UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08



# AUG - 9'2011 Ref: 8P-AR
Christopher E. Urbina, M.D., MPH Executive Director/ChiefMedical Officer Colorado Department ofPublic Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246

Re: Fort Collins Carbon Monoxide Second IO-year Limited Maintenance Plan; Transportation Conformity Adequacy

Dear Dr. Urbina:

The EPA has reviewed the Fort Collins carbonmonoxide (CO) Clean Air Act section 175A(b) second 10­ year Limited MaintenancePlan (hereafter CO LMP) State Implementation Plan (SIP) revisionthat was submitted to the EPA by a letterdated May 25, 2011 from the Colorado Department ofPublic Health and Environment, onbehalfofthe Governor.

We have found the Fort Collins CO LMP adequate for transportation conformity purposes. Ourfinding is based primarily on the Fort Collins CO maintenance area as meeting the criteria for a LMP and as meeting the applicable procedures and criteriafor adequacy, pursuantto 40 CFR§93.I 18. We will

announce this adequacy finding bypublishing a Notice inthe Federal Register. This adequacy finding

. will then become Federally-effective 15 days after the publication oftheNotice.

As part ofour adequacy review, we announced receipt ofthe Fort Collins CO LMP and posted an announcement ofavailability on EPA's Office ofTransportation and Air Quality website at: http://www.epa.gov/otaq/stateresources/transconf/cuITsips.htm. We requested public comments no later than December 10, 2010. We did notreceive any comments. In addition, and as part ofour review summarized in the enclosure, we reviewed the Governor's SIP revision submittal for any comments about the maintenance plan that may have been submitted during the Colorado Air Quality Control Commission public hearing process. There were no adverse comments from the public.

The EPA notes thatfor the Fort Collins CO maintenance area, the prior EPA-approved motor vehicle emission budgets (MVEB) were 98 tons ofCO perday for 2010 through 2014 and 94 tons per day ofCO for 2015 (see 68 FR43316, July 22, 2003). With respect to these prior EPA-approved MVEBs, the CO LMP SIP submittal will notreplace the current full maintenance plan and its MVEBs for the time period covered by those prior EPA-approved SIP MVEBs. Pursuantto 40 CFR§ 93.118(d), consistency to the MVEBs from the first maintenance plan must continue to be demonstrated for as long as any ofthe MVEBs are withinthe timefrarne ofthe transportation plans (i.e., until calendar year 2016).Once ourtransportation conformity adequacy finding is published inthe Federal Register and becomes effective for the Fort Collins CO LMP, beginning in 2016 no regional emissions analyses would be required from the North Front Range Metropolitan Planning Organization (NFRMPO) for the regional transportationplan (RTP) orthe transportation improvementprogram (TIP)transportationplan. This reflects the provisions in our CO LMP policy, 40 CFR§ 93.l09(f) and 40 CFR§ 93.118(d).

This adequacy finding affects future CO RTP and TIP conformity determinations as prepared and approved by the NFRMPO, the Colorado Department ofTransportation, the Federal Highway Administration and Federal Transit Administration.

Please note that this adequacy finding is separate from EPA's subsequentrulemaking action onthe Fort Collins CO LMP SIP revision and should notbeused to prejudge EPA's approval or disapproval ofthe SIP revision.

Ifthere are any questions, please contact Tim Russ ofmy staffat (303) 312-6479. 

# W:J+

Carl Daly,

### Directo~0 Air Program

Enclosure

cc: Cliff Davidson, Executive Director, NFRMPO Garrison Kaufman, Acting Director, Air Pollution Control Division Donald Hunt, Executive Director, CDOT William Haas, Colorado Division, FHWA Kistin Kenyon, Region 8, FTA

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### Enclosure

Fort Collins CarbonMonoxideLimited MaintenancePlan (CO LMP) Adequacy Evaluation

Transportation Review Criteria Is Criterion 

# I Reference in SIP Document/ Satisfied? Comments Sec. 93.118(e)(4)(i) The plan was endorsed by the Governor (or designee) and was subjectto a public hearing. Yes May 25, 2011 Letter from ChristopherE. Urbina, Exec. Director ofthe Colorado Dept. of Public Health and Environment (CDPHE) and on behalfofthe Governor.

