[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66264-66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21837]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[RME Docket Number R08-OAR-2005-UT-0006; FRL-7992-6]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Provo Attainment Demonstration of the Carbon Monoxide
Standard, Redesignation to Attainment, Designation of Areas for Air
Quality Planning Purposes, and Approval of Related Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Utah. On
April 1, 2004, the Governor of Utah submitted an attainment
demonstration and plan for the Provo metropolitan area (hereafter,
Provo area) for the carbon monoxide (CO) National Ambient Air Quality
Standard (NAAQS) to replace the demonstration and plan that were
submitted by Governor Leavitt on July 11, 1994. The Governor's
submittal also contained a request to redesignate the Provo area to
attainment for the CO NAAQS and a maintenance plan which includes
transportation conformity motor vehicle emission budgets (MVEB) for
2014 and 2015. The Governor also submitted revisions to: Utah's Rule
R307-110-12, ``Section IX, Control Measures for Area and Point Sources,
Part C, Carbon Monoxide,'' which incorporates the attainment
demonstration, plan, and maintenance plan; Utah's Rule R307-110-31,
``Section X , Vehicle Inspection and Maintenance Program, Part A,''
which incorporates general requirements and applicability for motor
vehicle emissions inspections; and Utah's Rule R307-110-34, ``Section
X, Vehicle Inspection and Maintenance Program, Part D, Utah County,''
which incorporates a revised vehicle inspection and maintenance program
for Utah County. The Governor's April 1, 2004 submittal also stated
that the prior July 11, 1994 submittal of Utah's Rule R307-1-4.12,
``Emissions Standards for Residential Solid Fuel Burning Devices and
Fireplaces'' to restrict woodburning in Utah County, remains part of
her April 1, 2004 submittal and requested that Utah's Rule R307-301,
``Oxygenated Gasoline Program,'' be eliminated from the Federally-
approved SIP. We note that on September 20, 1999, the Governor
submitted Utah
[[Page 66265]]
Rules R307-302-3 and -4, which together comprise a re-numbered and re-
titled version of R307-1-4.12. The text of Rules R307-302-3 and -4 is
identical to the text of Rule R307-1-4.12 that the Governor submitted
on July 11, 1994. In this action, we are approving and incorporating by
reference Rules R307-302-3 and -4, because these comprise the current
version of the State rule. Approving these rules rather than the
earlier version will avoid confusion to the public and will obviate the
need for a future SIP revision merely to re-number the SIP. In the
remainder of this notice, we will refer to the rule by its current
numbers, unless the context dictates otherwise.
In this action, EPA is approving the Provo area's attainment
demonstration and plan, the request for redesignation to attainment for
the Provo area, the maintenance plan, the transportation conformity
MVEBs for 2014 and 2015, the revisions to Part A of the Vehicle
Inspection and Maintenance Program pertaining to general requirements
and applicability, the revisions to Part D of the Vehicle Inspection
and Maintenance Program pertaining to the program for Utah County, the
revisions to Rule R307-110-12, the revisions to Rule R307-110-31, the
revisions to Rule R307-110-34, Rules R307-302-3 and -4, and the request
to remove Rule R307-301 from the Federally-approved SIP. EPA is also
identifying the transportation conformity MVEB for the year 2000, which
is derived from the attainment year emission inventory in the
attainment plan. This action is being taken under section 110 of the
Clean Air Act.
DATES: This rule is effective on January 3, 2006 without further
notice, unless EPA receives adverse comment by December 2, 2005. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by RME Docket Number R08-
OAR-2005-UT-0006, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/index.jsp.
Regional Materials in EDOCKET (RME), EPA's electronic public docket and
comment system for regional actions, is EPA's preferred method for
receiving comments. Follow the on-line instructions for submitting
comments.
E-mail: [email protected] and [email protected].
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to RME Docket Number R08-OAR-
2005-UT-0006. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
at http://docket.epa.gov/rmepub/index.jsp, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. EPA's Regional Materials in EDOCKET and
federal regulations.gov website are ``nonymous access'' systems, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA, without going through EDOCKET or regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit EDOCKET online or see the
Federal Register of May 31, 2002 (67 FR 38102). For additional
instructions on submitting comments, go to Section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado
80202-2466. EPA requests that if at all possible, you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999
18th Street, Suite 200, Denver, Colorado 80202-2466, phone (303) 312-
6479, and e-mail at: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the purpose of this action?
III. What is the State's process to submit these materials to EPA?
IV. Brief History of the Provo Area and the CO NAAQS
V. The Provo Area's Attainment/Maintenance Plan (Provo CO Plan):
Contents
VI. EPA's Evaluation of the Introduction and Monitoring Sections of
the Provo CO Plan
VII. EPA's evaluation of the Clean Air Act Requirements Relevant to
the Provo Area
VIII. EPA's Evaluation of the Provo Area's 2000 Attainment
Demonstration & Maintenance Plan Modeling
IX. EPA's evaluation of the Provo Area's 2000 Attainment
Demonstration and Plan
X. EPA's evaluation of the Provo Area's Redesignation Request and
Maintenance Plan
XI. EPA's evaluation of the Transportation Conformity Requirements
XII. EPA's evaluation of the Rule R307-110-31 Revisions
XIII. EPA's evaluation of the Rule R307-110-34 Revisions
XIV. EPA's evaluation of Rules R307-302-3 and -4
XV. EPA's evaluation of the removal of Rule R307-301
XVI. Consideration of Section 110(l) of the CAA
XVII. Final Action
[[Page 66266]]
XVIII. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials NAAQS mean National Ambient Air Quality
Standard.
(iv) The initials SIP mean or refer to State Implementation Plan.
(v) The word State means the State of Utah, unless the context
indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What is the purpose of this action?
In this action, we are approving an attainment demonstration and
plan for the year 2000 for the Provo area for the CO NAAQS to replace
the demonstration and plan that were submitted by Governor Leavitt on
July 11, 1994. As part of our action on the attainment demonstration
and plan, we are identifying the transportation conformity MVEB for the
year 2000. We are also approving a change in the legal designation of
the Provo area from nonattainment for CO to attainment, we're approving
the maintenance plan that is designed to keep the Provo area in
attainment for CO for the next 10 years, we're approving the
maintenance demonstration, and we're approving the maintenance plan's
transportation conformity MVEBs for 2014 and 2015. All the above are
addressed in the State's document entitled ``Carbon Monoxide Provisions
For Provo, Section IX, Part C.6'' (hereafter, Provo CO Plan) which
contains the Provo area's attainment plan and the maintenance plan and
was included with the Governor's April 1, 2004 submittal.
In addition, we're approving revisions to Utah's Rule R307-110-12,
that incorporates revisions to ``Section IX, Control Measures for Area
and Point Sources, Part C, Carbon Monoxide,'' that incorporates the
Provo CO Plan (``Carbon Monoxide Provisions For Provo, Section IX, Part
C.6''), revisions to Utah's Rule R307-110-31, that incorporates
revisions to ``Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability,'' and revisions to
Utah's Rule R307-110-34, that incorporates revisions to ``Section X,
Vehicle Inspection and Maintenance Program, Part D, Utah County.'' We
are also approving Utah's Rules R307-302-3 and -4, ``No Burn Periods
for Carbon Monoxide'' and ``Violations,'' respectively, to restrict
woodburning in Utah County, and we're approving the elimination of
Utah's Rule R307-301, ``Oxygenated Gasoline Program,'' from the
Federally-approved SIP.
III. What is the State's process to submit these materials to EPA?
The CAA requires States to observe certain procedural requirements
in developing SIP revisions. 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.
A. On February 19, 2004, the Utah Air Quality Board (UAQB) held a
public hearing on the Provo year 2000 attainment demonstration and plan
for the CO NAAQS, the request to redesignate the Provo area to
attainment for the CO NAAQS, the maintenance plan, the MVEBs for 2014
and 2015, and the revisions to Utah's Rule R307-110-12, Utah's Rule
R307-110-31, and Utah's Rule R307-110-34. The UAQB adopted these SIP
revisions on March 31, 2004, they became State effective on May 18,
2004, and the Governor submitted them to us on April 1, 2004.
We evaluated the Governor's submittal and concluded that the State
met the requirements for reasonable notice and public hearing under
section 110(a)(2) of the CAA. Pursuant to section 110(k)(1)(B) of the
CAA, we reviewed these SIP materials for conformance with the
completeness criteria in 40 CFR part 51, Appendix V and determined that
the Governor's April 1, 2004, submittal was administratively and
technically complete. We sent our completeness determination on July 2,
2004, in a letter from Robert E. Roberts, Regional Administrator, to
Governor Olene Walker.
B. On June 23, 1998, the UAQB held a public hearing for the
revisions to Utah's Rules R307-302-3 and 4, to restrict woodburning in
Utah County. The UAQB adopted these SIP revisions on August 13, 1998,
they became State effective on September 15, 1998, and the Governor
submitted them to us on September 20, 1999.
We evaluated the Governor's submittal of Utah's Rules R307-302-3
and -4, and determined that the State met the requirements for
reasonable notice and public hearing under section 110(a)(2) of the
CAA. By operation of law under the provisions of section 110(k)(1)(B)
of the CAA, the Governor's September 20, 1999, submittal was deemed
complete on March 20, 2000.
IV. Brief History of the Provo Area and the CO NAAQS
The Provo area was first designated nonattainment for the CO NAAQS
on March 3, 1978 (43 FR 8964.) This designation was assigned by EPA
pursuant to the requirements of the 1977 amendments to the Clean Air
Act (CAA). On November 15, 1990, the Clean Air Act Amendments of 1990
were enacted (Pub. L. 101-549, 104 Stat.
