Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Longmont Carbon Monoxide Redesignation to Attainment and Designation of Areas for Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0034a; FRL-6441-6]

Approval and Promulgation of Air Quality Implementation Plans;

State of Colorado; Longmont Carbon Monoxide Redesignation to Attainment

and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 19, 1998, the Governor of Colorado submitted a

request to redesignate the Longmont ``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. In this action, EPA is approving the Longmont CO redesignation

request and the maintenance plan.

DATES: This direct final rule is effective on November 23, 1999 without

further notice, unless EPA receives adverse comments by October 25,

1999. 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

500, 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 500, Denver, Colorado 80202-

2466; and,

United States Environmental Protection Agency, Air and Radiation Docket

and Information Center, 401 M Street, SW, 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 500, 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 Longmont area from nonattainment for CO to attainment, and we're

approving the maintenance plan that is designed to keep the area in

attainment for CO for the next 16 years.

[[Page 51695]]

On November 15, 1990, the Clean Air Act Amendments of 1990 were

enacted (Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q). Under section 107(d)(4)(A)(i)-(ii) of the Clean Air Act

(CAA), we designated the Longmont area as nonattainment for CO because

quality-assured ambient air quality data for 1988-1989 indicated that

the Longmont area was violating the CO NAAQS. Longmont was classified

as a ``moderate'' CO nonattainment area with a design value of less

than or equal to 12.7 parts per million (ppm). 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, and sections 186 and 187 of

the CAA.

Under the CAA, we can change area 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.

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 also 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

before the State submits the revision to us.

The Colorado Air Quality Control Commission (AQCC) held a public

hearing for the Carbon Monoxide (CO) Redesignation Request and

Maintenance Plan for Longmont, on December 18, 1997. The AQCC adopted

the redesignation request and maintenance plan directly after the

hearing. The SIP revision became State effective March 2, 1998, and the

Governor submitted the redesignation request and maintenance plan to us

on August 19, 1998.

We have evaluated the Governor's submittal and have determined that

the State met the procedural requirements of section 110(a)(2) of the

CAA. The Governor's August 19, 1998, submittal became complete on

February 19, 1999, by operation of law under section 110(k)(1)(B) of

the CAA.

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

Plan

EPA has reviewed the State's redesignation request and maintenance

plan and believes 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 have been

met.

(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

Sec. 50.8, the national primary ambient air quality standard for carbon

monoxide is 9 parts per million (10 milligrams per cubic meter) for an

8-hour average concentration not to be exceeded more than once per

year. 40 CFR Sec. 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 standard 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 CO standard over a one-year period. 40

CFR Sec. 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 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

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

memorandum entitled ``Procedures for Processing Requests to

Redesignate Areas to Attainment.''

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Colorado's CO redesignation request for the Longmont area is based

on an analysis of quality assured ambient air quality monitoring data

that are relevant to the redesignation request. As presented in Section

III of the State's maintenance plan, ambient air quality monitoring

data for consecutive calendar years 1989 through 1996 show a measured

exceedance rate of the CO NAAQS of 1.0 or less per year, per monitor,

in the Longmont nonattainment area. Data are also available for

calendar years 1997 and 1998 that show no exceedances of the CO NAAQS.

All of these data were collected and analyzed as required by EPA (see

40 CFR Sec. 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

Section III of the maintenance plan and in the State's TSD.

We have evaluated the ambient air quality data and have determined

that the Longmont area has not violated the CO standard and continues

to demonstrate attainment. Therefore, the Longmont area has met the

first component for redesignation: demonstration of attainment of the

CO NAAQS. We note too that the State of Colorado has committed, in the

maintenance plan, to continue the necessary operation of the CO

monitors 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

[[Page 51696]]

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 submission of a complete

redesignation request.

1. CAA Section 110 Requirements

The Longmont CO element of the Colorado SIP was adopted by the AQCC

on June 16, 1994, submitted by the Governor on July 13, 1994 and was

approved by the EPA on March 10, 1997 (62 FR 10690). The 1994 SIP

element's emission control plan was based on emission reductions from

the Federal Motor Vehicle Control Program (FMVCP), the Colorado

Enhanced Inspection and Maintenance (EI/M) program for vehicles model

year 1982 and newer (Colorado Regulation No. 11), an oxygenated fuels

program (Colorado Regulation No. 13), and emission standards for wood-

burning stoves and fireplace inserts (Colorado Regulation No. 4).

