Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Greeley Carbon Monoxide Redesignation to Attainment, Designation of Areas for Air Quality Planning Purposes, and Approval of a Related Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0029a; FRL-6236-7]

Approval and Promulgation of Air Quality Implementation Plans;

State of Colorado; Greeley Carbon Monoxide Redesignation to Attainment,

Designation of Areas for Air Quality Planning Purposes, and Approval of

a Related Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On September 16, 1997, the Governor of Colorado submitted a

request to redesignate the Greeley ``not classified'' carbon monoxide

(CO) nonattainment area to attainment for the CO National Ambient Air

Quality Standard (NAAQS). The Governor also submitted a CO maintenance

plan which included a 1990 base year emissions inventory. In this

action, EPA is approving the Greeley CO redesignation request, the

maintenance plan, and the 1990 base year emissions inventory.

DATES: This direct final rule is effective on May 10, 1999 without

further notice, unless EPA receives adverse comments by April 9, 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, 880246-1530.

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:

I. Background

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)(1)(C) of the Clean Air Act (CAA), EPA

designated the Greeley area as nonattainment for CO because the area

had been previously designated as nonattainment before November 15,

1990. The Greeley area was classified as a ``not classified'' CO

nonattainment area as the area had not violated the CO NAAQS in 1988

and 1989.1

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

\1\ The EPA describes areas as ``not classified'' if they were

designated nonattainment both prior to enactment and (pursuant to

CAA section 107(d)(1)(C)) at enactment, and if the area did not

violate the primary CO NAAQS in either year for the 2-year period of

1988 through 1989. Refer to the ``General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990'',

57 FR 13498, April 16, 1992. See specifically 57 FR 13535, April 16,

1992.

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

Under the CAA, designations can be changed if sufficient data are

available to warrant such changes 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.

Thus, before EPA can approve the redesignation request, EPA must

find, among other things, that all applicable SIP elements have been

fully approved. Approval of the applicable SIP elements may occur prior

to final approval of the redesignation request or simultaneously with

final approval of the redesignation request. EPA notes there are no

outstanding SIP elements necessary for the redesignation.

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

action on submissions of revisions to a State Implementation Plan. The

CAA also 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 be adopted after reasonable notice

and public hearing prior to being submitted by a State to EPA. For the

revision to the Colorado SIP, Carbon Monoxide (CO) Redesignation

Request and Maintenance Plan for Greeley, a public hearing was held on

September 16, 1996, by the Colorado Air Quality Control Commission

(AQCC). The redesignation request, maintenance plan, and 1990 base year

CO emissions inventory were adopted by the AQCC directly after the

hearing. These SIP revisions became State effective November 30, 1996,

and were submitted by the Governor to EPA on September 16, 1997. EPA

has evaluated the submittal and has determined that the above

procedural actions were accomplished in compliance with section

110(a)(2) of the CAA. By operation of law under the provisions of

section 110(k)(1)(B) of the

[[Page 11776]]

CAA, the submittal became complete on March 16, 1998.

II. Evaluation of Redesignation Requirements

EPA has reviewed the State's redesignation request, maintenance

plan, and the 1990 base year emission inventory and believes that

approval of the request is warranted, consistent with the requirements

of CAA section 107(d)(3)(E). Descriptions of how the section

107(d)(3)(E) requirements are being addressed are provided below.

Section 1. 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 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 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. Rather, for an area to be considered attainment, each

of the CO ambient air quality monitors in the area are allowed to

record no more than one exceedance of the CO standard over a one-year

period. 40 CFR 50.8 and 40 CFR part 50, appendix C. If a single monitor

in the 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, EPA's interpretation of the CAA

and EPA national policy 2 has been that an area seeking

redesignation to attainment must show attainment of the CO NAAQS for a

continuous two-year calendar period and, additionally, at least through

the date that EPA promulgates the redesignation to attainment in the

Federal Register.