[[Page 66267]]
2399, codified at 42 U.S.C. 7401-7671q). In response to Clean Air Act
Amendments of 1990, we designated the Provo area as nonattainment for
CO under section 107(d)(1)(C) of the CAA, because the area had been
designated as nonattainment before November 15, 1990. The Provo area
was classified as a ``moderate'' CO nonattainment area with a design
value greater than 12.7 parts per million (ppm). See 56 FR 56694,
November 6, 1991. CO nonattainment areas classified as ``moderate''
were expected to attain the CO NAAQS as expeditiously as practical, but
no later than December 31, 1995. Further information regarding this
classification and the accompanying requirements are described in
section 187 of the CAA and 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.
The provisions of section 187 of the CAA applicable to areas
classified as ``moderate'' with a design value greater than 12.7 ppm,
such as the Provo area, required that a SIP revision be submitted to
EPA by November 15, 1992 that included: (1) A 1990 base year emission
inventory, (2) a vehicle miles traveled (VMT) forecast, (3) contingency
provisions that would go into place if the VMT forecast was exceeded or
if the area failed to attain the CO NAAQS by December 31, 1995, (4) a
motor vehicle inspection and maintenance (I/M) program, (5) periodic
emission inventories beginning in September, 1995, continuing until the
area is redesignated to attainment, and, (6) an attainment
demonstration. In addition, section 211(m) of the CAA also required the
implementation of an oxygenated fuels program. With respect to the
oxygenated fuels requirement, section 211(m)(2)(B) of the CAA set the
Federally-required oxygenate level at 2.7% oxygen by weight.
On July 11, 1994, the Governor submitted a revision to the Utah SIP
(hereafter, July 11, 1994 submittal) that included a CO attainment
demonstration, plan, and several other SIP revisions applicable to the
Provo area. Among other provisions, the attainment plan relied on an
enhanced motor vehicle inspection and maintenance (I/M) program, that
was to be implemented by January 1, 1996, and the 2.7% oxygenated
gasoline program. However, the commitment to implement an enhanced I/M
program was not definite. Due to several technical and legal issues
with the attainment demonstration (notably the State's failure to
implement the enhanced I/M program and miscalculation of credit for
woodburning emission reductions), EPA never took action on the July 11,
1994 submittal's attainment demonstration, enhanced I/M program,
contingency measures, VMT forecasting provisions, or woodburning
requirements (Utah's Rule R307-1-4.12.)
Over time, however, we did approve certain SIP revisions or
materials relevant to the Provo area. These were the 1990 base year
emission inventory (see 60 FR 33745, June 29, 1995) the 1993 periodic
emission inventory (see 63 FR 18122, April 14, 1998) the 1996 periodic
emission inventory (see 65 FR 63546, October 24, 2000) revisions to the
State's rule R307-8 \1\ ``Oxygenated Gasoline Program'' for the
implementation of a 2.7% program (59 FR 55585, November 8, 1994) the
3.1% oxygen by weight gasoline program for Utah County (66 FR 14078,
March 9, 2001) the improved basic I/M program for Utah County that was
designed to satisfy the applicable requirements of both the CAA and
section 348 of the National Highway Safety Designation Act (NHSDA) of
1995 (interim final approval 62 FR 31349, June 9, 1997; final approval
67 FR 57744, September 12, 2002), and the determination of attainment
of the CO NAAQS for the Provo area along with the change from a 3.1% to
a 2.7% by weight oxygenated gasoline program (67 FR 59165, September
20, 2002).
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\1\ In 1998, the State re-numbered rule R307-8 ``Oxygenated
Gasoline Program'' as R307-301 and changed the title to ``Utah and
Weber Counties: Oxygenated Gasoline Program.''
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Additional historical information is also provided in section
IX.C.6.a of the Provo CO Plan.
V. The Provo Area's Attainment/Maintenance Plan (Provo CO Plan):
Contents
As noted above, the Provo CO Plan contains both an attainment plan
and a maintenance plan and is divided into six sections: an
introduction section (IX.C.6.a), a CO monitoring section (IX.C.6.b),
the attainment plan section with the attainment demonstration
(IX.C.6.c), the maintenance plan section (IX.C.6.d), the maintenance
demonstration (IX.C.6.e), and a section addressing transportation
conformity (IX.C.6.f). We have reviewed the Provo CO Plan with respect
to the relevant requirements of sections 107, 110, 175A, 176, 187, and
211 of the CAA and EPA policy and guidance and believe that approval of
the Provo CO Plan is warranted. Below are our descriptions and analysis
of how the Provo CO Plan meets the necessary provisions referenced
above.
VI. EPA's Evaluation of the Introduction and Monitoring Sections of the
Provo CO Plan
A. Introduction Section (IX.C.6.a)
This section of the Provo CO Plan provides a discussion of the CO
NAAQS, the Provo area's geographic setting and basic demographic
information, and a brief history of the Provo designation history
similar to that provided in our section IV above.
B. CO Monitoring Network Section (IX.C.6.b)
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 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.
As described in section IX.C.6.b, the Provo CO Plan is based on an
analysis of quality assured ambient air quality monitoring data that
are relevant to the attainment demonstration and the maintenance
demonstration. As presented in section IX.C.6.b of the Provo CO plan,
ambient air quality monitoring data for calendar years 1994 through
2003 show a measured exceedance rate of the CO NAAQS of 1.0 or less per
year, per monitor, in the Provo nonattainment area. Further, we have
reviewed ambient air quality data from 2004 and the first calendar
quarter of 2005 and the Provo area shows continuous attainment of the
CO NAAQS from 1994 to present.
All of the data discussed above 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 Air Quality System (AQS)
national database.
[[Page 66268]]
VII. EPA's Evaluation of the Clean Air Act Requirements Relevant to the
Provo Area
Section IX.C.6.c.1 of the Provo CO Plan includes Table 3 which
presents certain requirements that the State has referenced from
sections 172 and 187 of the CAA for a ``moderate'' CO nonattainment
area with a design value greater than 12.7 ppm. Our evaluation of how
the Provo area met the relevant CAA requirements is as follows:
A. Base year emission inventory. The State submitted a 1990 base
year CO emissions inventory for the Provo area on July 11, 1994 which
met the requirements of sections 172(c)(3) and 187(a)(1) of the CAA. We
approved this inventory on June 29, 1995 (60 FR 33745). The Governor's
April 1, 2004 submittal contains a new base year emission inventory for
the year 2000 that we are approving with this action. A further
description of this inventory is provided below in section IX.
B. Vehicle Miles Traveled (VMT). Section 187(a)(2)(A) of the CAA
requires a forecast of VMT in the nonattainment area for each year
before the year in which the plan projects the NAAQS for CO to be
attained in the area. The July 11, 1994 submittal projected attainment
of the CO NAAQS by December 31, 1995 and the State met this CAA
requirement with its submittal of projected VMT, for 1994, 1995, and
1996, in a letter dated March 28, 1995. As noted earlier, we determined
the Provo area attained the CO NAAQS by December 31, 1995, in our
action of September 20, 2002 (67 FR 59165).
C. Contingency provisions. Section 187(a)(3) requires the submittal
of measures to be implemented in the event that the forecasted VMT,
required by CAA section 187(a)(2)(A), is exceeded or the area does not
attain the CO NAAQS by the applicable attainment date, which in this
case was December 31, 1995. In the event these contingency provisions
are triggered, they are to be implemented without any further action by
the State. With the July 11, 1994 submittal, the State adopted as a
contingency measure an increase in the oxygen content of gasoline, for
the Provo area, from 2.7% by weight to 3.1% by weight. The State's
oxygenated gasoline rule stated that the 3.1% by weight program would
be triggered by either the actual VMT exceeding the forecasted VMT or
if an enhanced I/M program was not implemented by January 1, 1996. In
actuality, both conditions arose; the State did not implement an
enhanced I/M program in the Provo area by January 1, 1996 (or for that
matter, at all) and the Provo area exceeded the forecasted VMT levels.
Based on the above, the Provo area began a 3.1% by weight program in
1996. However, as we noted earlier, the Provo area attained the CO
NAAQS by December 31, 1995 with only the benefit of a 2.7% program (see
67 FR 59165, September 20, 2002).
Generally, EPA does not insist on CAA section 187(a)(3) contingency
measures for an area being redesignated to attainment. See 57 FR 13564,
April 16, 1992. This is because the area must have already attained the
standard to be redesignated, and section 175A of the Act requires that
the maintenance plan have its own set of contingency measures.
D. Basic I/M. Section 187(a)(4) of the CAA includes a ``Savings
Clause for Vehicle Inspection and Maintenance Provisions of the State
Implementation Plan.'' The reference in this section of the CAA relates
back to section 182(a)(2)(B) which essentially directs States to the
implementation of a two-speed idle check Basic I/M program that is at
least as effective as the Federal Basic I/M performance standard as
specified in 40 CFR 51.352. The State met this CAA obligation by
submitting an improved I/M program revision, on March 15, 1996, that
addressed both the requirements of the CAA and the National Highway
System Designation Act (NHSDA) of 1995. As noted in our 2002 final rule
approval for this program (67 FR 5774, September 12, 2002), Utah
County's improved vehicle I/M program exceeds the Federal Basic I/M
performance standard established in 40 CFR 51, subpart S (``Inspection/
Maintenance Program Requirements for CO non-attainment areas.'') We
gave interim final approval of this I/M program SIP revision on June 9,
1997 (62 FR 31349) and final approval on September 12, 2002 (67 FR
5774).
