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[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65613-65616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32644]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-001-0002a, MT-001-0003a; FRL-5934-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Montana; 1990 Base Year Emission Inventories for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the 1990 base year carbon monoxide (CO) 
emission inventories for Missoula, Billings, and Great Falls that were 
submitted by the State to satisfy certain requirements of the Clean Air 
Act (CAA), as amended in 1990.

DATES: This final rule is effective February 13, 1998 unless adverse or 
critical comments are received by January 14, 1998. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be addressed to: Richard R. Long, 
Director, Air Program (8P2-A), United States Environmental Protection 
Agency, Region 8, 999 18th Street, suite 500, Denver, Colorado 80202-
2466.
    Copies of the documents relevant to this action are available for 
public inspection between 8 a.m. and 4 p.m., Monday through Friday at 
the following office: United States Environmental Protection Agency, 
Region 8, Air Program, 999 18th Street, suite 500, Denver, Colorado 
80202-2466.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program (8P2-A), United 
States Environmental Protection Agency, Region 8, 999 18th Street, 
suite 500, Denver, Colorado 80202-2466, ph. (303) 312-6479.

SUPPLEMENTARY INFORMATION:

I. Background to the Action

    As required by the CAA, States have the responsibility to inventory 
emissions contributing to NAAQS nonattainment, to track these emissions 
over time, and to ensure that control strategies are being implemented 
that reduce emissions and move areas towards attainment.
    Those States containing moderate and serious carbon monoxide 
nonattainment areas were required under Section 187(a)(1) of the CAA to 
submit by November 15, 1992, a comprehensive, accurate, and current 
inventory of actual CO season emissions from all sources for each 
nonattainment area (see 57 FR 13530, April 16, 1992). This requirement 
applies to Missoula. ``Not Classified'' CO nonattainment areas, like 
Billings and Great Falls, were required to submit their inventories by 
November 15, 1993 (see 57 FR 13535, April 16, 1992). Stationary point 
sources, stationary area sources, on-road mobile, and non-road mobile 
sources of carbon monoxide (CO) were to be included in each inventory. 
This inventory, for calendar year 1990, was denoted as the base year 
inventory.
    The 1990 base year inventory is the primary inventory from which 
any periodic and/or modeling inventory is derived. Further information 
on these inventories and their purpose can be found in the document 
``Emission Inventory Requirements for Carbon Monoxide State 
Implementation Plans,'' U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina, dated March, 1991.
    The 1990 base year inventory was to address actual CO emissions for 
the area during the peak CO season. The peak CO season should reflect 
the months when peak CO concentrations occur. For areas where winter is 
the peak CO season, as is the case for Missoula, Billings, and Great 
Falls, the 1990 base year inventory was to include the period November 
1989 through January 1990.
    The air quality planning requirements for base year inventories for 
CO nonattainment areas are set out in sections 172(c) and 187(a)(1) of 
Title I of the CAA. EPA issued a General Preamble describing EPA's 
interpretation as to how EPA intended to review SIP revisions submitted 
under Title I of the CAA which included requirements for the 
preparation of the 1990 base year inventory (57 FR 13529, April 16, 
1992, and 57 FR 18070, April 28, 1992). Because EPA is describing its 
interpretations in this action only in broad terms, the reader should 
refer to the General Preamble for a more detailed discussion of the 
interpretations of Title I advanced in this action and its supporting 
rationale. Available EPA guidance documents, for preparing emission 
inventories, were referenced in the General Preamble (57 FR 13498, 
April 16, 1992).

[[Page 65614]]

II. Analysis of the State's Submittal

    Section 110(k) of the Act sets out provisions governing EPA's 
action on plan submissions of the 1990 base year CO emission inventory 
based on whether or not the inventory satisfies the requirements of 
Section 187(a)(1) and Section 172(c) (see 57 FR 13565-13566, April 16, 
1992). Based on EPA's review, EPA is approving the Montana CO 1990 base 
year emission inventories as submitted to EPA on July 18, 1995, 
(Missoula and Billings) and on April 23, 1997 (Great Falls).
    The following describes the review procedures associated with 
determining the acceptability of a 1990 base year emission inventory 
and discusses the level of acceptance that can result from the findings 
of the review process.