The submittal includes evidence of

apublic hearing that occurred on December 16,2010.

Public Hearing Notice: The Fort Collins Carbon Monoxide Limited Maintenance Plan (CO LMP); Public Hearing notice dated September 17,2010, signed by Douglas Lempke, Administrator, Colorado Air Quality Control Commission (AQCc). Affidavit ofpublication: The Public Hearing notice was published in the Denver Post on 10/9/10 and on the AQCC Commissionwebsite. Note: In a letter dated October 2, 2002, Casey Shpall, Colorado Attorney General's office stated there is no State Requirement to publish a notice in a newspaper for

a Notice ofAQCC rulemaking. Sec. 93.118(e)(4)(ii) The plan was developed through consultation with federal, state and local agencies; full implementation plan documentation

was provided and EPA's stated
concerns, ifany,
were addressed. Yes The submittal includes parties that

were involved withthe development ofthe maintenance plan: North Front Range Metropolitan Planning Organization (NFRMPO) and the City ofFort Collins. Submitted public comments included local governments and entities. The NFRMPO submitted an 8/5110 letter, Larimer County Dept. of Health and Environment submitted 3

### Transportation Review Criteria Is Criterion Satisfied? 

### Reference in SIP Document/ Comments

a 6/11/10 letter, and the City of Fort Collins submitted Resolution No. 2010-043 dated 7/20110; all in support ofthe maintenance plan. EPA was consulted many times during the development ofthe Fort Collins CO LMP and submitted comments ondraft versions. Sec. 93.118(e)(4)(iii) The MVEBs are clearly identified and precisely quantified. Yes Table 2, page 5, ofthe document shows emissions for 2008, but does not project future emissions. Areaqualified for and State used EP

### A's CO Limited Maintenance Plan policy which only requires a base year ofemissions and no projections. Sec. 93.118(e)(4)(iv) The motor vehicle emissions budget(s), when considered together with all other emission sources, is consistent with applicable requirements for reasonable further progress, attairnnent, or maintenance (whichever is relevant to the given plan). Yes EPAhas reviewed the 2008 emissions inventory onpage 5 of the LMP and considered the data

as meetingthe requirements of EPA's CO LMP policy.

Sec. 93.118(e)(4)(v) The plan shows a clear relationship betweenthe emISSIOns budget(s), control

measures and the total emissions inventory. Yes The Fort Collins CO LMP discusses emissions (In page 5 in the section entitled "Emission Inventories" and discusses the relevant control measures on page 6 inthe section entitled "Enforceable Control Measures for the Maintenance Period". Sec. 93.118(e)(4)(vi) Revisions to previously submitted control strategy ot maintenance plans Yes Mobile source emissions and motor vehicle emissions budgets (MVEBs) were originally documented in the Fort Collins CO maintenanceplanthat was 4

### Transportation Review Criteria Is Criterion 

### Satisfied? Reference in SIP Document 

### I Comments explain and document any changes to any previous submitted budgets and control
measures; impacts

on point and area
source emissions; any changesto established safety margins (see 93.101 for definition), and

reasons for the changes (including the basis for any changes to emission factors or estimates ofvehicle miles traveled). approved by EPA on 7/22/03 (68 FR 43316). EPAhas reviewed these previously approved MVEBs, and the language and how these prior-approved MVEBs

are addressed, on pages 6 and 7 of the currently-submitted LMP in the section entitled "Transportation Conformity". We agree with the language and the analysis.

Sec. 93.1 18(e)(5) EPA has reviewed the State's compilation of public comments and response to comments that are required to be submitted with any implementation plan. Yes The Governor's submittal indicates there were public comments submitted by the NFRMPO in an 8/5110 letter, Larimer County Dept. ofHealth and Environment submitted a 611l/10 letter, and the City ofFort Collins submitted ResolutionNo. 2010-043 dated 7/20110; all in support ofthe maintenance plan Reviewers: Tim Russ, USEPA, Region 8 Date ofReview: June 16, 2011

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