E. Periodic inventory. Section 187(a)(5) requires the submittal of
a periodic emission inventory, for the nonattainment area, every three
years until the area is redesignated to attainment. The State submitted
a 1993 periodic CO emission inventory for the Provo area on November
12, 1997. We approved the 1993 periodic inventory on April 14, 1998 (63
FR 18122). The State submitted a 1996 periodic CO emission inventory
for the Provo area on June 14, 1999. We approved the 1996 periodic CO
emission inventory on October 24, 2000 (65 FR 63546). The Governor's
April 1, 2004 SIP submittal included a CO emission inventory for 2000
as a component of the year 2000 attainment demonstration. We consider
this inventory sufficient to address the 1999 periodic inventory
requirement.
F. Enhanced Vehicle Inspection and Maintenance. Section 187(a)(6)
of the CAA requires ``moderate'' CO nonattainment areas to implement an
enhanced I/M program as is provided in section 182(c)(3) of the CAA.
The provisions of section 182(c)(3), however, only apply to
nonattainment areas located in urbanized areas with a 1980 census of
200,000 or more. Because the 1980 census for the Provo (and Orem)
urbanized area was 169,699, an enhanced I/M program was not required
for the Provo area.
G. Attainment Demonstration and Specific Annual Emission
Reductions. Section 187(a)(7) of the CAA requires ``moderate'' CO
nonattainment areas to submit ``* * * a demonstration that the plan as
revised will provide, for attainment of the carbon monoxide NAAQS by
the applicable attainment date and provisions for such specific annual
emission reductions as are necessary to attain the standard by that
date.'' To address this CAA requirement, the Governor's July 11, 1994
submittal contained an attainment demonstration that was based on
dispersion modeling using the Urban Airshed Model (UAM) and the CAL3QHC
intersection ``hotspot'' model. As we noted in section IV above, the
July 11, 1994 submittal's attainment plan was not Federally-approvable
due to both legal and technical issues. However, to address this
outstanding CAA requirement, on April 1, 2004, the Governor submitted a
new attainment plan that demonstrates attainment in the year 2000. This
new attainment plan is described in sections VIII and IX below. Its
attainment demonstration is based on UAM-AERO and CAL3QHC-R modeling.
H. Oxygenated fuels. Section 211(m) of the CAA requires the
implementation of an oxygenated gasoline program in any CO area
designated as nonattainment and with a design value of 9.5 ppm or
greater. As this CAA requirement applied to the Provo area, the State
submitted a SIP revision on November 9, 1992 for the implementation of
an oxygenated gasoline program in the Provo area. We approved this SIP
revision on November 8, 1994 (59 FR 55585). In addition, we also
approved revisions to the State's oxygenated gasoline program that
involved several definition changes, average and maximum oxygen
content, and recordkeeping, with our action of March 9, 2001 (66 FR
14078). We approved the most recent revisions on September 20, 2002 (67
FR 59165).
[[Page 66269]]
VIII. EPA's Evaluation of the Provo Area's 2000 Attainment
Demonstration and Maintenance Plan Modeling
Section IX.C.6.c and section IX.c.6.e of the Provo CO Plan along
with Volume 12, Section 4 of the State's TSD contain thorough
descriptions of the attainment demonstration and maintenance plan
dispersion modeling. Major components of these activities are briefly
described below.
A. Dispersion Modeling
1. Model Approach Selected. The State selected the EPA-approved
photochemical model Urban Airshed Model with Aerosol (UAM-AERO)
chemistry to estimate the background CO concentrations for the modeling
domain. Meteorological fields for input into the UAM-AERO model were
produced with the Diagnostic Wind Model (DWM). Emissions data were
processed with the Sparse Matrix Operator Kernel Emissions (SMOKE)
modeling system. The UAM-AERO dispersion modeling for carbon monoxide
was performed in accordance with EPA's June, 1992 modeling guidance
entitled ``Guideline for Regulatory Application of the Urban Airshed
Model for Areawide Carbon Monoxide.'' To evaluate the impacts at high
volume/congested intersections, the State used the CAL3QHC-R model. The
incremental CO concentration impact results from the application of the
CAL3QHC-R model (a more thorough discussion of the CAL3QHC-R model is
included in section 4.a.5 of Volume 12 of the State's TSD) were then
added to the UAM-AERO background concentration for a total predicted CO
concentration at a selected intersection. The above modeling effort was
performed by the State in accordance with the State's modeling
protocol, that was approved by EPA, which is located in Volume 12,
section 4.b.i of the State's TSD.
2. Modeling Domain. Section 4.a.3.2 of Volume 12, of the State's
TSD discusses the UAM-AERO modeling domain. The domain covers portions
of 13 counties in northern Utah and is 134 kilometers (km) east to west
by 226 km north to south. This is the same modeling domain that was
developed by the State for the UAM-AERO application for the development
of the Utah PM10 SIP revision. The State determined that
using the same modeling domain for both SIP revisions was a simpler
task rather than developing a smaller, specific domain for the CO
modeling for the Provo area. EPA agreed with this approach after our
review of the State's modeling protocol which is included in section
4.b.i of Volume 12 of the State's TSD. For both the SMOKE emissions
preprocessor and UAM-AERO, the modeling resolution was at a 2 km by 2km
grid. A more in-depth discussion of the modeling domain is located in
Section 4.a.3.2 of Volume 12, of the State's TSD.
3. Episode Selection. Initially, the State evaluated six episodes
from 1990 to 2001. As explained in the modeling protocol, in section
4.b.i of Volume 12 of the State's TSD, and in section 4.a.2 of Volume
12 of the State's TSD, two CO episodes were selected that met the
overall requirements for necessary meteorological data, recent emission
inventory data, and our modeling guidance. These episodes were January
12th to January 15th of 2000 and January 6th to January 9th of 2001.
Additional discussion on episode selection can be found in sections
4.a.2 and 4.b.i of Volume 12 of the State's TSD.
4. Modeling Emission Inventories. The State prepared modeling
emission inventories for the 2000 and 2001 episodes and for the
maintenance demonstration years of 2005, 2006, 2008, 2011, 2014, and
2015 \2\. Emission totals by category for each of these years are
presented in sections IX.C.6.c.(3), IX.C.6.e.(1) Table 12, and
IX.C.6.e.(2) Table 13 of the Provo CO Plan and in Table VIII-1 below.
---------------------------------------------------------------------------
\2\ The State also prepared and modeled emission inventories for
2004 (to consider the elimination of the oxygenated gasoline
program) and 2007 (at the specific request of Mountainland
Association of Governments.)
Table VIII-1.--Specific CO Emission Inventories for the Provo Area of the Modeling Domain
[All in tons per day of CO]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source category 2000 2001 2005 2006 2008 2011 2014 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources................................................... 0.03 0.03 0.04 0.04 0.04 0.04 0.05 0.05
Area Sources.................................................... 1.28 1.28 1.18 1.17 1.10 1.03 0.97 0.96
On-road Mobile Sources.......................................... 59.44 65.38 70.44 72.10 59.69 55.75 52.88 52.46
Non-road Sources................................................ 3.05 3.05 3.05 3.03 2.97 2.90 2.86 2.87
------------
Totals...................................................... 63.80 69.74 74.71 76.34 63.80 59.72 56.76 56.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Our review of the 2000 episode and 2000 attainment demonstration
modeling shows that it should be approved. We have also reviewed the
2001 episode modeling and the maintenance demonstration modeling (for
2005, 2006, 2008, 2011, 2014, and 2015) and have concluded this
modeling should also be approved. The State has adopted acceptable
control strategies and has performed modeling that meets our modeling
guidance requirements for the CO NAAQS. Modeling based on adopted and
existing control measures demonstrates attainment of the CO NAAQS in
2000 and maintenance through 2015. Our evaluation of the 2000
attainment plan appears in section IX below and our evaluation of the
maintenance demonstration appears in section X below.
IX. EPA's Evaluation of the Provo Area's 2000 Attainment Demonstration
and Plan
The State's 2000 attainment plan for the Provo area is based on
relevant data for the calendar year 2000; specifically for a winter-
time episode. The monitoring data and episode selection are described
further above in section VIII and in Volume 12, Section 4.b.ii of the
State's TSD. Components of the attainment plan discussed here involve
the base case emission inventory for 2000, the control measures in
place in 2000, and the results of the attainment demonstration episode
modeling.
A. Base Case Emission Inventory for 2000
As described in section IX.C.6.c.(3) of the Provo CO Plan, the
State prepared a winter-time episode CO emission inventory that would
serve both the purpose of a base case inventory for the 2000 attainment
plan and as the attainment year inventory for the maintenance plan. The
State used demographic data that was provided by
[[Page 66270]]
the metropolitan planning organization (MPO): the Mountainland
Association of Governments (MAG). MAG provided the necessary
demographic data, the applicable transportation data, and prepared the
on-road mobile sources portion of the inventory. This information and
associated analyses are provided in Volume 10, Section 3.b.i of the
State's TSD. Area source emissions and non-road source emissions are
discussed in Volume 10 and Volume 11 of the State's TSD. Section
IX.C.6.c.(3)(a) of the Provo CO Plan states there are no major point
sources of CO within the Provo City limits (the non-major point source
CO emissions were included with the area sources). The State notes that
with the development of the 1994 SIP submittal, two major point sources
of CO emissions existed in Utah County, but outside the Provo City
municipal boundary. With the development of the 1994 SIP submittal, the
State performed an analysis that indicated these two major point
sources did not have a significant impact on the Provo nonattainment
area. This particular analysis is further described in Volume 1,
Section 2 of the State's TSD. The State indicates in section
IX.C.6.c.(3)(a) that emissions from these two major point sources were
input into the UAM-AERO modeling domain and that the intersection
modeling analyses with CAL3QHC-R were paired in time and space with the
output from UAM-AERO.