By virtue of our March 10, 1997, approval of the Longmont CO SIP,

the State has met the applicable requirements of section 110 of the

CAA.

2. Part D Requirements

Before the Longmont CO nonattainment area may be redesignated to

attainment, the State must have fulfilled the applicable requirements

of part D of the CAA. 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 the area was classified or nonclassifiable

for CO.

The relevant Subpart 1 requirements are contained in sections

172(c) and 176. Our General Preamble (see 57 FR 13498, April 16, 1992)

provides EPA's interpretations of the CAA requirements for moderate CO

areas with design values of less than 12.7 ppm.

Under section 172(b), the applicable section 172(c) requirements,

as determined by the Administrator, were due November 15, 1992, for the

Longmont nonattainment area. As the Longmont CO redesignation request

and maintenance plan were not submitted by the Governor until well

after November 15, 1992, (actually, August 19, 1998), the General

Preamble (see 57 FR 13529) provides that the applicable requirements of

CAA section 172 were 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 contingency measures (CAA

section 172(c)(9)). It is also worth noting that we interpret the

requirements of sections 172(c)(1) (reasonable available control

measures--RACM), 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, ``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.

Section 176 of the CAA contains requirements related to conformity.

Although EPA's regulations (see 40 CFR Sec. 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 applicable requirements of CAA section 172 are discussed below.

A. Section 172(c)(3)--Emissions Inventory. Section 172(c)(3) of the

CAA requires a comprehensive, accurate, current inventory of all actual

emissions from all sources in the Longmont nonattainment area. The

Governor submitted a 1990 base year emissions inventory for Longmont on

December 31, 1992, with subsequent revisions being submitted on July

11, 1994, and October 21, 1994. We approved this 1990 base year CO

emissions inventory on December 23, 1996 (see 61 FR 67466). In addition

to meeting the requirements of section 172(c)(3) of the CAA, this

inventory also fulfilled the CAA section 187(a)(1) requirement noted

below.

B. Section 172(c)(5) New Source Review (NSR). 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 the redesignation to attainment is approved by

us.

C. Section 172(c)(7)--Compliance With CAA section 110(a)(2): Air

Quality Monitoring Requirements. According to our interpretations

presented in the General Preamble (57 FR 13498), CO nonattainment areas

are to meet the ``applicable'' air quality monitoring requirements of

section 110(a)(2) of the CAA as explicitly referenced by sections

172(b) and (c) of the CAA. With respect to this requirement, the State

indicates in Section III. (``Air Quality'') of the maintenance plan,

that ambient CO monitoring data have been properly collected and

uploaded to EPA's Aerometric Information and Retrieval System (AIRS)

for the Longmont area. Air quality data through 1996 are included in

Section III. of the maintenance plan and in the State's TSD. We

recently polled the AIRS database and verified that the State has

uploaded additional ambient CO data through 1998. The data in AIRS

indicate that the Longmont area has shown, and continues to show,

attainment of the CO NAAQS. 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 Longmont

network remains adequate. Finally, in Section VI. B. of the maintenance

plan, the State commits to the continued operation of the existing CO

monitoring network, according to all applicable Federal regulations and

guidelines, even after the Longmont area is redesignated to attainment

for CO.

D. Section 172(c)(9) Contingency Measures. According to our

interpretations presented in the General Preamble (see 56 FR 13532),

moderate CO nonattainment areas, such as Longmont, were required to

submit contingency measures to address the requirements of section

172(c)(9) of the CAA. These contingency measures were to become

effective, without further action by the State or us, upon a

determination by us that an area had failed to achieve reasonable

further progress (RFP) or to attain the CO NAAQS by December 31, 1995.

To address this CAA requirement, the Governor submitted a contingency

measure to EPA on July 13, 1994. We approved this submittal on March

10, 1997 (see 62 FR 10690).

