Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Fort Collins Carbon Monoxide Redesignation to Attainment, Designation of Areas for Air Quality Planning Purposes, and Approval of Related Revisions

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 22, 2003 (Volume 68, Number 140)]
[Rules and Regulations]
[Page 43316-43326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy03-16]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CO-001-0072a; FRL-7522-1]

Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Fort Collins Carbon Monoxide 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: On August 9, 2002, the Governor of Colorado submitted a
request to redesignate the Fort Collins ``moderate'' carbon monoxide
(CO) nonattainment area to attainment for the CO National Ambient Air
Quality Standard (NAAQS). The Governor also submitted a CO maintenance
plan. With the maintenance plan, the Governor submitted revisions to
Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program'', and Colorado's Regulation No. 13 ``Oxygenated Fuels
Program''. In this action, EPA is approving the Fort Collins CO
redesignation request, the maintenance plan, and the revisions to
Regulation No. 11 and Regulation No. 13.

DATES: This direct final rule is effective on September 22, 2003
without further notice, unless EPA receives adverse comments by August
21, 2003. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to: Richard R. Long,
Director, Air and Radiation Program, Mailcode 8P-AR, United States
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
300, Denver, Colorado 80202-2466.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the following
offices:

United States Environmental Protection Agency, Region VIII, Air and
Radiation Program, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466; and,
Air and Radiation Docket and Information Center, United States
Environmental Protection Agency, Room B-108, 1301 Constitution Avenue
(Mail Code 6102T) NW., Washington, DC 20460.

Copies of the State documents relevant to this action are available
for public inspection at: Colorado Air Pollution Control Division,
Colorado Department of Public Health and Environment, 4300 Cherry Creek
Drive South, Denver, Colorado, 80246-1530.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program,
Mailcode 8P-AR, United States Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466,
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' are used we mean the Environmental Protection
Agency.

I. What Is the Purpose of This Action?

In this action, we are approving a change in the legal designation
of the Fort Collins area from nonattainment for CO to attainment, we're
approving the maintenance plan that is designed to keep the area in
attainment for CO for the next 13 years, we're approving changes to the
State's Regulation No. 11 for the implementation of motor vehicle
emissions inspections, and we're approving changes to the State's
Regulation No. 13 for the implementation of the wintertime oxygenated
fuels program.
We originally designated Fort Collins as nonattainment for CO under
the provisions of the 1977 CAA Amendments (see 43 FR 8962, March 3,
1978). On November 15, 1990, the Clean Air Act Amendments of 1990 were
enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), we
designated the Fort Collins area as nonattainment for CO because the
area had been designated as nonattainment before November 15, 1990.
Under section 186 of the CAA, Fort Collins was classified as a
``moderate'' CO nonattainment area with a design value less than or
equal to 12.7 parts per million (ppm), and was required to attain the
CO NAAQS by December 31, 1995. See 56 FR 56694, November 6, 1991.
Further information regarding this classification and the accompanying
requirements are described 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.
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 revisions to Regulation No. 11 and Regulation No. 13.

[[Page 43317]]

II. What Is the State's Process To Submit These Materials to EPA?

Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires States to observe certain
procedural requirements in developing SIP revisions for submittal to
us. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a State to us.
The Colorado Air Quality Control Commission (AQCC) held a public
hearing for the Fort Collins CO redesignation request, the maintenance
plan, and the revisions to Regulation No. 11 and Regulation No. 13 on
July 18, 2002. The AQCC adopted the redesignation request, maintenance
plan, and revisions to Regulation No. 11 and Regulation No. 13 directly
after the hearing. These SIP revisions became State effective September
30, 2002, and were submitted by the Governor to us on August 9, 2002.
We have evaluated the Governor's submittal and have concluded that
the State met the requirements for reasonable notice and public hearing
under section 110(a)(2) of the CAA. As required by 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 submittal was administratively and technically complete.
Our completeness determination was sent on October 11, 2002, through a
letter from Robert E. Roberts, Regional Administrator, to Governor Bill
Owens.