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

\2\ Refer to EPA's September 4, 1992, John Calcagni policy

memorandum entitled ``Procedures for Processing Requests to

Redesignate Areas to Attainment.''

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

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

on an analysis of quality assured ambient air quality monitoring data

that are relevant to the redesignation request. Ambient air quality

monitoring data for consecutive calendar years 1988 through 1997 show a

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

monitor, in the Greeley nonattainment area. These data were collected

and analyzed as required by EPA (see 40 CFR 50.8 and 40 CFR part 50,

appendix C) and have been archived by the State in EPA's Aerometric

Information and Retrieval System (AIRS) national database. Further

information on CO monitoring is presented in section 2 of the State's

maintenance plan and in the State's TSD. EPA has evaluated the ambient

air quality data and has determined that the Greeley area has not

violated the CO standard and continues to demonstrate attainment.

Because the Greeley nonattainment area has quality-assured data

showing no violations of the CO NAAQS for 1994 and 1995, the years the

State used to support the redesignation request, and additionally, over

the most recent consecutive two-calendar-year period (i.e., 1997 and

1998), the Greeley area has met the first component for redesignation:

demonstration of attainment of the CO NAAQS. EPA notes that the State

of Colorado has also committed in the maintenance plan to the necessary

continued operation of the CO monitor in compliance with all applicable

federal regulations and guidelines.

Section 2. Redesignation Criterion: The Area Must Have Met All

Applicable Requirements Under Section 110 and Part D of the CAA

Section 107(d)(3)(E)(v) requires that, to be redesignated to

attainment, an area must meet all applicable requirements under section

110 and part D of the CAA. EPA interprets section 107(d)(3)(E)(v) to

mean that for a redesignation to be approved, the State must meet all

requirements that applied to the subject area prior to or at the time

of the submission of a complete redesignation request. Requirements of

the CAA due after the submission of a complete redesignation request

need not be considered in evaluating the request.

A. CAA Section 110 Requirements

The Greeley CO element of the Colorado SIP was adopted by the

Colorado Air Quality Control Commission (AQCC) in June of 1982 and was

approved by the EPA on December 12, 1983 (48 FR 55284). The 1982 SIP

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

the Federal Motor Vehicle Control Program (FMVCP) and local

transportation control measures. The anticipated date for attaining the

8-hour CO NAAQS was December 31, 1987.

In May of 1986, the Colorado Air Pollution Control Divisions (APCD)

determined that the Greeley area would not be able to attain the CO

NAAQS by the end of 1987 (this determination was based on estimated

emission reductions and ambient air quality monitoring data.) EPA

confirmed the APCD's evaluations, determined that the SIP was

inadequate, and published a call on the SIP on January 16, 1987 (52 FR

1908). In response to EPA's SIP Call, the Greeley CO element of the SIP

was revised by the AQCC in September of 1987. The Governor submitted

the revised Greeley CO SIP element on November 25, 1987 (with

supplemental information being submitted on February 25, 1988). The

1987 SIP revision contained additional emission controls consisting of

the implementation of a decentralized basic motor vehicle inspection

and maintenance (I/M) program, oxygenated fuels, and emission standards

for new wood burning stoves. EPA approved this revision for the Greeley

CO element of the SIP on September 3, 1992 (57 FR 40331).

Although section 110 of the CAA was amended in 1990, most of the

changes were not substantial. The only additional CAA requirement

assigned to the Greeley area was the preparation and submittal of a

1990 base year CO emission inventory. The Governor submitted this base

year inventory on September 16, 1997, as part of the maintenance plan

for the Greeley redesignation request. EPA is approving this 1990 base

year emissions inventory concurrent with its approval of the

maintenance plan. Thus, EPA has determined that the SIP revisions

approved in 1992 continue to satisfy the requirements of section

110(a)(2). For further detail, please see 57 FR 40331.