[[Page 51697]]

In addition to the above, subpart 3 of the November 15, 1990, CAA

amendments required the Longmont CO SIP to include a 1990 base year

emissions inventory (CAA section 187(a)(1)), 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

an oxygenated fuels program (CAA section 211(m)(1)). How the State met

these additional requirements and our approvals, are described as

follows:

E. 1990 base year emissions inventory (CAA section 187(a)(1)). The

Governor submitted a 1990 base year emissions inventory for Longmont on

December 31, 1992, with subsequent revisions being submitted on July

11, 1994, and October 21, 1994. We approved this 1990 base year CO

emissions inventory on December 23, 1996 (see 61 FR 67466).

F. Corrections to the Longmont basic I/M program (CAA section

187(a)(4)). A July 14, 1994, Governor's submittal for Longmont provided

that the area was included in the metro-Denver nonattainment area's

motor vehicle enhanced inspection and maintenance (EI/M) program. We

approved Colorado's EI/M program March 10, 1997 (see 62 FR 10690).

G. Periodic emissions inventories (CAA section 187(a)(5)). A

periodic emission inventory (for calendar year 1993) was required for

Longmont because the Governor did not submit a complete redesignation

request and maintenance plan before September 30, 1995. On September

16, 1997, the Governor submitted a SIP revision for a 1993 periodic

emission inventory for Longmont. We approved this revision on July 15,

1998 (see 63 FR 38087).

H. Oxygenated fuels program (CAA section 211(m)). Section 211(m) of

the CAA requires any CO nonattainment area with a design value of 9.5

ppm CO or greater to implement an oxygenated fuels program. The

Governor submitted a revision to Colorado's Regulation No. 13, on

November 27, 1992, to address the oxygenated fuels requirement of the

CAA for all applicable areas in Colorado, including Longmont. We

approved this revision on July 24, 1994 (see 59 FR 37698). Regulation

No. 13 was revised, to shorten the oxygenated fuels program season

(first shortening) by deleting the last two weeks of February from the

program. The Governor submitted this revision to Regulation No. 13 on

September 29, 1995, and December 22, 1995. We approved this revision on

March 10, 1997 (see 62 FR 10690). Regulation No. 13 was further

revised, to again shorten the oxygenated fuels program season (second

shortening) by deleting the second week of February and to reduce the

fuel oxygen content for the first week of November. The Governor

submitted these revisions on October 1, 1998, and we published a direct

final approval of them on August 25, 1999 (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 provides that for an area to be

redesignated to attainment, we must have fully approved the applicable

implementation plan for the area under section 110(k).

As noted above, we previously approved the Longmont CO

nonattainment area SIP revisions. In this action, we are approving the

State's commitment to maintain an adequate monitoring network

(contained in the maintenance plan). Thus, we have fully approved the

Longmont CO 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 Longmont, that are further

described in Section IV. of the August 19, 1998, Longmont maintenance

plan, were achieved primarily through the Federal Motor Vehicle Control

Program (FMVCP), Colorado's Regulation No. 11, which defines a

decentralized basic motor vehicle inspection and maintenance program

(for vehicles model year 1981 and older) and an enhanced motor vehicle

inspection and maintenance (EI/M) program (for vehicles model year 1982

and newer), the oxygenated fuels program (Colorado Regulation No. 13),

and emission standards for wood-burning stoves and fireplace inserts

(Colorado Regulation No. 4).

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 Longmont. 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.

In addition, significant emission reductions were realized for

Longmont due to the implementation of both the basic I/M program and,

beginning in January of 1995, Colorado's enhanced I/M program.

Colorado's Regulation No. 11, ``Motor Vehicle Emissions Inspection

Program'', contains a full description of the I/M requirements

applicable for Longmont.

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 Longmont

nonattainment area. Regulation 13 specifies the minimum oxygen content

(by weight) that all Longmont-area gas stations' fuels must comply with

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.

Colorado's Regulation No. 4 contains emission standards (which

comply with Federal standards) for all new woodburning stoves and

fireplace inserts sold in Colorado. These emission standards have

reduced, and will continue to reduce, the growth in CO emissions and

other pollutants from woodburning devices. Regulation No. 4, with its

most recent revisions, was approved by us into the Colorado SIP on

April 17, 1997 (62 FR 18716).