The 2000 base-year episode inventory is presented in section
IX.C.6.c(3) ``Table 4. 2000 Provo Attainment-Episode Inventory'' of the
Provo CO Plan and the emissions are: Point sources = 0.03 tons per day
(tpd) of CO, Area sources = 1.28 tpd of CO, Non-road = 3.05 tpd of CO,
On-road mobile = 59.44 tpd of CO. The total is 63.80 tpd of CO.
B. Control Strategies To Attain the CO NAAQS
The 2000 base case inventory accounts for control measures that
were in place for the Provo area at that time. These State control
measures, that are described below and in section IX.C.6.c.(4)(c) of
the Provo CO Plan, were: (1) Oxygenated gasoline, (2) motor vehicle I/
M, and (3) residential woodburning controls. These State control
measures were in addition to the Federally-mandated regulations for
motor vehicle exhaust (or tailpipe) emissions and the Federally-
mandated regulations for exhaust emissions from non-road engines.
1. Oxygenated Gasoline Program. As described in section
IX.C.6.c.(4)(c)(i) of the Provo CO Plan, the oxygenated gasoline
program for 2000 involved a winter season control period of November
through February, with a minimum requirement for 3.1% by weight oxygen
content for gasoline sold in Utah County.
2. Gasoline Vehicle Emissions Inspection and Maintenance (I/M)
Program. As described in section IX.C.6.c.(4)(c)(ii) of the Provo CO
Plan, model year 1968 through 1995 cars and trucks fueled with
gasoline, propane, or natural gas, owned by residents of Utah County,
including the Provo area, were subject to an annual two-speed idle test
program. Vehicles of model year 1996 and newer underwent an On-Board
Diagnostics (OBD) inspection. The I/M program was primarily a de-
centralized test-and-repair program. We gave interim final approval to
this I/M program on June 9, 1997 (62 FR 31349). Based on the NHSDA, we
determined that Utah County's I/M program was equivalent to a test-only
program with our final approval on September 12, 2002 (67 FR 57744).
3. Residential Wood-burning Controls. As described in section
IX.C.6.c.(4)(c)(iii) of the Provo CO Plan, the State initiated controls
on residential woodburning stoves and fireplaces with the adoption of
Rule R307-1-4.12, which was included with the July 11, 1994 submittal.
Further information on this particular rule (now re-numbered R307-302-3
and -4) is provided in section XIV below and in Volume 1, Section 2 of
the State's TSD. The rule provided for a ``Red'' status, or mandatory
no-burn, when ambient CO concentrations reached 6.0 ppm and the
forecasted meteorological conditions were such that carbon monoxide
levels might continue to increase.
C. Attainment Demonstration Episode Modeling for 2000
As described in section IX.C.6.c.(4) of the Provo CO Plan, the
attainment demonstration modeling for 2000 was performed using UAM-AERO
dispersion model along with the CAL3QHC-R intersection model. The
modeling was performed according to the Modeling Protocol, which is
contained in Volume 12, Section 4.b.i of the State's TSD.
1. Modeling Analysis. In section IX.C.6.c.(4)(a) of the Provo CO
Plan, the State indicates that the technical evaluation of the CO
concentrations in the Provo area was completed in 1994 and concluded
that the CO problem was occurring primarily at one intersection on
University Avenue in Provo (see Volume 1, Section 2 of the State's
TSD.) The 1994 analysis also considered the potential influence of two
large point sources of CO (Geneva Steel and Pacific States Cast Iron
Pipe), but concluded that intersections in the Provo area were not
being significantly affected by emissions from these sources. The State
also states that detailed meteorological analysis of both the
observation record and prognostic modeling (for use with UAM-AERO)
showed that specific meteorological conditions accompanied the elevated
CO concentrations. The State indicates that analysis of the CO ambient
air quality monitoring database for the Provo area, along with the
meteorological record over the last decade, essentially reaches the
same conclusions as the original 1994 analysis: the elevated CO
concentrations at specific intersections are locally produced by
traffic and not influenced by emissions from point sources. We note
that Section 2 of the Episode Selection Document (Volume 12, Section
4.b.ii of the State's TSD) describes in detail the analysis used to
select the episode for the year 2000 attainment demonstration.
2. Episode Modeling and Attainment Demonstration for 2000. Volume
12, Section 4.a, ``UAM-CAL3QHC Modeling'' of the State's TSD describes
in detail the use of the UAM-AERO dispersion model to generate the
background, gridded CO values. This section of the TSD also describes
the use of the CAL3QHC-R intersection model to calculate the
contribution of CO emissions from automobiles at particular
intersections. The predicted CO concentrations from these two models
are summed to derive an estimate of the total CO concentrations that
can be expected at specific intersections.
As required by us, the State evaluated the three intersections with
the highest VMT counts and the three intersections with the lowest
Level Of Service (LOS) in the Provo area. These intersections are: (1)
University Avenue and University Parkway, (2) 1230 North (West Bulldog
Boulevard) and University Avenue, (3) 1230 North (West Bulldog
Boulevard) and 500 West (State Street), (4) 500 West and Center Street,
and (5) 500 North and University Avenue with University Avenue and
Center Street. The last entry is actually two intersections--these two
intersections are the nearest major intersections to the ambient CO air
quality monitor located at 363 North University Avenue. These
intersections and the modeling results are presented in Table 5 in the
Provo CO Plan and in Table IX-1 below.
The State modeled the 2000 episode with control strategies that
were in
[[Page 66271]]
place at that time. Results of the modeling are presented in Table 5 of
the Provo CO Plan and in our Table IX-1 below and indicate there were
no modeled exceedances of the CO NAAQS (values are less than 9.0 ppm)
at the specified intersections. The State also states in section
IX.C.6.c.(4)(a) of the Provo CO Plan that there were no modeled
exceedances of the CO NAAQS throughout the modeling domain. Therefore,
the State has satisfactorily demonstrated attainment of the CO NAAQS
for 2000 for the Provo area. Additional information about the 2000
episode modeling is provided in section VIII above and in Volume 12,
Section 4.b.i of the State's TSD.
Table IX-1.--2000 Episode Predicted 8-Hour CO Concentrations
------------------------------------------------------------------------
Concentration in
Intersection location ppm (UAM &
CAL3QHC-R)
------------------------------------------------------------------------
University Ave. & University Parkway................. 8.3
1230 North & University Ave.......................... 7.1
1230 North & 500 West................................ 7.7
500 West & Center St................................. 8.5
500 North & University Ave. & Center St.............. 8.6
------------------------------------------------------------------------
X. EPA's Evaluation of the Provo Area's Redesignation Request and
Maintenance Plan
We have reviewed the Provo area's redesignation request and
maintenance plan (section IX.C.6.d of the Provo CO Plan) and believe
that approval of the request is warranted, consistent with the
requirements of CAA section 107(d)(3)(E). Under the CAA, we can change
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.
Before we can approve the redesignation request, we must decide
that all applicable SIP elements have been fully approved. Approval of
the applicable SIP elements may occur simultaneously with final
approval of the redesignation request. That's why we are also approving
the 2000 attainment demonstration and plan, and the revisions to Utah's
Rule R307-110-12, Rule R307-110-31, Rule R307-110-34, and R307-1-4.12
(now re-numbered R307-302-3 and -4). The following are descriptions of
how the section 107(d)(3)(E) requirements are being addressed.
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 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. As
stated above in section VI and as described in section IX.C.6.b of the
Provo CO Plan, ambient air quality monitoring data for calendar years
1994 through 2003 show a measured exceedance rate of the CO NAAQS of
1.0 or less per year, per monitor, in the Provo nonattainment area.
Further, we have reviewed ambient air quality data from 2004 and the
first calendar quarter of 2005 and the Provo area shows continuous
attainment of the CO NAAQS from 1994 to present. All of the data
discussed above 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 our Air Quality System (AQS) national database. Therefore, we
believe the Provo area has met the first component for redesignation:
demonstration of attainment of the CO NAAQS. We note that the State of
Utah has also 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 applied to the subject area prior to or at the time
of 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 date of submission of a complete
redesignation request.
1. CAA Section 110 Requirements
On August 15, 1984, we approved revisions to Utah's SIP as meeting
the requirements of section 110(a)(2) of the CAA (see 45 FR 32575).
Although section 110 of the CAA was amended in 1990, most of the
changes were not substantial. Thus, we have determined that the SIP
revisions approved in 1984 continue to satisfy the requirements of
section 110(a)(2). In addition, we have analyzed the SIP elements we
are approving as part of this action, and we have determined they
comply with the relevant requirements of section 110(a)(2).
[[Page 66272]]
2. Part D Requirements
Before the Provo ``moderate'' 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. Subpart 3 of part D contains specific provisions for
``moderate'' CO nonattainment areas.
The relevant subpart 1 requirements are contained in sections
172(c) and 176. Our General Preamble (see 57 FR 13529, 13533, April 16,
1992) provides EPA's interpretations of the CAA requirements for
``moderate'' CO areas.
The General Preamble (see 57 FR 13530, et seq.) provides that the
applicable requirements of CAA section 172 are 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
172(c)(9) (contingency measures). It is also worth noting that we
interpreted the requirements of sections 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, 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.
Regarding the requirements of sections 172(c)(3) (inventory) and
172(c)(9) (contingency measures) and how the Provo area met these
requirements, please refer to our discussions above in section VII. A.,
``Base year inventory,'' concerning section 187(a)(1) of the CAA, and
section VII. C., ``Contingency provisions,'' concerning section
187(a)(3) of the CAA, which are provisions of subpart 3 of Part D of
the CAA that establish the same requirements as sections 172(c)(3) and
172(c)(9).