B. Part D Requirements

Before the Greeley not classified CO nonattainment area may be

redesignated to attainment, the State must have fulfilled the

applicable requirements of part D. 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 classified or

nonclassifiable.

The relevant Subpart 1 requirements are contained in sections

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

provides EPA's interpretations of the CAA requirements for not

classified CO areas (see 57 FR 13535):

[[Page 11777]]

Although it seems clear that the CO-specific requirements of

subpart 3 of part D do not apply to CO ``not classified'' areas, the

1990 CAAA are silent as to how the requirements of subpart 1 of part

D, which contains general SIP planning requirements for all

designated nonattainment areas, should be interpreted for such CO

areas. Nevertheless, because these areas are designated

nonattainment, some aspects of subpart 1 necessarily apply.

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

as determined by the Administrator, were due no later than three years

after an area was designated as nonattainment under section 107(d) of

the amended CAA (see 56 FR 56694). In the case of the Greeley area, the

due date was November 15, 1993. As the Greeley CO redesignation request

and maintenance plan were not submitted by the Governor until September

16, 1997, the General Preamble (57 FR 13535) provides that the

applicable requirements of CAA section 172 are 172(c)(3) (emissions

inventory), 172(c)(5)(new source review permitting program), and

172(c)(7)(the section 110(a)(2) air quality monitoring requirements)).

EPA has determined that Part D requirements for Reasonably Available

Control Measures (RACM), an attainment demonstration, reasonable

further progress (RFP), and contingency measures (CAA section

172(c)(9)) are not applicable to not classified CO areas. See 57 FR

13535, April 16, 1992. It is also worth noting that EPA has interpreted

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

measures--RACM), 172(c)(2) (reasonable further progress--RFP),

172(c)(6)(other measures), and 172(c)(9)(contingency 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 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 51.396) require that states

adopt transportation conformity provisions in their SIPs for areas

designated nonattainment or subject to an EPA-approved maintenance

plan, EPA has 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.

(1) 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

Greeley nonattainment area. EPA's interpretation of the emission

inventory requirement for ``not classified'' CO nonattainment areas is

detailed in the General Preamble (57 FR 13535, April 16, 1992). EPA

determined that an emissions inventory is specifically required under

CAA section 172(c)(3) and is not tied to an area's proximity to

attainment. EPA concluded that an emissions inventory must be included

as a revision to the SIP and was due 3 years from the time of the

area's designation. For ``not classified'' CO areas, this date became

November 15, 1993. To address the section 172(c)(3) requirement for a

``current'' inventory, EPA interpreted ``current'' to mean calendar

year 1990 (see 57 FR 13502, April 16, 1992).

On September 16, 1997, the Governor submitted the 1990 base year

inventory for the Greeley CO nonattainment area. A Summary of the 1990

CO daily seasonal emissions are provided in the Table II.-1 below.

Table II.-1.--Summary of 1990 CO Emissions (Tons Per Day) for Greeley

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

Point Sources Area Sources On-Road Mobile Non-Road Mobile Total

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

1.85................. 2.99 48.3 5.31 58.45

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

All supporting calculations and documentation for this 1990 CO base

year inventory are contained in the State's Technical Support Document

(TSD) which supports this action. EPA is approving this 1990 base year

CO inventory concurrent with its approval of the redesignation request

and maintenance plan.

(2) 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 EPA.

(3) Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air

Quality Monitoring Requirements

According to EPA's interpretations presented in the General

Preamble (57 FR 13535), ``not classified'' CO nonattainment areas

should 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 2 (``Attainment of the Carbon Monoxide Standard'')

of the maintenance plan, that ambient CO monitoring data have been

properly collected and uploaded to EPA's Aerometric Information and

Retrieval System (AIRS) since 1976 for the Greeley area. Air quality

data through 1996 are included in Section 2 of the maintenance plan and

in the State's TSD. EPA has more recently polled the AIRS database and

has verified that the State has also uploaded additional ambient CO

data through 1997. The data in AIRS indicate that the Greeley 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. EPA

personnel have concurred with Colorado's annual network reviews and

have agreed that the Greeley network remains adequate. Finally, in

Section 6, D. of the maintenance plan, the State commits to the

continued operation of the existing CO monitor, according to all

applicable Federal regulations and guidelines, even after

[[Page 11778]]

the Greeley area is redesignated to attainment for CO.

