements of the Clean Air Act of

section 187(a)(1) for Missoula and section 172(c)(3) for Billings and

Great Falls.

[FR Doc. 97-32644 Filed 12-12-97; 8:45 am]

BILLING CODE 6560-50-P