For the section 172(c)(5) New Source Review (NSR) requirements, 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 Utah has a fully-approved NSR program
(60 FR 22277, May 5, 1995.) The State also has a fully approved
Prevention of Significant Deterioration (PSD) program (56 FR 29436,
June 27, 1991) that will apply, instead of nonattainment NSR, if we
approve the redesignation to attainment.
For the CAA section 172(c)(7) provisions (compliance with the CAA
section 110(a)(2) Air Quality Monitoring Requirements), our
interpretations are presented in the General Preamble (57 FR 13535). CO
nonattainment areas are to meet the ``applicable'' air quality
monitoring requirements of section 110(a)(2) of the CAA. We have
determined that the Provo area has met the applicable air quality
monitoring requirements of section 110(a)(2) of the CAA. See our
descriptions in section VI above.
Section 176 of the CAA contains requirements related to conformity.
Although EPA's regulations (see 40 CFR 51.390) 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 relevant Subpart 3 provisions were created when the CAA was
amended on November 15, 1990. The new CAA requirements for ``moderate''
CO areas, such as Provo, required that the SIP be revised to include a
1990 base year emissions inventory (CAA section 187(a)(1)), vehicle
miles traveled tracking (CAA section 187(a)(2)(A)), contingency
provisions (CAA section 187(a)(3)), corrections to existing motor
vehicle inspection and maintenance (I/M) programs (CAA section
187(a)(4)), periodic emission inventories (CAA section 187(a)(5)),
enhanced motor vehicle I/M program (CAA section 187(a)(6)), and a
modeled attainment demonstration with specific annual emissions
reductions (CAA section 187(a)(7)). Title II, Part A of the CAA also
requires the implementation of an oxygenated fuels program (CAA section
211(m)(1)).
These CAA Subpart 3 provisions have been met for the Provo area.
Our discussions appear earlier in this action. Please refer to the
sections of our action listed as follows for the appropriate
discussion: (a) 1990 base year emissions inventory requirement of
section 187(a)(1) of the CAA, see section VII.A., (b) vehicle miles
traveled tracking requirement of section 187(a)(2)(A) of the CAA, see
section VII.B, (c) contingency provisions of section 187(a)(3) of the
CAA, see section VII.C, (d) corrections to existing motor vehicle
inspection and maintenance (I/M) programs as required by section
187(a)(4) of the CAA, see section VII.D, (e) periodic emission
inventory requirement of section 187(a)(5) of the CAA, see section
VII.E, (f) enhanced motor vehicle I/M program requirement of section
187(a)(6) of the CAA, see section VII.F, and (g) the requirement of
section 187(a)(7) of the CAA for a modeled attainment demonstration
with specific annual emissions reductions, see section VII.G. Regarding
the CAA Title II, Part A requirement for the implementation of an
oxygenated fuels program to meet the requirements of section 211(m)(1)
of the CAA, see section VII.H.
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 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).
As noted above, EPA previously approved (or sufficiently explained
otherwise) SIP revisions based on the pre-1990 CAA as well as SIP
revisions required under the 1990 amendments to the CAA. In this
action, EPA is approving the Provo area's 2000 attainment demonstration
and plan, the revisions to Rule R307-110-12, the revisions to Rule
R307-110-31, the revisions to Rule R307-110-34, Rules R307-302-3 and -
4, and the request to eliminate the Federal applicability of Rule R307-
301. Thus, with our final approval of these SIP revisions, we will have
fully approved the Provo area's CO element of the 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
[[Page 66273]]
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 the Provo area, that are further
described in section IX.C.6.c(4)(c) ``Control Strategies to Attain the
NAAQS'' of the attainment plan, were achieved primarily through the
State's basic I/M program, improved I/M program, woodburning controls,
oxygenated gasoline program, and the Federal Motor Vehicle Control
Program (FMVCP).
The four State control strategies listed above are fully discussed
in section VIII.B above. Regarding FMVCP, these are Federal provisions
that 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 Provo.
We have evaluated the various State and Federal control measures,
the original 1990 base year emission inventory (60 FR 33745, June 29,
1995), the 1993 periodic emission inventory (63 FR 18122, April 14,
1998), the 1996 periodic emission inventory (65 FR 63546, October 24,
2000), and the 2000 attainment year inventory provided with the State's
April 1, 2004 submittal and have concluded that the improvement in air
quality in the Provo nonattainment area has resulted from emission
reductions that are permanent and enforceable.
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 Provo nonattainment area because we have determined, as
detailed below, that the State's maintenance plan 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 April 1, 2004,
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 (see 57 FR
13498, April 16, 1992) and the September 4, 1992, Calcagni 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. However, under the CAA, many areas (such as
Provo) were required to submit a modeled attainment demonstration to
show that reductions in emissions would be sufficient to attain the
applicable NAAQS. For these areas, the maintenance demonstration is to
be based on the same level of modeling (see the September 4, 1992,
Calcagni Memorandum). As noted above in section IX, for the Provo area,
this involved the use of UAM-AERO in conjunction with intersection
modeling using the CAL3QHC-R model.
The maintenance plan that the Governor submitted on April 1, 2004,
included comprehensive inventories of CO emissions for the Provo area.
These inventories include emissions from stationary point sources, area
sources, non-road mobile sources, and on-road mobile sources. The State
used the 2000 attainment year inventory and included interim-year
projections with a final maintenance year of 2015. More detailed
descriptions of the 2000 attainment year inventory and the projected
inventories are documented in the maintenance plan in section IX.C.6.e.
and in Volumes 9, 10, 11, and 12 of 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 2000 attainment year and the projected years are provided in Table
X-1 below.
Table X-1.--CO Emission Inventories for the Provo Area Portion of the Modeling Domain
[All in tons per day of CO]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source category 2000 2001 2005 2006 2008 2011 2014 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources................................................... 0.03 0.03 0.04 0.04 0.04 0.04 0.05 0.05
Area Sources.................................................... 1.28 1.28 1.18 1.17 1.10 1.03 0.97 0.96
On-road Mobile Sources.......................................... 59.44 65.38 70.44 72.10 59.69 55.75 52.88 52.46
Non-road Sources................................................ 3.05 3.05 3.05 3.03 2.97 2.90 2.86 2.87
------------
Totals...................................................... 63.80 69.74 74.71 76.34 63.80 59.72 56.76 56.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 66274]]
2. Demonstration of Maintenance
The September 4, 1992, Calcagni Memorandum states that where
modeling was relied on to demonstrate maintenance, the plan is to
contain a summary of the air quality concentrations expected to result
from the application of the control strategies. Also, the plan is to
identify and describe the dispersion model or other air quality model
used to project ambient concentrations.
For the Provo CO maintenance demonstration, the State used UAM-AERO
in conjunction with concentrations derived from the CAL3QHC-R
intersection model. This was the same level of modeling the State used
for the 2000 Provo CO SIP attainment demonstration, discussed in
section IX.C.6.c of the Provo CO Plan and in section IX above, to meet
the requirements of section 187(a)(7) of the CAA. The UAM-AERO and
CAL3QHC-R models were applied to both the 2000 and 2001 episodes and
were used to predict concentrations in 2000, 2001, 2005, 2006, 2008,
2011, 2014, and 2015 for the intersections identified for the 2000
attainment demonstration (see section IX.C.6.c of the Provo CO Plan and
section IX above.) This modeling effort was performed consistently with
our modeling guidance.
The results of the State's modeling for the 2000 and 2001 episodes
and projections for 2004, 2005, 2006, 2007, 2008, 2011, 2014 and 2015
are presented in section IX.C.6.e.2 of the maintenance plan and in the
Volume 12 of the State's TSD, and are reproduced in Table X-2 and Table
X-3 below. We note that the State also modeled emissions for 2004 and
2007. The 2004 modeling was performed to confirm there would be no
adverse impacts from eliminating the oxygenated gasoline program in
that year and the 2007 modeling was performed at the specific request
of Mountainland Association of Governments (MAG), which is the
metropolitan planning organization (MPO) for the Provo area.
Table X-2.--2000 Episode and Projections, 8-Hour Maximum CO Concentrations in ppm
[UAM-AERO and CAL3QHC-R combined results]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intersection location 2000 2004 2005 2006 2007 2008 2011 2014 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
University Ave. & University Parkway................. 8.3 7.9 7.9 8.1 6.5 6.5 6.0 5.6 5.5
1230 North & University Ave.......................... 7.1 6.6 6.6 6.8 5.5 5.5 5.0 4.7 4.6
1230 North & 500 West................................ 7.7 7.2 7.2 7.3 5.9 5.9 5.4 5.0 4.9
500 West & Center St................................. 8.5 8.0 8.0 8.2 6.5 6.5 6.1 5.6 5.6
500 North & University Ave. & Center St.............. 8.6 8.4 8.3 8.5 6.9 6.9 6.3 5.9 5.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table X-3.--2001 Episode and Projections, 8-Hour Maximum CO Concentrations in ppm
[UAM-AERO and CAL3QHC-R combined results]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intersection location 2001 2004 2005 2006 2007 2008 2011 2014 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
University Ave. & University Parkway................. 7.5 8.7 8.7 7.3 5.8 5.8 5.4 4.9 4.9
1230 North & University Ave.......................... 6.7 5.8 5.8 5.8 4.7 4.7 4.3 4.0 3.9
1230 North & 500 West................................ 5.8 5.2 5.2 5.2 4.2 4.2 3.8 3.5 3.4
500 West & Center St................................. 8.3 8.2 8.1 8.2 6.7 6.7 6.1 5.7 5.7
500 North & University Ave. & Center St.............. 9.2 8.9 8.8 8.9 7.3 7.3 6.7 6.2 6.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
As presented in Table 15 of the Provo CO Plan, and our Table X-3
above, the 500 North and University Avenue and Center Street shows a
modeled exceedance of the 8-hour CO NAAQS (9.0 ppm) in 2001 (predicted
value of 9.2 ppm). The State notes in section IX.C.6.e.(2)(b) of the
Provo CO Plan that the highest actual monitored 8-hour CO value in 2001
was 7.5 ppm. The State also notes that this CO value was recorded at a
monitor that is only three blocks from this particular intersection.