Section 3. 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 states that for an area to be

redesignated to attainment, it must be determined that the

Administrator has fully approved the applicable implementation plan for

the area under section 110(k).

Based on the approval into the SIP of provisions under the pre-1990

CAA, EPA's prior approval of SIP revisions required under the 1990

amendments to the CAA, and EPA's approval in this action of the 1990

emissions inventory and the State's commitment to maintain an adequate

monitoring network (both contained in the maintenance plan), EPA has

determined that, as of the date of this Federal Register action,

Colorado has a fully approved CO SIP under section 110(k) for the

Greeley CO nonattainment area.

Section 4. 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 (Greeley CO revision as approved on September 3,

1992, 57 FR 40331), implementation of applicable Federal air pollutant

control regulations, and other permanent and enforceable reductions.

The CO emissions reductions that were derived from the November 25,

1987, SIP revision, as further described in Sections 3. and 4. of the

September 16, 1997, Greeley maintenance plan, were achieved primarily

through the Federal Motor Vehicle Control Program (FMVCP), a

decentralized basic motor vehicle inspection and maintenance (I/M)

program, oxygenated fuels, and emission standards for new wood burning

stoves.

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 Greeley. 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, as stated in Section 4. of the maintenance plan,

significant additional emission reductions were realized from Greeley's

basic I/M program. Colorado's Regulation No. 11, ``Motor Vehicle

Emissions Inspection Program'', contains a full description of the

requirements for Greeley's I/M program. EPA notes that further

improvements to the Greeley area's basic I/M program were implemented

in January, 1995, to meet the requirements of EPA's November 5, 1992,

(57 FR 52950) I/M rule and were approved by EPA into the SIP on March

19, 1996 (61 FR 11149).

Oxygenated fuels are gasolines that area 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 Greeley

nonattainment area. Regulation 13 requires all Greeley-area gas

stations to sell fuels containing a 2.7% minimum oxygen (by weight)

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.

All new Woodburning devices (stoves, fireplaces, fireplace inserts,

etc.) are regulated by Colorado's Regulation No. 4, ``Regulation on the

Sale of New Woodstoves and the use of Certain Woodburning Appliances

During High Pollution Days''. Regulation No. 4 mirrors the Federal

standards for woodburning devices and also contains the requirements

for the ``burn'' and ``no burn'' days during the high pollution

wintertime season. Although CO emissions from woodburning devices

increased slightly from 2.72 tons per day (TPD) in 1990 to 2.89 TPD in

1995, as presented in Tables IV. and V. of Section 6. of the

maintenance plan, Regulation No. 4 still provided assistance to the

Greeley area by controlling CO emissions from existing sources and

reducing the potential CO emission increases from new sources.

EPA has evaluated the various State and Federal control measures,

the 1990 base year emission inventory, and the 1995 attainment year

emission inventory, and has concluded that the improvement in air

quality in the Greeley nonattainment area has resulted from emission

reductions that are permanent and enforceable.

Section 5. 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.

For areas such as Greeley, that are utilizing EPA's limited maintenance

plan approach, the EPA guidance memorandum entitled ``Limited

Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas''

from Joseph Paisie, Group Leader, Integrated Policy and Strategies

Group, Office of Air Quality and Planning Standards, dated October 6,

1995, states that the maintenance plan demonstration requirement is

considered to be satisfied for nonclassifiable areas if the monitoring

data show that the area is meeting the air quality criteria for limited

maintenance areas (i.e., a design value at or below 7.65 ppm, or 85% of

the CO NAAQS, based on the 8 consecutive quarters--2 years of data--

used to determine attainment). There is no requirement to project

emissions over the maintenance period. EPA believes if the area begins

the maintenance period at or below 85 percent of CO NAAQS, the

continued applicability of PSD requirements, any control measures

already in the SIP, and Federal measures, should provide adequate

assurance of maintenance over the initial 10-year maintenance period.