III. EPA's Evaluation of the Fort Collins Redesignation Request and
Maintenance Plan

We have reviewed the Fort Collins CO redesignation request and
maintenance plan and believe that approval of the request is warranted,
consistent with the requirements of CAA section 107(d)(3)(E). 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 standards for carbon monoxide
are 9 parts per million (10 milligrams per cubic meter) for an 8-hour
average concentration not to be exceeded more than once per year, and
35 parts per million (40 milligrams per cubic meter) for a 1-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 standards 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 relevant CO standard over a one-year
period. 40 CFR 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 relevant CO standard during a one-year calendar period, then the
area is in violation of the CO NAAQS. In addition, our interpretation
of the CAA and EPA national policy \1\ has been that an area seeking
redesignation to attainment must show attainment of the CO NAAQS for at
least a continuous two-year calendar period. In addition, the area must
also continue to show attainment through the date that we promulgate
the redesignation in the Federal Register.
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\1\ Refer to EPA's September 4, 1992, John Calcagni policy
memoradum entitled ``Proceduers for Processing requests to
Redisignate areas to Attainment.''
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Colorado's CO redesignation request for the Fort Collins area is
based on an analysis of quality assured ambient air quality monitoring
data that are relevant to the redesignation request. As presented in
Part II, Chapter 1, section B of the State's maintenance plan, ambient
air quality monitoring data for consecutive calendar years 1992 through
2001 show a measured exceedance rate of the CO NAAQS of 1.0 or less per
year, per monitor, in the Fort Collins nonattainment area \2\. All of
these data 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 Aerometric Information and Retrieval System (AIRS)
national database. Further information on CO monitoring is presented in
Part II, Chapter 1, section B of the maintenance plan and in the
State's Technical Support Document (TSD). We have evaluated the ambient
air quality data and have determined that the Fort Collins area has not
violated the CO standard and continues to demonstrate attainment.
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\2\ It is worth noting that the Fort Collins area has never
recorded a violtion of the 1-hour CO NAAQS.
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The Fort Collins nonattainment area has quality-assured data
showing no violations of the CO NAAQS for 1992 and 1993 which are the
years the State used to support the redesignation request. In addition,
data from the most recent consecutive two-calendar-year period (i.e.,
2000 and 2001) also show no violations. Therefore, we believe the Fort
Collins area has met the first component for redesignation:
Demonstration of attainment of the CO NAAQS. We note too that the State
of Colorado has also committed, in the maintenance plan, to continue
the necessary operation of the CO monitor 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 the 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 the
submission of a complete redesignation request.
1. CAA Section 110 Requirements
On December 12, 1983, we approved the Fort Collins CO element
revisions to Colorado's SIP as meeting the requirements of section
110(a)(2) of the CAA (see 48 FR 55284). In addition, we have analyzed
the SIP elements that we are approving as part of this action and we
have determined they comply with the relevant requirements of section
110(a)(2).
The Fort Collins CO element of the Colorado SIP, that we approved
on December 12, 1983 (48 FR 55284), was based on emission reductions
from the Federal Motor Vehicle Control Program (FMVCP), Automobile
Inspection and Readjustment Program, Improved Public Transit, and
Traffic Flow Improvements. The anticipated date for attaining the 8-
hour CO NAAQS was December 31, 1987.
Through a letter dated May 26, 1988, we notified the Governor of
Colorado that the Fort Collins area did not attain the CO NAAQS by the
end of 1987. This

[[Page 43318]]

letter stated that Colorado was to address deficiencies in the SIP and
that the State would also have to address requirements in our
forthcoming post-1987 policy for carbon monoxide.
EPA did not finalize its post-1987 policy for carbon monoxide
because the Clean Air Act (CAA) was amended on November 15, 1990. Fort
Collins was designated nonattainment for CO and was required to attain
the CO NAAQS by December 31, 1995. See 56 FR 56694, November 6, 1991.
2. Part D Requirements
Before the Fort Collins ``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 to 13532, April
16, 1992) provides EPA's interpretations of the CAA requirements for
``moderate'' CO areas that are less than or equal to 12.7 ppm.
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, John
Calcagni memorandum entitled, sbull I11``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), please refer to our discussion below
of sections 187(a)(1) and 187(a)(3), which are provisions of subpart 3
of Part D of the CAA that address 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 Colorado has a fully-approved NSR
program (59 FR 42500, August 18, 1994) that meets the requirements of
CAA section 172(c)(5). The State also has a fully approved Prevention
of Significant Deterioration (PSD) program (59 FR 42500, August 18,
1994) that will apply after our approval of 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.
Information concerning CO monitoring in Colorado is included in the
Monitoring Network Review (MNR) prepared by the State and submitted to
EPA. Our personnel have concurred with Colorado's annual network
reviews and have agreed that the Fort Collins network remains adequate.
In Part II, Chapter 2, section E. of the maintenance plan, the State
commits to the continued operation of the existing CO monitor (along
with the siting of a second CO monitor), according to all applicable
Federal regulations and guidelines, currently and after the Fort
Collins area is redesignated to attainment for CO.
Section 176 of the CAA contains requirements related to conformity.
Although EPA's regulations (see 40 CFR 51.396) 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 Fort Collins, required that the SIP be revised to
include a 1990 base year emissions inventory (CAA section 187(a)(1)),
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)), and
the implementation of an oxygenated fuels program (CAA section
211(m)(1)). How the State met these requirements and our approvals, are
described below:
A. 1990 base year emissions inventory (CAA section 187(a)(1)): The
Governor submitted a 1990 base year emissions inventory for Fort
Collins on December 31, 1992, with revisions being submitted on March
23, 1995. We approved this 1990 base year CO emissions inventory on
December 23, 1996 (see 61 FR 67466).
B. Contingency provisions (CAA section 187(a)(3)): The Governor
submitted a contingency measure, enhanced motor vehicle inspection and
maintenance, on February 18, 1994. We approved this contingency measure
on December 23, 1997 (see 62 FR 67006).
C. Corrections to the Fort Collins basic I/M program (CAA section
187(a)(4)): On January 14, 1994, and June 24, 1994, the Governor
submitted revisions to the Colorado basic I/M program portion of its
SIP which included the program in Fort Collins. We approved these basic
I/M program revisions on March 19, 1996 (see 61 FR 11149).
D. Periodic emissions inventories (CAA section 187(a)(5)): As the
Governor did not submit a complete redesignation request and
maintenance plan before September 30, 1995, a periodic emission
inventory (for calendar year 1993) was required for Fort Collins. On
September 16, 1997, the Governor submitted a SIP revision for a 1993
periodic emission inventory for Fort Collins. We approved this revision
on July 15, 1998 (see 63 FR 38087). On May 10, 2000, the Governor
submitted a subsequent 1996 periodic emission inventory for Fort
Collins. We approved this revision on October 24, 2000 (see 65 FR
63546).
E. Oxygenated fuels program implementation (CAA section 211(m)): To
address the oxygenated fuels requirements of the CAA, the Governor
initially submitted a revision to Colorado's Regulation No. 13 on
November 27, 1992. We approved this revision on July 24, 1994 (see 59
FR 37698). Regulation 13 was again revised, to shorten the oxygenated
fuels program season, and the Governor submitted further revisions to
Regulation No. 13 on September 29, 1995, and December 22, 1995. We
approved these revisions on March 10, 1997 (see 62 FR 10690).