The State concludes that, because the monitored data for 2001 indicate
no exceedances of the CO NAAQS for the Provo area and the modeled CO
values for all future years are less than the 8-hour CO NAAQS (9.0
ppm), maintenance of the CO NAAQS is demonstrated.
We consider the State's position to be reasonable regarding the 9.2
ppm value in 2001 and agree with the conclusion regarding the
maintenance demonstration as it begins in 2004. As additional support,
we note that an area is considered to be in attainment for the 8-hour
CO NAAQS when no more than one value above 9 ppm is recorded at any
single monitor in the same calendar year. Further, to account for
instrument uncertainties, data are rounded to the nearest 1 ppm before
comparison to the NAAQS. Thus, measured values up to 9.4 ppm are
rounded to 9 ppm and not considered to exceed the CO NAAQS.
Therefore, we accept the State's modeling results, which predict no
8-hour CO values above 9 ppm after 2001 for all projection years, as
evaluated with both the 2000 and 2001 episodes, and find that
maintenance of the CO NAAQS is satisfactorily demonstrated through
2015. Further information regarding the modeling strategy and results
is included in Volume 12, section 4.b.ii of the State's TSD.
3. Monitoring Network and Verification of Continued Attainment
Continued attainment of the CO NAAQS in the Provo area depends, in
part, on the State's efforts to track indicators throughout the
maintenance period. This requirement is met in section IX.C.6.e.(5) of
the Provo CO Plan. In section IX.C.6.e.(5)(a) the State commits to
track emission inventory data and compare that information to the
emission inventory data in the Provo CO Plan. In section
IX.C.6.e.(5)(b) commits to continue the operation of the CO monitors in
the Provo area and in section IX.C.6.e.(5)(c), to annually review this
monitoring network and make changes as appropriate.
Based on the above, we are approving these commitments as
satisfying the
[[Page 66275]]
relevant requirements and note that this approval will render the
State's commitments federally enforceable.
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 IX.C.6.e.(4)(a) of the Provo CO Plan, the
contingency measures for the Provo area will be triggered by a
violation of the CO NAAQS.
The State, in coordination with the UAQB, will initiate a process
to begin evaluating potential contingency measures no more than 30 days
after being notified that a violation of the CO NAAQS has occurred. The
State will present recommendations to the UAQB within 45 days of
notification. The UAQB will then hold a public hearing to consider the
contingency measures recommended by the State, along with any other
contingency measures that the UAQB believes may be appropriate to
effectively address the violation of the CO NAAQS. The necessary
contingency measures will be adopted and implemented before November 1
of the beginning of the next winter season.\3\
---------------------------------------------------------------------------
\3\ Section IX.C.6.e.(4)(b) of the maintenance plan indicates
that implementation of either the oxygenated gasoline program or
annual vehicle inspections will require some lead time. We do not
view this statement as modifying the commitment to implement any
contingency measures before November 1 of the beginning of the next
winter season following a violation. Our decision to approve the
maintenance plan is partially based on this commitment.
---------------------------------------------------------------------------
The potential contingency measures that are identified in section
IX.C.6.e.(4)(c) of the Provo CO Plan include (a) implementation of a
2.7% oxygenated fuels program in Utah County from November 1st through
the end of February, and (b) a return to annual vehicle emissions
inspections. A more complete description of the triggering mechanism
and these contingency measures can be found in section IX.C.6.e.(4)(b)
and (c) of the Provo CO Plan.
Based on the above, we find that the contingency plan provided in
the Provo CO Plan meets the requirements of section 175A(d) of the CAA.
5. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, Utah has committed
to submit a revised maintenance plan eight years after our approval of
the redesignation. This provision for revising the maintenance plan is
contained in section IX.C.6.e.(5)(f) of the Provo CO Plan.
6. Revisions to Existing Control Measures for the Maintenance Plan
The Governor's submittal letter of April 1, 2004, stated that
because the maintenance demonstration showed the CO NAAQS could be
maintained through the next 10 years (i.e., 2015), the Governor was
requesting that EPA remove the Federal applicability of the oxygenated
gasoline program for Utah County. This request was further described in
section IX.C.6.e.(3) of the Provo CO Plan. There the State indicates
that the UAM-AERO and CAL3QHC-R modeling did not include any emission
reductions credits for an oxygenated gasoline program beginning in 2004
and extending through 2015. In addition, section IX.C.6.e.(3) states
that due to better durability of emissions control equipment and a
lower failure rate of newer vehicles, the State is switching from an
annual to a biennial vehicle inspection requirement for vehicles less
than six years old. The State's modeling accounts for this change and
still demonstrates maintenance. We agree with these revisions to the
Provo area's CO control measures. The modeling results presented in
Tables 14 and 15 in the Provo CO Plan, and presented above in our
Tables X-2 and X-3, demonstrate maintenance of the CO NAAQS from 2004
through 2015, even with these changes.
Based on our review and evaluation of the components of the Provo
CO Plan, as discussed in our items X.A through X.E above, we have
concluded that the State has met the necessary requirements in order
for us to approve the Provo CO Plan's redesignation request from
nonattainment to attainment for CO, the maintenance demonstration, and
the required maintenance plan components.
XI. 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
budget(s) 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. In
addition, section 93.118 of our conformity rule requires that motor
vehicle emissions budgets (MVEB) must be established for the last year
of a maintenance plan and may be established for any other years deemed
appropriate by the State.
Based on the above, for transportation plan analysis years after
the last year of the maintenance plan (in this case 2015 for the Provo
CO Plan), a conformity determination must show that emissions are less
than or equal to the maintenance plan's specified MVEB for the last
year of the maintenance plan. EPA's conformity regulation (40 CFR
93.124) also allows the implementation plan to quantify explicitly the
amount by which motor vehicle emissions could be higher while still
demonstrating compliance with the maintenance requirement. The
implementation plan can then allocate some or all of this additional
``safety margin'' to the emissions budget(s) for transportation
conformity purposes.
Section IX.C.6.f of the Provo CO Plan briefly describes the
applicable transportation conformity requirements, provides MVEB
information for 2014 and 2015, identifies ``safety margin,'' indicates
that the UAQB allocated some of the ``safety margin'' to the 2014 and
2015 MVEBs, and provides UAM-AERO/CAL3QHC-R modeling that includes the
2014 and 2015 MVEBs for intersections noted above.
A. MVEB for 2014
In Table 13 of the Provo CO Plan, the State identified CO emissions
from point sources of 0.05 tons per day (tpd), emissions from area
sources of 0.97 tpd, emissions from non-road sources of 2.86 tpd, and
emissions from on-road mobile sources of 52.88 tpd for 2014. Modeling
with UAM-AERO and CAL3QHC-R, as described above, predicted maintenance
of the CO NAAQS at the evaluated intersections as presented in Tables
14 and 15 of the Provo CO maintenance plan. For the 2014 MVEB, the
State increased the on-road mobile source emissions from 52.88 tpd to
70.44 tpd, thus producing a ``safety margin'' of 17.56 tpd. In section
IX.C.6.f of the Provo CO Plan, this 17.56 tpd of ``safety margin'' is
allocated to the 2014 MVEB producing the 70.44 tpd MVEB. The State then
applied the UAM-AERO and CAL3QHC-R models to the above-noted
intersections with point, area, non-road, and on-road mobile sources
emissions discussed above and demonstrated there would be no
exceedances of the 8-hour CO NAAQS. The modeling results for
[[Page 66276]]
the 2014 MVEB appear in Table 16 (2000 episode) and 17 (2001 episode)
of the Provo CO Plan and are reproduced below in Table XI-1 and Table
XI-2.
B. MVEB for 2015 and Beyond
In Table 13 of the Provo CO Plan, the State identified CO emissions
from point sources of 0.05 tons per day (tpd), emissions from area
sources of 0.96 tpd, emissions from non-road sources of 2.87 tpd, and
emissions from on-road mobile sources of 52.46 tpd in 2015. Modeling
with UAM-AERO and CAL3QHC-R, as described above, predicted maintenance
of the CO NAAQS at the evaluated intersections as presented in Tables
14 and 15 of the Provo CO Plan. For the 2015 and beyond MVEB, the State
increased the on-road mobile source emissions from 52.46 tpd to 72.10
tpd, thus producing a ``safety margin'' of 19.64 tpd. In section
IX.C.6.f of the Provo CO Plan, this 19.64 tpd of ``safety margin'' is
allocated to the 2015 and beyond MVEB producing the 72.10 tpd MVEB. The
State then applied the UAM-AERO and CAL3QHC-R models to the above-noted
intersections with point, area, non-road, and on-road mobile sources
emissions discussed above and demonstrated there would be no
exceedances of the 8-hour CO NAAQS. The modeling results for the 2015
MVEB appear in Table 16 (2000 episode) and 17 (2001 episode) of the
Provo CO Plan and are reproduced below in Table XI-1 and Table XI-2.
Table XI-1.--2000 Episode Predicted Conformity MVEB 8-Hour CO
Concentrations
------------------------------------------------------------------------
Concentration in Concentration in
ppm (UAM & ppm (UAM &
Intersection location CAL3QHC-R) for CAL3QHC-R) for
2014 2015 and beyond
------------------------------------------------------------------------
University Ave. & University 6.3 6.3
Parkway..........................