In addition, the design value for the area must continue to be at or

below 7.65 ppm until the time of final EPA action on the redesignation.

The method for calculating the design value is presented in the June

18, 1990, EPA guidance memorandum entitled ``Ozone and Carbon Monoxide

Design Value Calculations'', from William G. Laxton, Director of the

OAQPS Technical Support Division, to Regional Air Directors. In the

case of a nonclassifiable area applying for a limited maintenance plan,

all the monitors must have a separate design value calculated and the

highest design value must be at or below 7.65 ppm. Should the design

value for the area

[[Page 11779]]

exceed 7.65 ppm prior to final EPA action on the redesignation, then

the area no longer qualifies for the limited maintenance plan and must

instead submit a full maintenance plan as described in EPA's September

4, 1992, guidance memorandum entitled ``Procedures for Processing

Requests to Redesignate Areas to Attainment'', from John Calcagni,

Director of the Air Quality Management Division, OAQPS to the Regional

Air Division Directors.

Eight years after EPA's approval of this redesignation, the State

must submit a revised maintenance plan that demonstrates continued

maintenance of the CO NAAQS for 10 years 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, EPA 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 State of Colorado's

limited maintenance plan for the Greeley nonattainment area because EPA

has 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. EPA's analysis of the pertinent

maintenance plan requirements, with reference to the Governor's

September 16, 1997, submittal, is provided as follows:

A. Emissions Inventory--Attainment Year

EPA's interpretations of the CAA section 175A maintenance plan

requirements for a limited maintenance plan are described in the

October 6, 1995, policy memorandum referenced above. The State is to

develop an attainment year emissions inventory to identify a level of

emissions in the area which is sufficient to attain the CO NAAQS. This

inventory is to be consistent with EPA's most recent guidance on

emissions inventories for nonattainment areas available at the time

3 and should represent emissions during the time period

associated with the monitoring data showing attainment.

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

\3\ The October 6, 1995, limited maintenance plan guidance

memorandum states that current guidance on the preparation of

emissions inventories for CO areas is contained in the following

documents: ``Procedures for the Preparation of Emission Inventories

for Carbon Monoxide and Precursors of Ozone: Volume I'' (EPA-450/4-

91-016), and ``Procedures for Emission Inventory Preparation: Volume

IV, Mobile Sources'' (EPA-450/4-81-026d revised).

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

The maintenance plan that the Governor submitted on September 16,

1997, included a comprehensive inventory of CO emissions for the

Greeley area for a typical CO season day in 1995. This inventory

includes emissions from stationary point sources, area sources, non-

road mobile sources, and on-road mobile sources. The State selected

1995 as the year from which to develop the attainment year inventory as

it was using 1994 and 1995 as the two most recent years (or 8 quarters)

that demonstrated attainment of the CO NAAQS for Greeley. A more

detailed description of the 1995 attainment year inventory is

documented in the maintenance plan, Section 6, 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 1995 attainment year are provided in Table II.-2

below.

Table II.-2.--Summary of 1995 CO Emissions (Tons Per Day) for Greeley

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

Point sources Area sources On-road mobile Non-road mobile Total

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

1.67................. 3.17 33.99 5.56 44.39

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

B. Demonstration of Maintenance

As described in the October 6, 1995, limited maintenance plan

guidance memorandum, the maintenance plan demonstration requirement is

considered to be satisfied for nonclassifiable areas (such as Greeley)

if the monitoring data show that the area is meeting the air quality

criteria for limited maintenance areas (i.e., equal to or less than

7.65 ppm design value). There is no requirement to project emissions

over the maintenance period. EPA believes that if an area begins the

maintenance period at or below 85 percent of the CO NAAQS (7.65 ppm),

the continued application of control measures already in the SIP, PSD

requirements, and Federal measures provides adequate assurance of

maintenance over the initial 10-year maintenance period.