[[Page 43319]]

The most recent changes by the State to Regulation No. 13 to shorten
the oxygenated fuels program season, that affected the Fort Collins
area, were submitted by the Governor on August 19, 1998, in conjunction
with the Colorado Springs CO redesignation to attainment. We approved
these revisions on August 25, 1999 (see 64 FR 46279).

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 SIP revisions for the Fort
Collins CO nonattainment area that were required by the 1990 amendments
to the CAA. In this action, we are also approving the maintenance plan
and revisions to Colorado's Regulation No. 11 and Regulation No. 13 and
the State's commitment to maintain an adequate monitoring network
(contained in the maintenance plan.) Thus, with this final rule to
approve the Fort Collins redesignation request, maintenance plan, and
revisions to Regulation No. 11 and Regulation No. 13, we will have
fully approved the Fort Collins 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 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 Fort Collins, that are further
described in Part II, Chapter 1, sections A.3 of the Fort Collins
maintenance plan, were achieved primarily through the Federal Motor
Vehicle Control Program (FMVCP), a basic motor vehicle inspection and
maintenance (I/M) program, oxygenated fuels, and control of wood
burning emissions.
In general, the FMVCP provisions 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 Fort Collins. For example, EPA promulgated lower hydrocarbon
(HC) and CO exhaust emission standards in 1991, known as Tier I
standards for new motor vehicles (light-duty vehicles and light-duty
trucks) in response to the 1990 CAA amendments. These Tier I emissions
standards were phased in with 40% of the 1994 model year fleet, 80% of
the 1995 model year fleet, and 100% of the 1996 model year fleet.
As stated in Part II, Chapter 1, section A.3 of the maintenance
plan, significant additional emission reductions were realized from
Fort Collins's basic I/M program. Colorado's Regulation No. 11, ``Motor
Vehicle Emissions Inspection Program'', contains a full description of
the requirements for the Fort Collins I/M program. The program requires
biennial inspections of vehicles at independent inspection stations. We
note that further improvements to the Fort Collins area's basic I/M
program, to meet the requirements of EPA's November 5, 1992, (57 FR
52950) I/M rule, were approved by us into the SIP on March 19, 1996 (61
FR 11149).
Oxygenated fuels are gasolines that are blended with additives that
increase the level of oxygen in the fuel and, consequently, reduce CO
tailpipe emissions. Colorado's Regulation 13, ``Oxygenated Fuels
Program'', contains the oxygenated fuels provisions for the Fort
Collins nonattainment area. Regulation 13 requires all Fort Collins-
area gas stations to sell fuels containing a 2.7% minimum oxygen
content (by weight) during the wintertime CO high pollution season. The
use of oxygenated fuels has significantly reduced CO emissions and
contributed to the area's attainment of the CO NAAQS.
Fort Collins has also been implementing the requirements of
Colorado's Regulation No. 4 ``New Wood Stoves and the use of Certain
Woodburning Appliances During High Pollution Days.'' Regulation No. 4
for Fort Collins requires all new wood burning stoves and fireplace
inserts sold to meet both State and Federal emission control standards.
We have evaluated the various State and Federal control measures,
the original 1990 base year emission inventory, and the 1993 and 1996
periodic emission inventories, and believe that the improvement in air
quality in the Fort Collins 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 (hereafter the September 4, 1992 Calcagni
Memorandum).
In this Federal Register action, EPA is approving the maintenance
plan for the Fort Collins CO nonattainment area because we believe, as
detailed below, that the State's maintenance plan submittal meets the
requirements of section 175A and is consistent with our interpretations
of the CAA, as reflected in the documents referenced above. Our
analysis of the pertinent maintenance plan requirements, with reference
to the Governor's August 9, 2002, submittal, is provided as follows:

[[Page 43320]]

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. For the Fort Collins area, the State selected
the emissions inventory approach for demonstrating maintenance of the
CO NAAQS.
The maintenance plan that the Governor submitted on August 9, 2002,
includes comprehensive inventories of CO emissions for the Fort Collins
area. These inventories include emissions from stationary point
sources, area sources, non-road mobile sources, and on-road mobile
sources. The State selected 1992 as the year from which to develop the
attainment year inventory and included interim-year projections out to
2015. More detailed descriptions of the 1992 attainment year inventory
and the projected inventories are documented in the maintenance plan in
Part II, Chapter 2, section A, Table 2 and Table 3, and in 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 1992 attainment year, the interim projected
years, and the final maintenance year of 2015 are provided in Table
III.-1 below.

Table III-1.--Summary of CO Emissions in Tons Per Day for Fort Collins
----------------------------------------------------------------------------------------------------------------
1992 1998 2005 2010 2015
----------------------------------------------------------------------------------------------------------------
Point Sources.................................. 0.7 0.4 0.5 0.6 0.6
Area Sources................................... 13.8 13.9 4.5 4.7 4.8
Non-Road Mobile Sources........................ 9.4 10.5 12.4 14.2 17.0
On-Road Mobile Sources......................... 94.6 80.9 91.3 75.0 71.4
==============
Total...................................... 118.4 105.7 108.8 94.5 93.9
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2. Demonstration of Maintenance--Projected Inventories
As we noted above, total CO emissions were projected forward by the
State for the years 1998, 2005, 2010, and 2015. We note the State's
approach for developing the projected inventories follows EPA guidance
on projected emissions and we believe they are acceptable.\3\ The
projected inventories show that CO emissions are not estimated to
exceed the 1992 attainment level during the time period 1992 through
2015 and, therefore, the Fort Collins area has satisfactorily
demonstrated maintenance.
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\3\ Use of Actual Emissions in Maintenance Demonstrations for
Ozone and Carbon Monoxide (CO) Nonattainment Areas'', signed by D.
Kent Berry, Acting Director, Air Quality Management Division,
November 30, 1993.
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We note in Table III-1 there are significant reductions projected
in years 2005, 2010, and 2015 for area sources. The majority of the
area source projected reductions are from the State's estimates for
less woodburning in future years. We believe this projection of less
woodburning is reasonable in view of the information provided in
Attachment 3 of the State's TSD. Attachment 3 is entitled ``Outdoor Air
Quality Survey, Spring 2002, Report: City of Fort Collins'' and
includes survey data with special emphasis on woodburning and
woodsmoke. Further information on these projected emissions may also be
found in the State's TSD.
3. Changes to Regulation No. 11 and Regulation No. 13 for the
Maintenance Period
As described in Part II, Chapter 2, Section B, of the maintenance
plan, as of January 1, 2004, the Basic I/M program (of Regulation No.
11) and the oxygenated fuels program (Regulation No. 13) will not be a
part of the Federally enforceable SIP for the Fort Collins area. No CO
emission reduction credit for these programs has been taken for the
years 2005, 2010, and 2015 in the maintenance demonstration. The mobile
source emissions presented in Table III-1 also reflect the elimination
of these programs for the Fort Collins area.
The State performed an analysis (Section of the State's TSD
entitled Fort Collins Urban Growth Area Carbon Monoxide Maintenance
Plan Mobile Source Carbon Monoxide Emissions Inventories'') and
determined that both the Basic I/M and the oxygenated fuels program
could be eliminated for the Fort Collins area without jeopardizing
maintenance of the CO NAAQS. This analysis was performed using EPA's
MOBILE6 emission factor model and the latest transportation and
planning data from the North Front Range Transportation and Air Quality
Planning Council's (NFRTAQPC) 2025 transportation plan. The methodology
and analysis were reviewed by us and we have determined they are
acceptable. The results of the modeling were presented in the revised
maintenance plan's ``Table 2.'', and are also included in our Table
III-1 above. Based on our review of the State's analysis, we agree that
the Fort Collins area continues to demonstrate maintenance of the CO
NAAQS and we approve the elimination of the Basic I/M program and
oxygenated fuels program for Larimer County and the Fort Collins area.
4. Monitoring Network and Verification of Continued Attainment
Continued attainment of the CO NAAQS in the Fort Collins area
depends, in part, on the State's efforts to track indicators throughout
the maintenance period. This requirement is met in two sections of the
Fort Collins CO maintenance plan; Part II, Chapter 2, sections E and
F.2.
In Part II, Chapter 2, section E the State commits to continue the
operation of the CO monitor (in Section E, the State commits to site a
second CO monitor) in the Fort Collins area and to annually review this
monitoring network and make changes as appropriate.
In Part II, Chapter 2, section F.2, the State commits to track
mobile sources' CO emissions (which are the largest component of the
inventories) through the ongoing regional transportation planning
process that is done by NFRTAQPC in coordination with the Colorado
Department of Transportation (CDOT), the Colorado Air Pollution Control
Division (APCD), the AQCC, and EPA.
Based on the above, we are approving these commitments as
satisfying the relevant requirements and we note that

