Approval and Promulgation of Air Quality Implementation Plans; Colorado; 1993 Periodic Carbon Monoxide Emission Inventories for Colorado

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO-001-0024a; FRL-6124-4]

Approval and Promulgation of Air Quality Implementation Plans;

Colorado; 1993 Periodic Carbon Monoxide Emission Inventories for

Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Colorado on September 16, 1997. The effect of

this action is to approve 1993 periodic carbon monoxide (CO) emission

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

that were submitted by the Governor, as a revision to the State

Implementation Plan (SIP), as required by section 187(a)(5) of the

Clean Air Act (CAA), as amended in 1990. This action is being taken

under section 110 of the CAA.

DATES: This direct final rule is effective on September 14, 1998

without further notice, unless EPA receives adverse comments by August

14, 1998. If adverse comments are 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 Program, Mailcode 8P2-A, Environmental Protection Agency (EPA),

Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the Air Program,

Environmental Protection Agency, Region VIII, 999 18th Street, Suite

500, Denver, Colorado, 80202. Copies of the State documents relevant to

this action are available for public inspection at the Colorado

Department of Public Health and Environment, Air Pollution Control

Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII,

(303) 312-6436.

SUPPLEMENTARY INFORMATION: On September 16, 1997, the State of Colorado

submitted a formal revision to its State Implementation Plan (SIP). The

SIP revision consists of the 1993 periodic carbon monoxide (CO)

emission inventories for Colorado Springs, Denver, Fort Collins, and

Longmont.

I. Background

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

emissions contributing to NAAQS nonattainment, to track these emissions

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

that reduce emissions and move areas towards attainment. The CAA

required States with moderate or serious CO nonattainment areas to

initially submit a base year CO inventory that represented actual

emissions during the peak CO season by November 15, 1992. This base

year inventory was for calendar year 1990. Moderate and serious CO

nonattainment areas were also required to submit a revised emissions

inventory periodically. The 1990 base year inventory was to serve as

the primary inventory from which the periodic inventories were to be

derived. As per CAA section 187(a)(5), the submittal of the first

periodic emissions inventory, as a revision to the SIP, was required no

later than September 30, 1995, and every three years thereafter until

the area is redesignated to attainment. This requirement applies to

Colorado Springs, Denver, Fort Collins, and Longmont. Further

information on these inventories and their purpose can be found in the

document ``Emission Inventory Requirements for Carbon Monoxide State

Implementation Plans'', USEPA, Office of Air Quality Planning and

Standards, EPA-450/4-91-011, March, 1991, and the September 30, 1994,

guidance memorandum entitled ``1993 Periodic Emission Inventory

Guidance'', signed by J. David Mobley, Chief of the Emission Inventory

Branch (hereafter, the Mobley Memorandum).

The periodic inventories were to be prepared in similar detail as

was done with the 1990 base year inventories and were to address actual

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

should reflect the months when peak CO air quality concentrations

occur. As winter is the peak CO season for Colorado Springs, Denver,

Fort Collins, and Longmont, the 1993 periodic inventories included the

period November through January. The periodic inventories are to

address emissions from stationary point, area, on-road mobile, and non-

road mobile sources.

II. Summary of SIP Revision

A. Review of the 1993 CO Periodic Emissions Inventories (PEI) for

Colorado Springs, Denver, Fort Collins, and Longmont

The September 30, 1994, Mobley memorandum allowed for two options

for the approach to developing the 1993 PEI. If the 1993 PEI was to be

used for a regulatory purpose (i.e., milestone compliance

demonstration, rate of progress, maintenance plan tracking, etc.) a

rigorous, comprehensive PEI was to be developed similar in detail and

documentation to that which was done for the 1990 base year inventory.

If, however, EPA and the State determined that the 1993 PEI would not

be used to support a regulatory purpose other than to fulfill the CAA

section 187(a)(5) requirement, a less rigorous approach could be

appropriate. Colorado chose the latter option for all four 1993 PEIs.