A. Procedural Background

    The CAA requires States to observe certain procedural requirements 
in developing SIP revisions for submittal to EPA. Section 110(a)(2) of 
the CAA requires that each SIP revision (including emission 
inventories) be adopted after going through a reasonable notice and 
public hearing process prior to being submitted by a State to 
EPA.1
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    \1\ See, Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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    The State of Montana held a public hearing for the Missoula and 
Billings CO inventories on July 10, 1995, before the Montana Department 
of Environmental Quality (MDEQ). The Governor submitted these two 1990 
base year inventories to EPA with a letter dated July 18, 1995. The 
State held a public hearing for the Great Falls CO inventory on 
December 9, 1996, before the MDEQ. This inventory was submitted by the 
Governor with a letter dated April 23, 1997.

B. Review of Montana's 1990 Base Year SIP CO Inventories

    EPA's Level I, II, and III review process checklists are used to 
determine if all components of a CO base year inventory are present and 
approvable. EPA's detailed Level I and II review procedures can be 
found in the following document: ``Quality Review Guidelines for 1990 
Base Year Emission Inventories,'' U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
NC, July 27, 1992. The Level III final review procedures are specified 
in a memorandum from J. David Mobley, Chief, Emissions Inventory 
Branch, to Air Branch Chiefs, Regions I-X, ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992 and revised in a 
memorandum from John Seitz to the Regional Air Directors, dated June 
24, 1993.2 EPA's review also evaluates the level of 
supporting documentation provided by the State and assesses whether the 
emission calculations were developed, and data quality assured, 
according to current EPA guidance.
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    \2\ Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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    The Level III review process is outlined below and consists of nine 
requirements that a CO base year inventory must include. For a base 
year CO emission inventory to be acceptable, it must pass all of the 
following acceptance criteria:
    1. An approved Inventory Preparation Plan (IPP) must be provided 
and the Quality Assurance (QA) program contained in the IPP must be 
performed and its implementation documented.
    Analysis: Montana's IPP was approved by EPA on October 23, 1991. 
The IPP's QA program requirements were addressed in section 4.3 and 
Appendix F of the Missoula inventory, in section 4.3 and Appendix F of 
the Billings inventory, and in section 4.3 and Appendix H of the Great 
Falls inventory.
    2. Adequate documentation must be provided that enables the 
reviewer to determine the emission estimation procedures and the data 
sources used to develop the inventory.
    Analysis: This requirement was addressed in sections 4.0 through 
4.2.8., 5.0, 6.0, and appendices A through E of the Missoula inventory; 
sections 4.0 through 4.2.8., 5.0, 6.0, and appendices A through E and G 
of the Billings inventory; and sections 4.0 through 4.2.8., 5.0, 6.0, 
and appendices A through G and I of the Great Falls inventory.
    3. The point source inventory must be complete.
    Analysis: This requirement was addressed in sections 4.1.1., 
4.2.7., 5.0, 6.0, and appendices A and B of the Missoula inventory; 
sections 4.1.1., 4.2.6., 5.0, 6.0, and appendices A and B of the 
Billings inventory; and sections 4.1.1., 4.2.7., 5.0, 6.0, and 
appendices A and B of the Great Falls inventory.
    4. Point source emissions must be calculated according to current 
EPA guidance.
    Analysis: This requirement was addressed in sections 4.1.1., 
4.2.7., 5.0, 6.0, and appendices A and B of the Missoula inventory; 
sections 4.1.1., 4.2.6., 5.0, 6.0, and appendices A and B of the 
Billings inventory; and sections 4.1.1., 4.2.7., 5.0, 6.0, and 
appendices A and B of the Great Falls inventory.
    5. The area source inventory must be complete.
    Analysis: This requirement was addressed in sections 4.1.2., 
4.2.1., 4.2.2., 4.2.8., 5.0, 6.0, and appendix D of the Missoula 
inventory; sections 4.1.2., 4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0, 
and appendix D of the Billings inventory; and sections 4.1.2., 4.2.1., 
4.2.2., 4.2.8., 5.0, 6.0 and appendices D, E, and F of the Great Falls 
inventory.
    6. The area source emissions must be prepared or calculated 
according to current EPA guidance.
    Analysis: This requirement was addressed in sections 4.1.2., 
4.2.1., 4.2.2., 4.2.8., 5.0, 6.0, and appendix D of the Missoula 
inventory; sections 4.1.2., 4.2.1., 4.2.2., 4.2.7., 4.2.8., 5.0, 6.0, 
and appendix D of the Billings inventory; and sections 4.1.2., 4.2.1., 
4.2.2., 4.2.8., 5.0, 6.0 and appendices D, E, and F of the Great Falls 
inventory.
    7. The method (e.g., HPMS or a network transportation planning 
model) used to develop VMT estimates must follow EPA guidance, as 
detailed in the document, ``Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources'', U.S. Environmental Protection 
Agency, Office of Mobile Sources and Office of Air Quality Planning and 
Standards, Ann Arbor, Michigan, and Research Triangle Park, North 
Carolina, December 1992. The VMT development methods must be adequately 
described and documented in the inventory report.
    Analysis: This requirement was addressed in sections 4.2.5., 5.0, 
6.0, and Appendix C in each of the three inventories.
    8. The MOBILE model must be correctly used to produce emission 
factors for each of the vehicle classes.
    Analysis: This requirement was addressed in sections 4.2.5., 5.0, 
6.0, and Appendix C in each of the three inventories.
    9. Non-road mobile emissions estimates must be prepared according 
to current EPA guidance for all of the source categories.
    Analysis: This requirement was addressed in sections 4.2.3., 
4.2.4., 4.2.6., 5.0, and 6.0 of the Missoula inventory; sections 
4.2.3., 4.2.4., 4.2.8., 5.0, 6.0, and Appendix G of the Billings 
inventory; and sections 4.2.3., 4.2.4., 4.2.6., 5.0, 6.0, and Appendix 
I of the Great Falls inventory.
    The 1990 base year CO emissions from point sources, area sources, 
on-