[[Page 43321]]

this final rulemaking approval will render the State's commitments
federally enforceable.
5. 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 Part II, Chapter 2, section F of the maintenance plan,
the contingency measures for the Fort Collins area will be triggered by
a violation of the CO NAAQS. (However, the maintenance plan does note
that an exceedance of the CO NAAQS may initiate a voluntary, local
process by the NFRTAQPC and APCD to identify and evaluate potential
contingency measures.)
The APCD, in coordination with the NFRTAQPC and AQCC, will initiate
a subcommittee process to begin evaluating potential contingency
measures no more than 60 days after being notified by the APCD that a
violation of the CO NAAQS has occurred. The subcommittee will present
recommendations to the NFRTAQPC and APCD within 120 days of
notification and the NFRTAQPC and APCD will present recommended
contingency measures to the AQCC within 180 days of notification. The
AQCC will then hold a public hearing to consider the contingency
measures recommended by the NFRTAQPC and APCD, along with any other
contingency measures that the AQCC believes may be appropriate to
effectively address the violation of the CO NAAQS. The necessary
contingency measures will be adopted and implemented within one year
after the violation occurs.
The potential contingency measures are identified in Part II,
Chapter 2, section F, of the Fort Collins CO maintenance plan. As
required by section 175A(d) of the CAA, these include all measures that
were part of the nonattainment area plan that have been removed from
the SIP as part of the redesignation--in this case, the Basic I/M
program as it appeared in Regulation No. 11 prior to July 18, 2002,
with the addition of any on-board diagnostics components as required by
Federal law, and the oxygenated fuels program as it appeared in
Regulation No. 13 prior to July 18, 2002. In addition, the maintenance
plan mentions the following as other possible contingency measures: An
enhanced I/M program, transportation control measures, and mandatory
woodburning restrictions. The maintenance plan indicates that the State
may evaluate other potential strategies to address any future
violations in the most appropriate and effective manner possible.
Based on the above, we find that the contingency measures provided
in the State's Fort Collins CO maintenance plan are sufficient and meet
the requirements of section 175A(d) of the CAA.
6. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, Colorado 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 Part II, Chapter 2, section G of the
Fort Collins CO maintenance plan.
7. Removal of the CAA Section 172(c)(9) Contingency Measure
With the CAA Amendments of 1990, the Fort Collins area was
designated nonattainment for CO and classified as ``moderate'' (see 56
FR 56694, November 6, 1991). As the Fort Collins area was designated
nonattainment for CO, the nonattainment plan provisions of CAA section
172 (among other sections of the CAA) applied. Among other
requirements, CAA section 172(c)(9) required mandatory contingency
measures that were to go automatically into place should the area not
attain the CO standard by its prescribed attainment date of December
31, 1995. In response to this requirement, the Governor submitted a SIP
revision on February 18, 1994, that included an enhanced I/M program as
the identified contingency measure. We approved this contingency
measure, as meeting the requirements of section 172(c)(9) of the CAA,
on December 23, 1997 (see 62 FR 67006).
As the Fort Collins CO nonattainment area attained the CO standard
before December 31, 1995, this contingency measure was never
implemented and is no longer necessary. Should the Fort Collins area
violate the CO standard after being Federally redesignated to
attainment, the contingency measures identified in Part II, Chapter 2,
section F, and their implementation mechanism, are considered by us to
be sufficient. Therefore, we are removing the identified contingency
measure from the SIP that we had previously approved on December 23,
1997 (see 62 FR 67006).

IV. 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.
Part II, Chapter 2, section D and Table 4 of the maintenance plan
define the CO motor vehicle emissions budgets in the Fort Collins CO
attainment/maintenance area as 99 tons per day for 2005 through 2009,
98 tons per day for 2010 through 2014, and 94 tons per day for 2015 and
beyond.
The transportation conformity motor vehicle emissions budgets were
derived by taking the difference between the attainment year (1992)
total emissions and the projected future years' total emissions. This
difference is the ``safety margin,'' part or all of which may be added
to projected mobile sources CO emissions to arrive at a motor vehicle
emissions budget to be used for transportation conformity purposes. The
safety margins, less one ton per day, were added to projected mobile
sources CO emissions for 2005, 2010, and 2015. The derivation and
determination of safety margins and motor vehicle emissions budgets for
the Fort Collins CO maintenance plan is further illustrated in Table
IV-1 below and in Part II, Chapter 2, Table 4 of the maintenance plan:

[[Page 43322]]

Table IV-1: Mobile Sources Emissions, Safety Margins, and Motor Vehicle Emissions Budgets in Tons of CO Per Day
(TPD)
----------------------------------------------------------------------------------------------------------------
Mobile sources Total Motor vehicle
Year emissions emissions Math Margin of emissions
(TPD) (TPD) safety (TPD) budget (TPD)
----------------------------------------------------------------------------------------------------------------
1992......................... 95 118 ................. N/A N/A
2005......................... 91 109 118-109 = 9 8 99
.............. .............. 9-1 = 8..........
.............. .............. 91+8 = 99........
2010......................... 75 94 118-94 = 24 23 98
.............. .............. 24-1 = 23........
.............. .............. 75+23 = 98.......
2015......................... 71 94 118-94 = 24 23 94
.............. .............. 24-1 = 23........
.............. .............. 71+23 = 94 ......
----------------------------------------------------------------------------------------------------------------
Note: N/A = Not Applicable.

Our analysis indicates that the above figures are consistent with
maintenance of the CO NAAQS throughout the maintenance period.
Therefore, we are approving the 99 tons per day for 2005 through 2009,
98 tons per day for 2010 through 2014, and 94 tons per day for 2015 and
beyond, CO emissions budgets for the Fort Collins area.
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 Fort Collins CO budgets 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 Colorado APCD on January 15,
2003, and was announced in the Federal Register on February 4, 2003 (68
FR 5638). As a result of this adequacy finding, the budgets took effect
for conformity determinations in the Fort Collins area on February 19,
2003. However, we are not bound by that determination in acting on the
maintenance plan.
In addition to the above, the State has made a commitment regarding
transportation conformity, in Part II, Chapter 2, section D of the
maintenance plan. Because informal roll-forward analyses, prepared by
the State, indicate that the 2015 CO emissions budget may be exceeded
by 2030, the State has committed to the re-implementation of the Basic
I/M program (with any Federally required on-board diagnostic tests) for
the Fort Collins area in 2026. This commitment by the State is included
in the maintenance plan for purposes of 40 CFR 93.122(a)(3)(iii), which
provides that emissions reduction credit from such programs may be
included in the transportation conformity emissions analysis if the
maintenance plan contains such a written commitment. We agree with this
interpretation of 40 CFR 93.122(a)(3)(iii) and are making this State
commitment Federally enforceable with our approval of the Fort Collins
CO maintenance plan.

V. EPA's Evaluation of the Regulation No. 11 Revisions

Colorado's Regulation No. 11 is entitled ``Motor Vehicle Emissions
Inspection Program''. In developing the Fort Collins CO maintenance
plan, the State evaluated a number of options for revising the current
motor vehicle emissions inspection program. The final decision, based
on the use of our Mobile6 emission factor model, was to eliminate the
Basic I/M program from the Federal SIP beginning on January 1, 2004. A
description of the State's process for the evaluation of potential
options for Regulation No. 11 is found in Part I, Chapter 2, section B
of the Governor's submittal. We note that Part I, Chapter 2 is only for
informational purposes and was not submitted as a revision to the SIP.
Part II, Chapter 2, is the maintenance plan that we are approving and
it reflects the AQCC-adopted revisions, as an amendment to the SIP, to
Regulation No. 11. These revisions to Regulation No. 11 were submitted,
as a separate revision to the SIP, for our approval in conjunction with
redesignation request and maintenance plan.
The revisions adopted by the AQCC on July 18, 2002, and submitted
by the Governor on August 9, 2002, remove the Fort Collins area
component of the Colorado automobile inspection and maintenance program
(``AIR Program'') from the Federally-approved SIP, but does not make
any change in the State laws implementing the program. This means that
the ``AIR Program'' for the implementation of the Basic I/M program
will remain in full force and effect as a State-only program under
State laws, but it will not be Federally-enforceable after January 1,
2004. The maintenance plan reflects this change in Regulation No. 11 in
that the mobile source CO emissions were calculated without the CO
emissions reduction benefit of a Basic I/M program starting in 2004 and
continuing through 2015. We note that even with the elimination of the
Basic I/M program and the elimination of the Oxygenated Fuels Program,
discussed below, for the Fort Collins area beginning on January 1,
2004, the area was still able to meet our requirements to demonstrate
maintenance of the CO standard through 2015.
We have reviewed and are approving these State-adopted changes to
Regulation No. 11.