We have evaluated the various State and Federal control measures,

the original 1990 base year emission inventory (see 61 FR 67466,

December 23, 1996), and the 1993 attainment year emission inventory,

and have concluded that the improvement in air quality in the Longmont

nonattainment area has resulted from emission reductions that are

permanent and enforceable.

[[Page 51698]]

(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. In this Federal Register action, EPA is

approving the maintenance plan for the Longmont nonattainment area

because we have determined, as detailed below, that the State's

maintenance plan submittal meets the requirements of section 175A and

is consistent with the documents referenced above. Our analysis of the

pertinent maintenance plan requirements, with reference to the

Governor's August 19, 1998, submittal, is provided as follows:

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 and the

September 4, 1992, policy 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 Longmont

area, the State selected the emissions inventory approach for

demonstrating maintenance of the CO NAAQS.

The maintenance plan that the Governor submitted on August 19,

1998, included comprehensive inventories of CO emissions for the

Longmont area. These inventories include emissions from stationary

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

mobile sources. The State selected 1993 as the year from which to

develop the attainment year inventory and included interim-year

projections out to 2015. More detailed descriptions of the 1993

attainment year inventory and the projected inventories are documented

in the maintenance plan in Section V. 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 1993 attainment year and the interim projected years are

provided in Table III.--1 below.

Table III.-1.--Summary of CO Emissions in Tons Per Day for Longmont

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1993 2000 2005 2010 2015

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Point Sources.................................. 0.18 0.21 0.23 0.25 0.27

Area Sources................................... 2.35 2.02 1.79 1.60 1.42

Non-Road Mobile Sources........................ 5.63 6.49 7.11 7.72 8.33

On-Road Mobile Sources......................... 26.59 15.49 14.66 16.11 16.76

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Total...................................... 34.76 24.21 23.79 25.68 26.78

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2. Demonstration of Maintenance--Projected Inventories

As noted above, the State projected total CO emissions for the

years 2000, 2005, 2010, and 2015. The State prepared these projected

inventories in accordance with our guidance (further information is

provided in Section V. of the maintenance plan). The projected

inventories show that CO emissions are not estimated to exceed the 1993

attainment level during the time period 1993 through 2015 and,

therefore, the Longmont area has satisfactorily demonstrated

maintenance.

3. Monitoring Network and Verification of Continued Attainment

Continued attainment of the CO NAAQS in the Longmont area depends,

in part, on the State's efforts to track indicators throughout the

maintenance period. This requirement is met in Section VI.B. of the

maintenance plan. In Section VI.B., the State commits to continue the

operation of the CO monitors in the Longmont area and to annually

review this monitoring network and make changes as appropriate. Also,

in Section VI.B., the State commits to prepare a periodic emission

inventory of CO emissions every three years after the maintenance plan

is approved by EPA. The above commitments by the State, which will be

enforceable by us following the final approval of the Longmont

maintenance plan SIP revision, are deemed adequate by EPA.

4. 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

Section VI. of the maintenance plan, the contingency measures for the

Longmont area will be initially triggered by an exceedance of the CO

NAAQS. Upon an exceedance of the CO NAAQS, the State and Longmont will

convene a committee to recommend for adoption appropriate local

contingency measures to correct a potential violation of the CO NAAQS

(i.e., a second non-overlapping 8-hour average ambient CO measurement

that

[[Page 51699]]

exceeds 9.4 ppm at a single monitoring site during a calendar year is a

violation of the 8-hour CO NAAQS). This process will take approximately

six months. The Colorado AQCC will review the local contingency

measures and if the AQCC concurs, the AQCC may endorse or approve the

local measures without adopting State requirements. If, however, the

AQCC finds that locally adopted contingency measures are inadequate,

the AQCC will adopt State enforceable measures as deemed necessary to

prevent additional exceedances or a violation. The maintenance plan

further states that contingency measures will be adopted and fully

implemented within one year of a CO NAAQS violation. The potential

contingency measures that are identified in Section VI.D. of the

Longmont maintenance plan include increasing the required 2.7 percent

minimum oxygen content of gasoline to a level above the actual oxygen

content of gasolines at the time of the violation, improvements to

Longmont's basic I/M program, increase enforcement of the woodburning

curtailment program, establish a two for one buy-down program for

installation of woodburning devices and/or pellet stoves in new homes

and/or buildings in excess of one device, prohibit the installation of

any woodburning device and/or pellet stove in new housing and/or

building construction projects, establish voluntary no-drive days on

high pollution days, and other measures that may be considered

appropriate. A more complete description of the triggering mechanism

and these contingency measures can be found in Section VI of the

maintenance plan.

