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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0004a; FRL-5993-4]

Approval and Promulgation of Air Quality Implementation Plans;

Utah; 1993 Periodic Carbon Monoxide Emission Inventories for Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the 1993 periodic carbon monoxide (CO)

emission inventories for Ogden City and Utah County (which includes

Provo-Orem) that were submitted by the Governor, as a revision to the

State Implementation Plan (SIP), to satisfy certain requirements of

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 final rule is effective June 15, 1998 unless within May 14,

1998, relevant adverse comments are received. 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.

Copies of the State documents relevant to this action are available

for public inspection at the following office: Utah Department of

Environmental Quality, Division of Air Quality, 150 North 1950 West,

Salt Lake City, Utah 84114-4820.

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; Telephone number: (303) 312-

6479.

SUPPLEMENTARY INFORMATION:

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

Ogden City and Utah County. 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 Ogden City and Utah County,

the 1993 periodic inventories included the period December through

February. The periodic inventories are to address emissions from

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

II. Analysis of the State's Submittal

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

City and Utah County

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. Utah chose the former option for both the Ogden City and

Utah County 1993 PEIs.

EPA has reviewed the 1993 PEIs for Ogden City and Utah County.

Summary tables, calculations for all identified sources in each source

category, and adequate documentation were provided by the State for

both of the PEIs. EPA has determined that the Ogden City and Utah

County 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

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sources, and non-road mobile sources for Ogden City and Utah County are

summarized in the following table:

Carbon Monoxide Seasonal Emissions in Tons Per Day

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On-Road Non-Road

Non-Attainment Area Point Source Area Source Mobile Mobile Total

Emissions Emissions Emissions Emissions Emissions

-------------------------------------------------\1\------------------------------------------------------------

Ogden City................................ (\2\) 5.96 54.03 0.95 60.94

Utah County............................... 89.95 26.55 292.10 4.61 413.21

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\1\ Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).

\2\ None identified.

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 September 30, 1994, Mobley memorandum, however, allowed an

alternative for the 1993 PEI submittals. Under the section of the

Mobley memorandum entitled ``Review and Approval'' EPA stated:

\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.

``The review and approval of the 1993 periodic emission inventory

is the responsibility of the Regional Office. In accordance with the

memorandum of September 29, 1992, on `Public Hearing Requirements for

1990 Base-Year Emissions Inventories for Ozone and Carbon Monoxide

Nonattainment Areas', rulemaking on the 1993 periodic emission

inventory can be deferred until it has regulatory significance. In any

case, a submittal of a 1993 periodic emission inventory is required to

avoid a `Finding of Failure to Submit' ''.

In view of the guidance provided in the Mobley memorandum, the Utah

State Air Director, Russell Roberts, decided to submit the Ogden City

and Utah County 1993 PEIs through two letters dated October 6, 1995.

(see State correspondence referenced as DAQS-0217-95 and DAQS-0218-95,

respectively). This action by the State was sufficient to avoid a

``Finding of Failure to Submit'' letter by EPA. However, EPA was

precluded from taking rulemaking action on the 1993 PEIs as they had

not gone through a notice and public hearing process, had not been

adopted by the Utah Air Quality Board (UAQB), and were not submitted as

a revision to the SIP by the Governor.

On December 9, 1996, the Governor submitted a request for

redesignation to attainment and a maintenance plan for Ogden City. At

this point in time the Ogden City 1993 PEI had reached ``regulatory

significance'' because the area must have a fully approved SIP to be

redesignated (see CAA section 107(d)(3)(E)(ii)). In a letter dated

September 17, 1997, from Richard R. Long, Director, Air Program, Region

8, to Ursula Trueman, Director, Utah Division of Air Quality, EPA

stated that in order to fulfill the requirements of sections 187(a)(5)

and 107(d)(3)(E)(ii) of the CAA, the Ogden City 1993 PEI would have to

go through the State's notice and public hearing process, be approved

by the UAQB, and be submitted by the Governor as a revision to the SIP.

Following a reasonable notice, the State held a public hearing for both

the Ogden City and Utah County 1993 PEIs on October 28, 1997. The

inventories were adopted by the UAQB and were formally submitted by the

Governor on November 12, 1997. EPA determined the submittal was

complete on February 5, 1998.

III. Final Rulemaking Action

EPA is approving the carbon monoxide 1993 periodic emission

inventories for Ogden City and Utah County as fulfilling the

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

submitted by the Governor with a letter dated November 12, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP 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 action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the Proposed Rules Section of this

Federal Register publication, EPA is publishing a separate document

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

relevant adverse comments be filed. This action will be effective June

15, 1998 without further notice unless the Agency receives relevant

adverse comments by May 14, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. 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 June 15, 1998 and no further action will be

taken on the proposed rule.

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, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the

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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 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 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. 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 June 15, 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,

Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: March 26, 1998.

Jack McGraw,

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 TT--Utah

2. Section 52.2350 is amended by designating the existing text as

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

Sec. 52.2350 Emission inventories.

* * * * *

(b) On November 12, 1997, the Governor of Utah submitted the 1993

Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah

County as revisions to the Utah State Implementation Plan. These

inventories address carbon monoxide emissions from stationary point,

area, non-road, and on-road mobile sources.

[FR Doc. 98-9678 Filed 4-13-98; 8:45 am]

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