UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop 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/Chief Medical Officer
 

Colorado Department of Public 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 carbon monoxide (CO) Clean Air Act section 175A(b) second 10­

year Limited Maintenance Plan (hereafter CO LMP) State Implementation Plan (SIP) revision that was 

submitted to the EPA by a letter dated May 25, 2011 from the Colorado Department of Public Health and 

Environment, on behalf ofthe Governor. 

We have found the Fort Collins CO LMP adequate for transportation conformity purposes. Our finding is 

based primarily on the Fort Collins CO maintenance area as meeting the criteria for a LMP and as 

meeting the applicable procedures and criteria for adequacy, pursuant to 40 CFR§93.I 18. We will 

announce this adequacy finding by publishing a Notice in the Federal Register. This adequacy finding 

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

As part of our adequacy review, we announced receipt of the Fort Collins CO LMP and posted an 

announcement of availability on EPA's Office of Transportation 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 not receive any comments. In addition, and as part of our 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 that for the Fort Collins CO maintenance area, the prior EPA-approved motor vehicle 

emission budgets (MVEB) were 98 tons of CO per day for 2010 through 2014 and 94 tons per day of CO 

for 2015 (see 68 FR 43316, July 22, 2003). With respect to these prior EPA-approved MVEBs, the CO 

LMP SIP submittal will not replace the current full maintenance plan and its MVEBs for the time period 

covered by those prior EPA-approved SIP MVEBs. Pursuant to 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 within the timefrarne ofthe transportation plans (i.e., until calendar year 2016). 
Once our transportation conformity adequacy finding is published in the 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 

transportation plan (RTP) or the transportation improvement program (TIP) transportation plan. 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 subsequent rulemaking action on the Fort 

Collins CO LMP SIP revision and should not be used to prejudge EPA's approval or disapproval ofthe 

SIP revision. 

Ifthere are any questions, please contact Tim Russ ofmy staff at (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 

2
 
Enclosure 

Fort Collins Carbon Monoxide Limited Maintenance Plan (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 

subject to a public 

hearing. 

Yes May 25, 2011 Letter from 

Christopher E. Urbina, Exec. 

Director of the Colorado Dept. of 

Public Health and Environment 

(CDPHE) and on behalf of the 

Governor. 

The submittal includes evidence of 

a public 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 

of publication: The Public 

Hearing notice was published in 

the Denver Post on 10/9/1 0 and on 

the AQCC Commission website. 

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 of AQCC 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, if any, 

were addressed. 

Yes The submittal includes parties that 

were involved with the 

development of the maintenance 

plan: North Front Range 

Metropolitan Planning 

Organization (NFRMPO) and the 

City of Fort 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 of the maintenance plan. 

EPA was consulted many times 

during the development of the Fort 

Collins CO LMP and submitted 

comments on draft versions. 

Sec. 93.118(e)(4)(iii) The MVEBs are 

clearly identified 

and precisely 

quantified. 

Yes Table 2, page 5, of the document 

shows emissions for 2008, but 

does not project future emissions. 

Area qualified for and State used 

EPA' s CO Limited Maintenance 

Plan policy which only requires a 

base year of emissions 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 EPA has reviewed the 2008 

emissions inventory on page 5 of 

the LMP and considered the data 

as meeting the requirements of 

EPA's CO LMP policy. 

Sec. 93.118(e)(4)(v) The plan shows a 

clear relationship 

between the 

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 in the 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 

maintenance plan that 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 changes to 

established safety 

margins (see 

93.101 for 

definition), and 

reasons for the 

changes (including 

the basis for any 

changes to 

emission factors or 

estimates of vehicle 

miles traveled). 

approved by EPA on 7/22/03 (68 

FR 43316). EPA has 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. of Health and Environment 

submitted a 611l/10 letter, and the 

City of Fort Collins submitted 

Resolution No. 2010-043 dated 

7/20110; all in support of the 

maintenance plan 

Reviewers: Tim Russ, USEPA, Region 8 Date of Review: June 16, 2011 

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