Based on the above, we find that the contingency measures provided

in the State's maintenance plan are sufficient and meet the

requirements of section 175A(d) of the CAA.

5. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, Colorado has

committed to submit a revised maintenance plan SIP revision eight years

after the approval of the redesignation. This provision for revising

the maintenance plan is contained in Section VI.E. of the Longmont

maintenance plan.

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

budgets 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.

Section IV.C.3.c.1 of the Longmont maintenance plan describes an

emissions budget for on-road mobile sources for the years 1998 and

beyond as being 27 tons per day (TPD) of CO. The Denver Regional

Council of Governments (DRCOG), which is the area's Metropolitan

Planning Organization (MPO), and the State derived the 27 TPD number

for 1998 and beyond from the 2015 maintenance year inventory value for

on-road mobile sources along with a safety margin calculated based on a

1995 inventory. We cannot approve this 27 TPD value as a budget for

conformity purposes because the budget is not consistent with

maintenance of the CO NAAQS.2 See 40 CFR 93.118(e)(4)(iv).

The attainment year's mobile source budget of 27 TPD does not provide

for maintenance of the CO NAAQS when combined with the increasing

emissions levels from non-mobile sources during the 1998-2014 period

(i.e., use of the 27 TPD budget for any year after 1998 would push

total emissions over the maintenance plan's attainment year level of

34.76 TPD) 3. Thus, we are taking no action on language in

section IV.C.3.c. of the maintenance plan in which the State

established an emissions budget for 1998 and beyond of 27 TPD of CO.

The effect of this is that DRCOG and the State may not use 27 TPD as

the budget for conformity purposes.

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\2\ Pursuant to Section 93.118(e)(4) of the Transportation

Conformity Rule (40 CFR Part 93, Subpart A), we previously reviewed

the adequacy of the maintenance plan's carbon monoxide emissions

budgets for purposes of coformity. In a May 14, 1999 letter, from

Richard R. Long, Director, Air and Radiation Program, EPA Region

VIII, to Margie Perkins, Director, Air Pollution Control Divison,

Colorado Department of Public Health and Environment, we determined

that the emissions budget for 1998 and beyond (27 tons per day) was

inadequate for conformity purposes. Although this action is

consistent with our prior adequacy determination, it should be noted

that, in taking final action on the maintenance plan, we are not

bound by our pror adequacy determination. See 62 FR 43782, August

15, 1997.

\3\ The State used a 1995 inventory to determine the amount of

the safety margin for establishing an emissions budget. The

maintenance demonstration is based on a 1993 inventory. It is not

appropriate to use one inventory for purposes of demonstrating

maintenance and another inventory for purposes of calculating the

safety margin for a motor vehicle emissions budget.

---------------------------------------------------------------------------

Instead, consistent with our conformity regulations and the

preamble to the November 24, 1993, transportation conformity rule (58

FR 62193-96), we are approving the 2015 mobile source emissions

inventory value of 16.76 TPD of CO as the emissions budget. This 16.76

TPD budget will apply for 2015 and beyond. See 40 CFR 93.118(b)(2)(ii).

For the years prior to 2015, conformity determinations must be

conducted in accordance with 40 CFR 93.118(b)(2)(i).

Finally, based on the discussion above, the emissions budget

definition in the Colorado Ambient Air Quality Standards regulation (5

CCR 1001-14) is incorrect as it applies the 27 TPD figure to 1998 and

beyond. As indicated above, we cannot approve the 27 TPD budget and it

cannot be used for conformity determinations.

V. Final Action

In this action, EPA is approving the Longmont carbon monoxide

redesignation request and the maintenance plan.