1230 North & University Ave....... 5.4 5.4
1230 North & 500 West............. 5.7 5.8
500 West & Center St.............. 6.3 6.3
500 North & University Ave. & 6.6 6.5
Center St........................
------------------------------------------------------------------------
Table XI-2.--2001 Episode Predicted Conformity MVEB 8-Hour CO
Concentrations
------------------------------------------------------------------------
Concentration in Concentration in
ppm (UAM & ppm (UAM &
Intersection location CAL3QHC-R) for CAL3QHC-R) for
2014 2015 and beyond
------------------------------------------------------------------------
University Ave. & University 5.2 5.3
Parkway..........................
1230 North & University Ave....... 4.4 4.4
1230 North & 500 West............. 3.8 3.8
500 West & Center St.............. 5.9 5.9
500 North & University Ave. & 6.6 6.6
Center St........................
------------------------------------------------------------------------
Pursuant to section 93.118(e)(4) of EPA's transportation conformity
rule, as amended, EPA must determine the adequacy of submitted mobile
source emissions budgets. EPA reviewed the Provo CO Plan's emission
budgets for 2014 and 2015 and beyond for adequacy using the criteria in
40 CFR 93.118(e)(4), and determined that the budgets were adequate for
conformity purposes. EPA's adequacy determination was made in a letter
to the Utah Division of Air Quality June 30, 2004, and was announced in
the Federal Register on July 2, 2004 (69 FR 43412). As a result of this
adequacy finding, the 2014 budget and the 2015 and beyond budget took
effect for conformity determinations in the Provo area on July 17,
2004. However, we note that we are not bound by this determination in
acting on the Provo CO Plan.
We have concluded that the State has satisfactorily demonstrated
continued maintenance of the CO NAAQS while using transportation
conformity MVEBs of 70.44 tpd for 2014 and 72.10 tpd for 2015 and
beyond. Therefore, we are approving the transportation conformity MVEB
of 70.44 tpd of CO, for the Provo attainment/maintenance area, for 2014
and the transportation conformity MVEB of 72.10 tpd of CO for 2015 and
beyond.
C. Attainment Year MVEB
In addition to the requirements relating to the maintenance plan
MVEBs discussed above, EPA's regulations at 40 CFR 93.101 define the
term ``motor vehicle emissions budget'' as ``that portion of the total
allowable emissions defined in the submitted or approved control
strategy implementation plan revision * * * for a certain date for the
purpose of * * * demonstrating attainment * * * of the NAAQS, for any
criteria pollutant or its precursors, allocated to highway and transit
vehicle use and emissions.'' The State's attainment plan for Provo CO
falls within EPA's definition of a control strategy implementation plan
revision (see 40 CFR 93.101). By definition, the attainment year--in
this case 2000--is a budget year under EPA's conformity regulations.
Because the Provo CO plan does not explicitly identify a MVEB for 2000,
the budget value defaults to the inventory value for on-road mobile
sources for that year. That value, and thus the MVEB, for 2000 is 59.44
tpd of CO. This 2000 budget applies to conformity analysis years as
specified in 40 CFR 93.118.
XII. EPA's Evaluation of the Rule R307-110-31 Revisions
The revisions to Rule R307-110-31 involve the incorporation into
the Utah Rules revisions to Section X of the Utah SIP entitled
``Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability.'' The revisions to Part A involve the
removal of a historical statement in the ``Utah I/M program history and
general authority,'' the reference to the 2002 State legislative
changes to Utah Code Annotated, Section 41-6-163.7 to allow I/M
inspections to go from an annual to an every-other-year testing program
for vehicles less than six years old, updated census figures for 1980,
1990, and 2000 in section 2, ``Applicability,'' and an amendment to
section 2, ``Applicability,'' under ``Test
[[Page 66277]]
Frequency'' to reflect the changes noted above to Section 41-6-163.7 of
the Utah Code Annotated. Upon our approval, these revisions to Rule
R307-110-31 that were adopted by the UAQB on March 31, 2004 (State
effective on May 18, 2004, submitted by the Governor to us on April 1,
2004) will become part of the Federally-enforceable SIP.
We have evaluated and determined that the revisions to Rule R307-
110-31 involving ``Section X, Vehicle Inspection and Maintenance
Program, Part A, General Requirements and Applicability'' of the Utah
SIP described above are acceptable and we are approving them. In
particular, we note that the State accounted for the changes to the
rule in its maintenance demonstration, and was still able to
demonstrate maintenance of the CO NAAQS. Furthermore, we have concluded
that the change from an annual to a biennial program for vehicles less
than six years old will not impact attainment of any other NAAQS. We
have based our conclusion on our evaluation of the State-submitted
supplemental document to the TSD entitled ``Technical Support Document
for the Utah SIP, Section X, Vehicle Inspection & Maintenance Program,
Part A, General Requirements, April, 2004 Final'' and on our own
analysis which is included in the docket for this action. The program
change will not interfere with any other applicable requirements of the
CAA. Thus, the requirements of section 110(l) of the CAA are met.
XIII. EPA's Evaluation of the Rule R307-110-34 Revisions
The revisions to Rule R307-110-34 involve the incorporation into
the Utah Rules of revisions to Section X of the Utah SIP entitled
``Vehicle Inspection and Maintenance Program, Part D, Utah County.''
The revisions to Part D section 1. ``I/M performance standard'' involve
the removal of certain historical statements, the removal of references
to EPA's MOBILE5a emission factor model, and the addition of new
language reflecting EPA's September 12, 2002 approval (67 FR 57744) of
Utah County's ``National Highway System Designation Act (NHSDA) of
1995'' improved I/M program. Revisions to Part D also involve the
removal of the obsolete language in section 2, ``Network type,'' that
dealt with enhanced I/M provisions for Utah County and changes to
section 5, ``Vehicle Coverage,'' to go from an annual to an every-
other-year testing program for vehicles less than six years old. In
addition, revisions to Part D include the ``Vehicle Emission
Inspection/Maintenance Program'' ordinance and appendices for Utah
County as adopted by the Utah County Board of County Commissioners on
June 10, 2003, to replace the Utah County I/M ordinance and appendices
that were in Part D dated December 29, 1999. Upon our approval, these
revisions to Rule R307-110-34 that were adopted by the UAQB on March
31, 2004 (State effective on May 18, 2004, submitted by the Governor to
us on April 1, 2004) will become part of the Federally-enforceable SIP.
We note that in section 12.2 of Appendix 1 and in section 7.0 of
Appendix 4 of the June 10, 2003 Utah County I/M ordinance it is stated
that the adopted cut-points for motor vehicle emissions inspections
contained in Appendix C to Appendix 1 (of the ordinance) shall remain
in effect until changed by the Utah County Commission or Director. In
addition, section 12.2 of Appendix 1 and section 7.1 of Appendix 4 also
state that the maximum concentration of cut-points shall be determined
by the County Commission or the Director to meet the NAAQS established
by EPA. The maintenance demonstration, however, is based on the cut-
points contained in Appendix C to Appendix 1 of the County's I/M
ordinance. Given this, any decision by the County Commission or the
Director to change the cut-points in Appendix C to Appendix 1 shall
only be Federally-effective upon EPA's approval of such change as a
revision to the SIP. This is consistent with the interpretation of the
Utah Division of Air Quality as expressed in an August 2, 2005 letter
from Richard W. Sprott, Director, Utah Division of Air Quality, to
Jerry Grover of the Utah County Commission.
We have evaluated and determined that the revisions to Rule R307-
110-34 involving ``Section X, Vehicle Inspection and Maintenance
Program, Part D, Utah County'' of the Utah SIP described above are
acceptable and we are approving them. As discussed in section XII
above, we note that the State accounted for the changes to the rule in
its maintenance demonstration, and was still able to demonstrate
maintenance of the CO NAAQS. Furthermore, we have concluded that the
change from an annual to a biennial program for vehicles less than six
years old will not impact attainment of any other NAAQS. We have based
our conclusion on our evaluation of the State-submitted supplemental
document to the TSD entitled ``Technical Support Document for the Utah
SIP, Section X, Vehicle Inspection & Maintenance Program, Part A,
General Requirements, April, 2004 Final'' and on our own analysis which
is included in the docket for this action. The program change will not
interfere with any other applicable requirements of the CAA. Thus, the
requirements of section 110(l) of the CAA are met.
XIV. EPA's Evaluation of Rules R307-302-3 and -4
Utah's Rules R307-302-3 and -4 are entitled ``No-Burn Periods for
Carbon Monoxide'' and ``Violations'' respectively. The UAQB held a
public hearing on the revisions to Utah's Rule R307-302-3 and -4, to
restrict woodburning in Utah County, on June 23, 1998. The UAQB adopted
these SIP revisions on August 13, 1998, they became State effective on
September 15, 1998, and the Governor submitted them to us on September
20, 1999. These revisions to Rules R307-302-3 and -4 address the
requirements and mechanism for implementing mandatory ``no-burn''
periods, for residential solid fuel devices and fireplaces, when
specified conditions occur which could lead to formation of elevated
levels of carbon monoxide.
We note the Governor's submittal letter of April 1, 2004, requested
that EPA approve the July 11, 1994, woodburning rule revisions
contained in Utah's prior Rule R307-1-4.12 in conjunction with our
action on the Provo CO Plan. As stated earlier in this action, the
Governor's September 20, 1999 submittal of Utah Rules R307-302-3 and -
4, comprises a re-numbered and re-titled version of R307-1-4.12. The
text of Rules R307-302-3 and -4 is identical to the text of Rule R307-
1-4.12 that the Governor submitted on July 11, 1994.