[[Page 65615]]

 road mobile sources, and non-road mobile sources for Missoula, 
Billings, and Great Falls are summarized in the following table:

                               Carbon Monoxide Seasonal Emissions in Tons Per Day                               
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                                                    Point                    On-road      Non-road              
              Non-attainment area                   source    Area source     mobile       mobile       Total   
                                                  emissions    emissions    emissions    emissions    emissions 
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Missoula.......................................        12.84        32.98        70.44         0.78       117.04
Billings.......................................         2.41        13.74        57.46         1.42        75.03
Great Falls....................................         0.19         7.95        46.34         5.63        60.11
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III. Final Action

    EPA is approving the carbon monoxide 1990 base year emission 
inventories for Missoula, Billings, and Great Falls.
    All supporting calculations and documentation for these three 1990 
carbon monoxide base year inventories are contained in the State's 
Technical Support Document (TSD).
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this issue of the 
Federal Register, EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
February 13, 1998 unless, by January 14, 1998, adverse or critical 
comments are received.
    If EPA receives adverse or critical comments, this action will be 
withdrawn before the effective date by the publication of a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. EPA will not institute a second 
comment period on this action. Any parties interested in commenting on 
this action should do so at this time. If no adverse or critical 
comments are received, the public is advised that this action will be 
effective February 13, 1998.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
any State Implementation Plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under Section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (1976); 
42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

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

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 13, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2) of the CAA).

List of Subjects in 40 CFR Part 52

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

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    Dated: October 3, 1997.
William P. Yellowtail,
Regional Administrator, Region VIII.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart BB--Montana

    2. Section 52.1391 is added to read as follows:

Sec. 52.1391  Emission inventories.

    The Governor of the State of Montana submitted the 1990 carbon 
monoxide base year emission inventories for Missoula and Billings on 
July 18, 1995, as a revision to the State Implementation Plan (SIP). 
The Governor submitted the 1990 carbon monoxide base year emission 
inventory for Great Falls on April 23, 1997, as a revision to the SIP. 
The inventories address emissions from point, area, on-road mobile, and 
non-road sources. These 1990 base year carbon monoxide inventories 
satisfy the nonattainment area requirements of the Clean Air Act of 
section 187(a)(1) for Missoula and section 172(c)(3) for Billings and 
Great Falls.

[FR Doc. 97-32644 Filed 12-12-97; 8:45 am]
BILLING CODE 6560-50-P
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