EPA has reviewed the 1993 PEIs for Colorado Springs, Denver, Fort

Collins, and Longmont. Summary tables, calculations for all identified

sources in each source category, and adequate documentation were

provided by the State for each of the four PEIs. EPA has determined

that the Colorado Springs, Denver, Fort Collins, and Longmont 1993 PEIs

satisfy the requirements of section 187(a)(5) of the CAA.

The 1993 CO emissions from point sources, area sources, on-road

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

Denver, Fort Collins, and Longmont 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............................... 2.83 29.49 250.80 34.70 317.82

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Denver......................................... 13.37 72.40 1441.97 152.96 1680.70

Fort Collins................................... 0.18 7.54 49.99 8.96 66.67

Longmont....................................... 0.03 2.36 20.78 5.54 28.71

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

All supporting calculations and documentation for these 1993 carbon

monoxide periodic inventories are contained in the State's Technical

Support Document (TSD) for this action.

B. Procedural Background

The CAA requires States to observe certain procedural requirements

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

the CAA provides that each SIP revision (including emission

inventories) be adopted after going through a reasonable notice and

public hearing process prior to being submitted by a State to

EPA.1 The State held a public hearing for the Colorado

Springs, Denver, Fort Collins, and Longmont 1993 PEIs on December 21,

1995, directly after which the inventories were adopted by the Air

Quality Control Commission (AQCC); the inventories were formally

submitted by the Governor on September 16, 1997. EPA determined the

submittal was complete on February 23, 1998.

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

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

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

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992.

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III. Final Action

EPA is approving the carbon monoxide 1993 periodic emission

inventories for Colorado Springs, Denver, Fort Collins, and Longmont as

fulfilling the requirements of section 187(a)(5) of the CAA. These

inventories were submitted by the Governor with a letter dated

September 16, 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

the 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.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective September 14,

1998 without further notice unless the Agency receives adverse comments

by August 14, 1998.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and 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 the proposed rule. Any parties

interested in commenting on the proposed rule should do so at this

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

rule will be effective on September 14, 1998 and no further action will

be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866, entitled ``Regulatory

Planning and Review,'' review.

The final rule is not subject to Executive Order 13045, entitled

``Protection of Children from Environmental Health Risks and Safety

Risks,'' because it is not an ``economically significant'' action under

Executive Order 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

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 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

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the private sector, result from this action.

D. Submission to Congress and the Comptroller General

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

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of Congress and to the Comptroller General of the United

States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the 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 14, 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).)

F. Approving SIP Revisions in Audit Law States

Nothing in this action should be construed as making any

determination or expressing any position regarding Colorado's audit

privilege and penalty immunity law (13-25-126.5, C.R.S.) or its impact

upon any approved provision in the SIP, including the revision at issue

here. The action taken herein does not express or imply any viewpoint

on the question of whether there are legal deficiencies in this or any

other Clean Air Act program resulting from the effect of Colorado's

audit privilege and immunity law. A state audit privilege and immunity

law can affect only state enforcement and cannot have any impact on

federal enforcement authorities. EPA may at any time invoke its

authority under the Clean Air Act, including, for example, sections

113, 167, 205, 211 or 213, to enforce the requirements or prohibitions

of the state plan, independently of any state enforcement effort. In

addition, citizen enforcement under section 304 of the Clean Air Act is

likewise unaffected by a state audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: July 6, 1998.

Patricia D. Hull,

Acting Regional Administrator,

Region VIII.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart G--Colorado

2. Section 52.348 is amended by designating the existing text as

paragraph (a) and by adding paragraph (b) to read as follows:

Sec. 52.348 Emission inventories.

* * * * *

(b) On September 16, 1997, the Governor of Colorado submitted the

1993 Carbon Monoxide Periodic Emission Inventories for Colorado

Springs, Denver, Fort Collins, and Longmont as revisions to the

Colorado State Implementation Plan. These inventories address carbon

monoxide emissions from stationary point, area, non-road mobile, and

on-road mobile sources.

[FR Doc. 98-18862 Filed 7-14-98; 8:45 am]

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