Federal Register, Volume 63 Issue 135 (Wednesday, July 15, 1998)

[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Rules and Regulations]
[Pages 38087-38089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18862]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Colorado on September 16, 1997. The effect of
this action is to approve 1993 periodic carbon monoxide (CO) emission
inventories for Colorado Springs, Denver, Fort Collins, and Longmont
that were submitted by the Governor, as a revision to the State
Implementation Plan (SIP), as required by section 187(a)(5) of the
Clean Air Act (CAA), as amended in 1990. This action is being taken
under section 110 of the CAA.

DATES: This direct final rule is effective on September 14, 1998
without further notice, unless EPA receives adverse comments by August
14, 1998. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director,
Air Program, Mailcode 8P2-A, Environmental Protection Agency (EPA),
Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Program,
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado, 80202. Copies of the State documents relevant to
this action are available for public inspection at the Colorado
Department of Public Health and Environment, Air Pollution Control
Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII,
(303) 312-6436.

SUPPLEMENTARY INFORMATION: On September 16, 1997, the State of Colorado
submitted a formal revision to its State Implementation Plan (SIP). The
SIP revision consists of the 1993 periodic carbon monoxide (CO)
emission inventories for Colorado Springs, Denver, Fort Collins, and
Longmont.

I. Background

As required by the CAA, States have the responsibility to inventory
emissions contributing to NAAQS nonattainment, to track these emissions
over time, and to ensure that control strategies are being implemented
that reduce emissions and move areas towards attainment. The CAA
required States with moderate or serious CO nonattainment areas to
initially submit a base year CO inventory that represented actual
emissions during the peak CO season by November 15, 1992. This base
year inventory was for calendar year 1990. Moderate and serious CO
nonattainment areas were also required to submit a revised emissions
inventory periodically. The 1990 base year inventory was to serve as
the primary inventory from which the periodic inventories were to be
derived. As per CAA section 187(a)(5), the submittal of the first
periodic emissions inventory, as a revision to the SIP, was required no
later than September 30, 1995, and every three years thereafter until
the area is redesignated to attainment. This requirement applies to
Colorado Springs, Denver, Fort Collins, and Longmont. Further
information on these inventories and their purpose can be found in the
document ``Emission Inventory Requirements for Carbon Monoxide State
Implementation Plans'', USEPA, Office of Air Quality Planning and
Standards, EPA-450/4-91-011, March, 1991, and the September 30, 1994,
guidance memorandum entitled ``1993 Periodic Emission Inventory
Guidance'', signed by J. David Mobley, Chief of the Emission Inventory
Branch (hereafter, the Mobley Memorandum).
The periodic inventories were to be prepared in similar detail as
was done with the 1990 base year inventories and were to address actual
CO emissions for the area during the peak CO season. The peak CO season
should reflect the months when peak CO air quality concentrations
occur. As winter is the peak CO season for Colorado Springs, Denver,
Fort Collins, and Longmont, the 1993 periodic inventories included the
period November through January. The periodic inventories are to
address emissions from stationary point, area, on-road mobile, and non-
road mobile sources.

II. Summary of SIP Revision

A. Review of the 1993 CO Periodic Emissions Inventories (PEI) for
Colorado Springs, Denver, Fort Collins, and Longmont

The September 30, 1994, Mobley memorandum allowed for two options
for the approach to developing the 1993 PEI. If the 1993 PEI was to be
used for a regulatory purpose (i.e., milestone compliance
demonstration, rate of progress, maintenance plan tracking, etc.) a
rigorous, comprehensive PEI was to be developed similar in detail and
documentation to that which was done for the 1990 base year inventory.
If, however, EPA and the State determined that the 1993 PEI would not
be used to support a regulatory purpose other than to fulfill the CAA
section 187(a)(5) requirement, a less rigorous approach could be
appropriate. Colorado chose the latter option for all four 1993 PEIs.
EPA has reviewed the 1993 PEIs for Colorado Springs, Denver, Fort
Collins, and Longmont. Summary tables, calculations for all identified
sources in each source category, and adequate documentation were
provided by the State for each of the four PEIs. EPA has determined
that the Colorado Springs, Denver, Fort Collins, and Longmont 1993 PEIs
satisfy the requirements of section 187(a)(5) of the CAA.
The 1993 CO emissions from point sources, area sources, on-road
mobile sources, and non-road mobile sources for Colorado Springs,
Denver, Fort Collins, and Longmont are summarized in the following
table:

Carbon Monoxide Seasonal Emissions in Tons Per Day
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Point On-road Non-road
Non-attainment area source Area source mobile mobile Total
emissions* emissions emissions emissions emissions
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Colorado Springs............................... 2.83 29.49 250.80 34.70 317.82

[[Page 38088]]

Denver......................................... 13.37 72.40 1441.97 152.96 1680.70
Fort Collins................................... 0.18 7.54 49.99 8.96 66.67
Longmont....................................... 0.03 2.36 20.78 5.54 28.71
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*Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).

All supporting calculations and documentation for these 1993 carbon
monoxide periodic inventories are contained in the State's Technical
Support Document (TSD) for this action.

B. Procedural Background

The CAA requires States to observe certain procedural requirements
in developing SIP revisions for submittal to EPA. Section 110(a)(2) of
the CAA provides that each SIP revision (including emission
inventories) be adopted after going through a reasonable notice and
public hearing process prior to being submitted by a State to
EPA.¹ The State held a public hearing for the Colorado
Springs, Denver, Fort Collins, and Longmont 1993 PEIs on December 21,
1995, directly after which the inventories were adopted by the Air
Quality Control Commission (AQCC); the inventories were formally
submitted by the Governor on September 16, 1997. EPA determined the
submittal was complete on February 23, 1998.
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\1\ Memorandum from John Calcagni, Director, Air Quality
Management Division, and William G. Laxton, Director, Technical
Support Division, to Regional Air Division Directors, Region I-X,
``Public Hearing Requirements for 1990 Base-Year Emission
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''
September 29, 1992.
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III. Final Action

EPA is approving the carbon monoxide 1993 periodic emission
inventories for Colorado Springs, Denver, Fort Collins, and Longmont as
fulfilling the requirements of section 187(a)(5) of the CAA. These
inventories were submitted by the Governor with a letter dated
September 16, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 14,
1998 without further notice unless the Agency receives adverse comments
by August 14, 1998.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Any parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on September 14, 1998 and no further action will
be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review,'' review.
The final rule is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or to

[[Page 38089]]

the private sector, result from this action.

D. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 14, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

F. Approving SIP Revisions in Audit Law States

Nothing in this action should be construed as making any
determination or expressing any position regarding Colorado's audit
privilege and penalty immunity law (13-25-126.5, C.R.S.) or its impact
upon any approved provision in the SIP, including the revision at issue
here. The action taken herein does not express or imply any viewpoint
on the question of whether there are legal deficiencies in this or any
other Clean Air Act program resulting from the effect of Colorado's
audit privilege and immunity law. A state audit privilege and immunity
law can affect only state enforcement and cannot have any impact on
federal enforcement authorities. EPA may at any time invoke its
authority under the Clean Air Act, including, for example, sections
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions
of the state plan, independently of any state enforcement effort. In
addition, citizen enforcement under section 304 of the Clean Air Act is
likewise unaffected by a state audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: July 6, 1998.
Patricia D. Hull,
Acting Regional Administrator,
Region VIII.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart G--Colorado

2. Section 52.348 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:

Sec. 52.348 Emission inventories.

* * * * *
(b) On September 16, 1997, the Governor of Colorado submitted the
1993 Carbon Monoxide Periodic Emission Inventories for Colorado
Springs, Denver, Fort Collins, and Longmont as revisions to the
Colorado State Implementation Plan. These inventories address carbon
monoxide emissions from stationary point, area, non-road mobile, and
on-road mobile sources.

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