VI. EPA's Evaluation of the Regulation No. 13 Revisions

Colorado's Regulation No. 13 is entitled ``Oxygenated Fuels
Program'' (hereafter referred to as Regulation No. 13). The purpose of
this regulation is to reduce CO emissions from gasoline powered motor
vehicles in the Fort Collins area through the wintertime use of
oxygenated gasolines. Section 211(m) of the CAA originally required the
State to implement an oxygenated fuels program in the Fort Collins
area. Section 211(m) states that the oxygenated fuels program must
cover no less than a four month period each year unless EPA approves a
shorter period. We can approve a shorter implementation period if a
State submits a demonstration that a reduced implementation period will
still assure that there will be no exceedances of the CO NAAQS outside
of this reduced period. This was done previously when we approved
revisions to Regulation No. 13 for the Denver area that shortened the
oxygenated fuels season and

[[Page 43323]]

oxygenate content (see 62 FR 10690, March 10, 1997 and 64 FR 46279,
August 25, 1999). When an area is redesignated to attainment, the
oxygenated fuels program may be further shortened or eliminated
entirely as long as the State is able to show the program is not needed
to demonstrate maintenance of the CO NAAQS (see 65 FR 80779, December
22, 2000).
In developing the Fort Collins CO maintenance plan, the State
evaluated options for revising the current oxygenated gasoline program.
A description of the State's process for the evaluation of potential
options for Regulation No. 13 is found in Part I, Chapter 2, section B
of the Governor's August 9, 2002, submittal. We note that Part I,
Chapter 2 is only for informational purposes and was not submitted as a
revision to the SIP. Part II, Chapter 2, is the maintenance plan that
we are approving and it reflects the AQCC-adopted revisions, as an
amendment to the SIP, to Regulation No. 13. These revisions to
Regulation No. 13 were submitted, as a separate revision to the SIP,
for our approval in conjunction with the redesignation request and
maintenance plan.
The current EPA-approved oxygenated gasoline program for the Fort
Collins area has the following three requirements: (1) The control
period is from November 1st through February 7th of each winter season,
(2) an oxygen content of at least 2.0% by weight is required from
November 1st through November 7th, (3) and an oxygen content of at
least 2.7% by weight is required from November 8th through February
7th.
In conjunction with the submittal of the Fort Collins CO
maintenance plan, the State of Colorado is seeking EPA's approval of
revisions to Regulation No. 13 that would eliminate the oxygenated
fuels program for the Fort Collins area beginning on January 1, 2004.
As we discussed above, and as presented in Part II, Chapter 2,
Table 2 of the maintenance plan, the removal of the CO emission
reductions associated with the implementation of Regulation No. 13 were
incorporated by the State into the emission projections, using our
Mobile6 emissions model, beginning in 2004 and were projected through
the final maintenance year of 2015. Even with the elimination of both
Regulation No. 11 and Regulation No. 13 for the Fort Collins area
starting in 2004, maintenance of the CO NAAQS was successfully
demonstrated.
In addition to the revision noted above for the Fort Collins area,
the State made several other minor changes to Regulation No. 13 that
were also adopted by the AQCC at the July 18, 2002, public hearing.
These changes involved: (1) Section I.D.--the deletion of several out-
dated definitions and the addition of necessary definitions for the
newly-created Broomfield County, (2) section II. A.--Greeley changes
and the addition of Broomfield County, (3) sections II. B and II. C.--
the deletion of the previous Denver area's maximum blending
requirement, (4) section II. D.--, the removal of the obsolete ``Pre-
Program Registration Requirements'' (dating from 1995) for the Denver
area, and (5) section III. G.--changes to the State's ``Statement of
Basis and Purpose''. We note, though, EPA does not Federally approve
the State's ``Statement of Basis and Purpose.''
We have reviewed these changes to Regulation No. 13, that the State
adopted on July 18, 2002, and the Governor submitted on August 9, 2002.
We are approving these revisions as they are consistent with
maintenance of the CO NAAQS for the Fort Collins area and meet the
requirements of section 211(m) of the CAA.

VII. 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. As stated above, the Fort Collins area has shown continuous
attainment of the CO NAAQS since 1992 and has met the applicable
Federal requirements for redesignation to attainment. The maintenance
plan and associated SIP revisions to Colorado's Regulation No. 11 and
Regulation No. 13 will not interfere with attainment, reasonable
further progress, or any other applicable requirement of the CAA.

VIII. Final Action

In this action, EPA is approving the Fort Collins carbon monoxide
redesignation request, maintenance plan, and the revisions to
Regulation No. 11 and Regulation No. 13.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 22,
2003 without further notice unless the Agency receives adverse comments
by August 21, 2003.
If EPA receives such comments, then we will publish a timely
withdrawal of the direct final rule informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on September 22, 2003 and no further action will
be taken on the proposed rule.

Statutory and Executive Order Reviews

(a) Executive Order 12866, Regulatory Planning and Review

The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

(b) Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must
approve all ``collections of information'' by EPA. The act defines
collection of information'' as a requirement for ``answers to identical
reporting or recordkeeping requirements imposed on ten or more
persons'' 44 U.S.C. 3502(3)(A). The Paperwork Reduction Act does not
apply as 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 Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements, but simply approve requirements that the State is already
imposing. Therefore, because the SIP final approval does not create any
new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.