C. Monitoring Network and Verification of Continued Attainment

EPA's October 6, 1995, limited maintenance plan guidance memorandum

states that to verify the attainment status of an area, such as

Greeley, over the maintenance period, the maintenance plan should

contain provisions for the continued operation of an appropriate, EPA-

approved air quality monitoring network in accordance with 40 CFR part

58.

This requirement is met in section 6.D. of the Greeley maintenance

plan. This section states that the Colorado Air Pollution Control

Division (APCD) has operated (since December, 1976), and will continue

to operate, the Greeley monitoring network in full accordance with the

provisions of 40 CFR part 58 and the EPA-approved Colorado Monitoring

SIP element. The APCD will also analyze the monitoring data to verify

continued attainment of the CO NAAQS for the Greeley area. The above

air quality monitoring commitment by the State, which will be

enforceable by EPA after this final approval of the Greeley maintenance

plan SIP revision, is deemed adequate by EPA.

D. 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 6.E.2.a. of the maintenance plan, the State will use an

exceedance of the CO NAAQS as the trigger for adopting specific

contingency measures for the Greeley area. The State indicates that

notification to EPA, and

[[Page 11780]]

other affected governments, of the exceedance will generally occur

within 30 days, but no longer than 45 days. Upon notification of a CO

NAAQS exceedance, the APCD and the local governments in the Greeley

area will convene a committee to recommend an appropriate contingency

measure or measures that would be necessary to correct a violation of

the CO NAAQS standard. The committee would then propose the necessary

contingency measure(s) for adoption. The State estimates this process

would be completed within 6 months of the exceedance and that the local

and State public hearing processes would then begin. The hearing

processes should then be completed within three months and the AQCC

adopted measure(s) would then become effective if a violation of the CO

NAAQS is recorded. Full implementation of the adopted contingency

measure(s) should then be achieved within one year after the date of

the recording of the CO NAAQS violation. The potential contingency

measures, identified in section 6.E.3. of the Greeley 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 Greeley's I/M program,

establishing a high pollution day episodic woodburning curtailment

program, and re-establishing the stationary source NSR permitting

program. A more complete description of the triggering mechanism and

these contingency measures can be found in sections 6.E.2. and 6.E.3.

of the maintenance plan.

It should be noted that the State makes a statement in section

6.E.2 of the maintenance plan that may be misleading. The section 6.E.2

text states the following:

The guidance indicates that the triggering of the contingency

plan does not require a revision to the SIP nor is the area

redesignated once again to nonattainment. Instead, the State will

have an appropriate time-frame to correct the violation with

implementation of one or more adopted contingency measures. In the

event that violations continue to occur, there is the possibility of

adopting additional contingency measures until the violations are

corrected.

Under section 175A(d) of the CAA, the Administrator of EPA has the

discretion to require a SIP revision if an area fails to maintain the

NAAQS after redesignation, and has the discretion under section

107(d)(3) of the CAA to redesignate an area back to nonattainment upon

a violation of the NAAQS. Since EPA does not believe the State's

language is intended to limit EPA's authority under these sections of

the CAA, and does not believe the State has the ability to limit such

authority in any event, EPA is not requiring the State to change this

language.

Based on the above, EPA finds that the contingency measures

provided in the State's maintenance plan for Greeley are sufficient and

meet the requirements of section 175A(d) of the CAA and the October 6,

1995, limited maintenance plan guidance memorandum.