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 November 23,

1999 without further notice unless the Agency receives adverse comments

by October 25, 1999.

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 November 23, 1999 and no further action will

be taken on the proposed rule.

Administrative Requirements

(a) Executive Order 12866

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

regulatory action from Executive Order 12866,

[[Page 51700]]

entitled ``Regulatory Planning and Review.''

(b) Executive Orders on Federalism

(1) Executive Order 12875: Enhancing the Intergovernmental Partnership

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a state, local,

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local, or tribal

governments. The rule does not impose any enforceable duties on state,

local, or tribal governments. Accordingly, the requirements of section

1(a) of Executive Order 12875 do not apply to this rule.

(2) Executive Order 12612: Executive Order on Federalism

On August 4, 1999, President Clinton issued a new executive order

on federalism, Executive Order 13132 (64 FR 43255, August 10, 1999),

which will take effect on November 2, 1999. In the interim, Executive

Order 12612 (52 FR 41685, October 30, 1987) on federalism still

applies. This rule will not have a substantial direct effect on 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 12612. The rule

affects only one State and does not alter the relationship or the

distribution of power and responsibilities established in the Clean Air

Act.

(c) Executive Order 13045

Executive Order 13045, 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 and

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.

(d) Executive Order 13084: Consultation and Coordination With Indian

Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly affects or uniquely affects

the communities of Indian tribal governments, and that imposes

substantial direct compliance costs on those communities, unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments. If the mandate is

unfunded, EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of Executive Order 13084 do not apply to this rule.

(e) 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). 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 on small entities. Redesignation

to attainment is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources.

Therefore, I certify that the approval of the redesignation request

will not affect a substantial number of small entities.

(f) 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 a

redesignation to attainment and pre-existing requirements under State

or local law, and imposes no new requirements. Accordingly, no

[[Page 51701]]

additional costs to State, local, or tribal governments, or to the

private sector, will result from this action.

(g) 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 the 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 rule is not a ``major rule'' as defined by 5 U.S.C.

804(2).

(h) 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

conductive to the use of VCS.

(i) 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 November 23, 1999. 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).)

Nothing in this action should be construed as making any

determination or expressing any position regarding Colorado's audit

privilege and penalty immunity law, sections 13-25-126.5, 13-90-107,

and 25-1-114.5, Colorado Revised Statutes (Colorado Senate Bill 94-139,

effective June 1, 1994), 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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon Monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: September 10, 1999.

William P. Yellowtail,

Regional Administrator Region VIII.

Chapter I, title 40, parts 52 and 81 of the Code of Federal

Regulations are 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 52.349 is amended by adding paragraph (d) to read as

follows:

Sec. 52.349 Control strategy: Carbon monoxide.

* * * * *

(d) Revisions to the Colorado State Implementation Plan, Carbon

Monoxide Redesignation Request and Maintenance Plan for Longmont, as

adopted by the Colorado Air Quality Control Commission on December 18,

1997, State effective March 2, 1998, and submitted by the Governor on

August 19, 1998.

PART 81--[AMENDED]

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

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

2. In Sec. 81.306, the table entitled ``Colorado-Carbon Monoxide''

is amended by revising the entry for ``Longmont Area'' to read as

follows:

Sec. 81.306 Colorado.

* * * * *

Colorado--Carbon Monoxide

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated Area ---------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

Longmont Area............................. November 23, 1999.......... Attainment.......

Hwy 52 west from the Boulder/Weld

County line to 95th Street/Hoover

Road, then north on 95th Street/

Hoover Road to the intersection of

Plateau Road and SH 119, then west on

Plateau Road to the intersection of

Hygiene Road, then due north to the

Boulder/Larimer County line, then due

east to the intersection of the

Boulder/Larimer/Weld County lines,

then south along the Boulder/Weld

County line to Hwy 52, plus the

portion of the City of Longmont east

of the Boulder/Weld County line in

Weld County.

Boulder County (part):

Weld County (part):

[[Page 51702]]

* * * * * *

*

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\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 99-24906 Filed 9-23-99; 8:45 am]

BILLING CODE 6560-50-P