[[Page 43324]]

Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2). Redesignation of an area to attainment under
sections 107(d)(3)(D) and (E) of the Clean Air Act does not impose any
new requirements. Redesignation to attainment is an action that affects
the legal designation of a geographical area and does not impose any
regulatory requirements. Therefore, because the final approval of the
redesignation does not create any new requirements, I certify that the
final approval of the redesignation request will not have a significant
economic impact on a substantial number of small entities.

(d) Unfunded Mandates Reform Act

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

(e) Executive Order 13132, Federalism

Executive Order 13132, Federalism (64 FR 43255, August 10, 1999)
revokes and replaces Executive Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental Partnership). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that 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.'' Under Executive Order 13132, EPA may
not issue a regulation that has federalism implications, that imposes
substantial direct compliance costs, and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or EPA consults with State and local officials early in
the process of developing the proposed regulation. EPA also may not
issue a regulation that has federalism implications and that preempts
State law unless the Agency consults with State and local officials
early in the process of developing the proposed regulation.
This rule will 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, because it
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. In addition,
redesignation of an area to attainment under sections 107(d)(3)(D) and
(E) of the Clean Air Act does not impose any new requirements. Thus,
the requirements of section 6 of the Executive Order do not apply to
this rule.

(f) Executive Order 13175, Coordination With Indian Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
This final rule does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, 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 in
Executive Order 13175. This action does not involve or impose any
requirements that affect Indian Tribes. Thus, Executive Order 13175
does not apply to this final rule.

(g) Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.

(h) Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

This rule is not subject to Executive Order 13211 ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

(i) National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

(j) Congressional Review Act

The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by

[[Page 43325]]

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.
section 804(2). This rule will be effective September 22, 2003 unless
EPA receives adverse written comments by August 21, 2003.

(k) Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 22, 2003. 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 Clean Air
Act.))

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: June 23, 2003.
Robert E. Roberts,
Regional Administrator, Region VIII.

? Parts 52 and 81, title 40, chapter I, of the Code of Federal
Regulations are amended as follows:

PART 52--[AMENDED]

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

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

Subpart G--Colorado

? 2. Section 52.320 is amended by adding paragraph (c)(99) to read as
follows:

Sec. 52.320 Identification of plan.

* * * * *
(c) * * *
(99) On August 9, 2002, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP for the
implementation of a motor vehicle inspection and maintenance program in
Larimer County (which includes the Fort Collins area) after January 1,
2004. On August 9, 2002, the Governor also submitted SIP revisions to
Colorado's Regulation No. 13 ``Oxygenated Fuels Program'' that
eliminate the oxygenated fuel requirements for Larimer County (which
includes the Fort Collins area) after January 1, 2004, and make changes
to sections I.D., II.A., II.B., II.C., II.D., II.E., II.F., II.G., and
II.H. On August 9, 2002, the Governor also submitted SIP revisions to
Colorado's State Implementation Plan Specific Regulations for
Nonattainment and Attainment/Maintenance Areas (Local Elements) that
eliminate Clean Air Act section 172(c)(9) carbon monoxide contingency
measures for the Fort Collins area. We originally approved these
contingency measures on December 23, 1997, and our approval was
codified in paragraph (c)(71) of this section.
(i) Incorporation by reference.
(A) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program'', 5 CCR 1001-13, Part A.I, as adopted on July 18, 2002, and
effective September 30, 2002.
(B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
except for section III, as adopted on July 18, 2002, effective
September 30, 2002, which supersedes and replaces all prior versions of
Regulation No. 13.

? 3. Section 52.349 is amended by adding paragraph (h) to read as
follows:

Sec. 52.349 Control strategy: Carbon monoxide.

* * * * *
(h) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS Redesignation Request and Maintenance Plan for Fort
Collins entitled ``Carbon Monoxide Redesignation Request and
Maintenance Plan for the Fort Collins Area,'' excluding Part I--Chapter
1 and Part I--Chapter 2, as adopted by the Colorado Air Quality Control
Commission on July 18, 2002, State effective September 30, 2002, and
submitted by the Governor on August 9, 2002.

PART 81--[AMENDED]

? 1. The authority citation for part 81 continues to read as follows:

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

? 2. In Sec. 81.306, the table entitled ``Colorado-Carbon Monoxide'' is
amended by revising the entry for ``Fort Collins Area'' to read as
follows:

Sec. 81.306 Colorado.

* * * * *

Colorado--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Fort Collins Area:
Larimer County (part) Sept. 22, 2003.... Attainment........
Fort Collins Urban
Growth Area Boundary as
adopted by the City of
Fort Collins and the
Larimer County
Commissioners and in
effect as of July 30,
1991.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

[[Page 43326]]

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[FR Doc. 03-18303 Filed 7-21-03; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Fort Collins Carbon Monoxide Redesignation to Attainment, Designation of Areas for Air Quality Planning Purposes, and Approval of Related Revisions

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