E. Subsequent Maintenance Plan Revisions

The State of Colorado has committed to submit a revised maintenance

plan for Greeley as required by the CAA and EPA requirements. This

commitment for revising the maintenance plan is contained in section

6.F. of the Greeley maintenance plan. As the State notes in section

6.F., section 175A(b) of the CAA requires the State to submit a

maintenance plan revision to EPA eight (8) years after EPA redesignates

the Greeley area to attainment. The State should be aware that, because

EPA is redesignating the Greeley area in early 1999, the date for

submitting the maintenance plan revision will be significantly earlier

than the State projects it to be in the maintenance plan.

III. Conformity

Because the Greeley area qualified for and utilized EPA's Limited

Maintenance Plan national policy,4 special conformity

provisions apply as indicated below in an excerpt from such policy:

\4\ Refer to EPA's October 6, 1995, Joseph Paisie policy

memorandum entitled ``Limited Maintenance Plan Option for

Nonclassifiable CO Nonattainment Areas.''

e. Conformity Determinations Under Limited Maintenance Plans

The transportation conformity rule (58 FR 62188; November 24,

1993) and the general conformity rule (58 FR 63214; November 30,

1993) apply to nonattainment areas and maintenance areas operating

under maintenance plans. Under either rule, one means of

demonstrating conformity of Federal actions is to indicate that

expected emissions from planned actions are consistent with the

emissions budget for the area. Emissions budgets in limited

maintenance plan areas may be treated as essentially not

constraining for the length of the initial maintenance period

because it is unreasonable to expect that such an area will

experience so much growth in that period that a violation of the CO

NAAQS would result. In other words, EPA would be concluding that

emissions need not be capped for the maintenance period. Therefore,

in areas with approved limited maintenance plans, Federal actions

requiring conformity determinations under the transportation

conformity rule could be considered to satisfy the ``budget test''

required in sections 93.118, 93.119, and 93.120 of the rule.

Similarly, in these areas, Federal actions subject to the general

conformity rule could be considered to satisfy the ``budget test''

specified in section 93.158(a)(5)(i)(A) of the rule.

IV. Final Action

In this action, EPA is approving the Greeley carbon monoxide

redesignation request, maintenance plan, and the 1990 base year

emissions inventory.

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

adverse comments be filed. This rule will be effective May 10, 1999

without further notice unless the Agency receives adverse comments by

April 9, 1999.

If EPA receives such comments, then EPA 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 May 10, 1999 and no further action will be

taken on the proposed rule.

V. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order 12866, entitled ``Regulatory

Planning and Review.''

B. 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, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

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

[[Page 11781]]

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.

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 E. O. 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 E. O. 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, or EPA consults

with those governments. If EPA complies by consulting, Executive Order

12084 requires EPA to 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

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. This rule is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 May 10, 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

[[Page 11782]]

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

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: February 12, 1999.

Jack W. McGraw,

Acting 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 52.348 is amended by adding paragraph (c) to read as

follows:

Sec. 52.348 Emission inventories.

* * * * *

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

1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a

revision to the Colorado State Implementation Plan. This inventory

addresses carbon monoxide emissions from stationary point, area, non-

road, and on-road mobile sources.

3. New section 52.349 is added to read as follows:

Sec. 52.349 Control strategy: Carbon monoxide.

Revisions to the Colorado State Implementation Plan, Carbon

Monoxide Redesignation Request and Maintenance Plan for Greeley, as

adopted by the Colorado Air Quality Control Commission on September 19,

1996, State effective November 30, 1996, and submitted by the Governor

on September 16, 1997.

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 ``Greeley Area'' to read as

follows:

Sec. 81.306 Colorado.

* * * * *

Colorado--Carbon Monoxide

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

Designation Classification

Designated area --------------------------------------------------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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

* * * * * * *

Greeley Area: ........................... Attainment

Weld County (part)....... May 10, 1999...............

Urban boundaries as defined

in the North Front Range

Regional Transportation Plan,

May, 1990.

* * * * * * *

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

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

[FR Doc. 99-5661 Filed 3-9-99; 8:45 am]

BILLING CODE 6560-50-P