We have evaluated these revisions to Utah's Rules R307-302-3 and -
4. We find them acceptable and are approving them.
XV. EPA's Evaluation of the Removal of Rule R307-301
As stated in the Governor's April 1, 2004 submittal letter, because
the Provo CO maintenance plan was able to demonstrate maintenance of
the CO NAAQS for the next 10 years (i.e., 2015) without the use of an
oxygenated gasoline program, the Governor requested that EPA remove the
State's Rule R307-301 from the Federally-approved SIP. Utah's Rule
R307-301 will, however, remain as a contingency measure as noted in
section IX.C.6.e.(4) of the Provo CO Plan.
EPA is allowed to approve this elimination of the Federally-
approved oxygenated gasoline program for Utah County and the Provo area
based on section 211(m)(6) of the CAA which states:
[[Page 66278]]
``ATTAINMENT AREAS--Nothing in this subsection shall be
interpreted as requiring an oxygenated gasoline program in an area
which is in attainment for carbon monoxide, except that in a carbon
monoxide nonattainment area which is redesignated as attainment for
carbon monoxide, the requirements of this subsection shall remain in
effect to the extent such program is necessary to maintain such
standard thereafter in the area.''
The State has satisfied the above requirements of section 211(m)(6)
as follows:
A. The Provo area is in attainment for the CO NAAQS. EPA made a
determination of attainment for the CO NAAQS for the Provo area on
September 20, 2002 (67 FR 59165.) In addition, as is presented in the
Provo CO Plan, ambient air quality data have been archived in AQS that
show the Provo area has been in attainment for the CO NAAQS for the
period of 1994-2003. We have evaluated the ambient air quality data in
AQS and have concluded the Provo area continued to attain the CO NAAQS
in 2004 and the first calendar quarter of 2005. Therefore, the area has
been in continuous attainment for the CO NAAQS from 1994 to the
present. Further information on relevant ambient air quality data is
presented in section VI.B and X.A above and in section IX.C.6.a of the
Provo CO Plan.
B. The State has provided an adequate demonstration that shows,
beginning in 2004, the oxygenated gasoline program is not needed to
maintain the CO NAAQS in the Provo area. The State's CO maintenance
plan for the Provo area addresses this requirement. As described in
section IX.C.6.e of the Provo CO Plan, the State used EPA's MOBILE6.2
emission factor model to calculate on-road mobile source emissions,
without any emission reduction benefits from an oxygenated gasoline
program, for 2004, 2005, 2006, 2007, 2008, 2011, 2014 and 2015. These
on-road mobile source emissions, along with projected point, area, and
non-road emissions were then modeled with UAM-AERO and CAL3QHC-R. As
discussed in section IX.C.6.e of the Provo CO Plan and in section X
above, maintenance of the CO NAAQS is demonstrated for the time period
2004 through 2015 with the elimination of the oxygenated gasoline
program beginning in 2004. Therefore, elimination of the oxygenated
gasoline program will not interfere with continued maintenance of the
CO NAAQS. In addition, in accordance with section 110(l) of the CAA, we
find that elimination of the oxygenated gasoline program will not
interfere with attainment of any other NAAQS or any other applicable
requirement of the CAA. Because the oxygenated gasoline program is a
wintertime program, its elimination will have no impact on attainment/
maintenance of the ozone NAAQS, which in Utah is a summertime concern.
Regarding particulate matter, relevant information and data indicate
that the elimination of the oxygenated gasoline program will have no
impact on attainment/maintenance of either the PM10 or the
PM2.5 NAAQS.
Consistent with the foregoing, we are approving the elimination of
Utah's Rule R307-301 from the Federally-approved SIP.
XVI. Consideration of Section 110(l) of the CAA
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The Provo CO Plan's attainment demonstration and plan, the
maintenance plan, the revisions to the general requirements and
applicability for automotive I/M, the revisions to the automotive I/M
provisions for Utah County, the revisions addressing woodburning
restrictions, and the elimination of the Federal applicability of the
oxygenated gasoline program for Utah County will not interfere with
attainment, reasonable further progress, or any other applicable
requirement of the CAA. Further detail is provided in sections XII,
XIII, and XV of this action.
XVII. Final Action
In this action, EPA is approving the Provo area's CO attainment
demonstration and plan for 2000, the request for redesignation from
nonattainment to attainment for CO for the Provo area, the Provo area's
maintenance plan, the transportation conformity CO motor vehicle
emission budgets for the years 2014 and 2015, the revisions to Rule
R307-110-12 (which incorporates the Provo CO Plan into the Utah Rules,)
the revisions to Rule R307-110-31 (which incorporates the revisions to
``Section X, Vehicle Inspection and Maintenance Program, Part A,
General Requirements and Applicability'' into the Utah Rules), the
revisions to Rule R307-110-34 (which incorporates the revisions to
``Section X, Vehicle Inspection and Maintenance Program, Part D, Utah
County'' into the Utah Rules) \4\, and the request to eliminate the
Federal applicability of Rule R307-301, all as submitted by the
Governor on April 1, 2004. We are also approving Rules R307-302-3 and -
4 which were submitted by the Governor on September 20, 1999. As part
of this action, EPA is also identifying the Provo CO area motor vehicle
emission budget of 59.44 tpd of CO for the year 2000.
---------------------------------------------------------------------------
\4\ Please note the condition EPA expresses in section XIII of
this action, that any decision by the Utah County Board of
Commissioners to change cut-points will not be effective to change
the cut-points EPA is approving in Section X, Part D, Appendix C to
Appendix 1 of the SIP absent EPA approval as a SIP revision.
---------------------------------------------------------------------------
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 today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective January 3, 2006 without
further notice unless the Agency receives adverse comments by December
2, 2005. If the EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
XVIII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic
[[Page 66279]]
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
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 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 January 3, 2006. 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).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: October 24, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. Section 52.2320 is amended by adding paragraph (c)(62) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(62) Revisions to the Utah State Implementation Plan, ``Section IX,
Part C.6, Carbon Monoxide Provisions for Provo,'' as submitted by the
Governor on April 1, 2004; revisions to UAC R307-110-12, ``Section IX,
Control Measures for Area and Point Sources, Part C, Carbon Monoxide,''
as submitted by the Governor on April 1, 2004; revisions to the Utah
State Implementation Plan, ``Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability,''
as submitted by the Governor on April 1, 2004; revisions to UAC R307-
110-31, ``Section X, Vehicle Inspection and Maintenance Program, Part
A, General Requirements and Applicability,'' as submitted by the
Governor on April 1, 2004; revisions to the Utah State Implementation
Plan, ``Section X, Vehicle Inspection and Maintenance Program, Part D,
Utah County,'' as submitted by the Governor on April 1, 2004; revisions
to UAC R307-110-34, ``Section X, Vehicle Inspection and Maintenance
Program, Part D, Utah County,'' as submitted by the Governor on April
1, 2004; the removal of UAC R307-301 from the Federally-approved SIP as
requested by the Governor on April 1, 2004; and UAC R307-302-3, and UAC
R307-302-4, ``No-Burn Periods for Carbon Monoxide'' and ``Violations,''
respectively, as submitted by the Governor on September 20, 1999.
(i) Incorporation by reference.
(A) UAC R307-110-12, as adopted by the Utah Air Quality Board on
March 31, 2004, effective May 18, 2004. This incorporation by reference
of UAC R307-110-12 only extends to the following Utah SIP provisions
and excludes any other provisions that UAC R307-110-12 incorporates by
reference: ``Section IX, Part C.6, Carbon Monoxide Provisions for
Provo,'' adopted by the Utah Air Quality Board on March 31, 2004,
effective May 18, 2004.
(B) UAC R307-110-31, ``Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability,''
as adopted by the Utah Air Quality Board on March 31, 2004, effective
May 18, 2004.
(C) UAC R307-110-34, ``Section X, Vehicle Inspection and
Maintenance Program, Part D, Utah County,'' as adopted by the Utah Air
Quality Board on March 31, 2004, effective May 18, 2004.
(D) UAC R307-302-3, ``No-Burn Periods for Carbon Monoxide,'' as
adopted by the Utah Air Quality Board on August 13, 1998, effective
September 15, 1998.
(E) UAC R307-302-4, ``Violations,'' as adopted by the Utah Air
Quality Board on August 13, 1998, effective September 15, 1998.
[[Page 66280]]
(ii) Additional materials.
(A) An August 2, 2005 letter from Richard Sprott, Utah Department
of Environmental Quality, to Jerry Grover, Utah County Commission,
addressing limits on Utah County authority to revise vehicle emission
cut-points.
(B) An August 19, 2005 letter from Richard Sprott, Utah Department
of Environmental Quality, to Richard Long, EPA Region VIII, providing
supplemental Technical Support Documentation to Volumes 11 and 12 of
the State's Technical Support Document for the Provo area's carbon
monoxide attainment demonstration and maintenance plan that was
submitted by Governor Walker on April 1, 2004.
(C) A September 8, 2005 letter from Jan Miller, Utah Department of
Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address
typographical errors in ``Section X, Part D, Utah County Vehicle
Emissions Inspection and Maintenance Program'' that was submitted by
Governor Walker on April 1, 2004.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.345, the table entitled ``Utah-Carbon Monoxide'' is
amended by revising the entry for ``Provo Area'' to read as follows:
Sec. 81.345 Utah.
* * * * *
Utah--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Provo Area
Utah County (part) city of Provo.... 1/3/06 Attainment...............................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 05-21837 Filed 11-1-05; 8:45 am]
BILLING CODE 6560-50-P