HomeMy WebLinkAbout20040392 RESOLUTION
RE: APPROVE EARLY ACTION COMPACT FOR OZONE AND AUTHORIZE CHAIR TO
SIGN AMENDMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Denver metro area is voluntarily participating in the U. S. Environmental
Protection Agency's Early Action Compact (EAC) Protocol process for the express purpose of
deferring the effective date of a non-attainment designation of the Denver area if a violation of the
8-hour ozone National Ambient Air Quality Standards (NAAQS) occurs in the future, and
WHEREAS, through a letter from the Colorado Department of Public Health and
Environment("State Health Department"),dated January 7,2004,the Board has been presented
with an Amendment to the Early Action Compact for Ozone(EAC)--Front Range Metropolitan Area,
which includes the Counties of Elbert, Larimer, Morgan, and Weld, and the previously excluded
portions of Adams, Arapahoe, and Boulder Counties, and
WHEREAS,although the Board understands the rationale behind the EAC,it is concerned
that:
a. The inclusion of all of Weld County in the proposed boundary for the non-attainment
area for the 8-hour ozone NAAQS appears to be based upon data collected from a
single monitor without consideration as to how such data may have been affected
by sources in close proximity, and without further monitoring at other locations
around Weld County,leaving the suspicion that Weld County need not be included
in the proposed non-attainment boundary, and
b. Modeling work explained by the State Health Department with regards to Weld
County appears to not adequately account for ozone produced either naturally or
from counties other than Weld, thereby not firmly establishing that the sources of
volatile organic compounds("VOC's")in Weld County identified by the State Health
Department are the cause of increased ozone levels monitored at the Weld County
Tower, and, therefore, in need of regulation, and
c. The proposed requirement of oil and gas production facilities in Weld County to
include mechanisms to reduce or eliminate the production of VOC's seems likely to
have a negligible effect on the overall level of ozone found in front range counties at
a high cost to the oil and gas industry, and
d. The cost of such mechanisms and their installation most likely will be claimed as
deductible expenses for property taxes paid by oil and gas firms,thereby reducing
property tax revenues to Weld County and the various special districts in the County,
and reducing royalty payments to private oil and gas royalty owners. and
WHEREAS, after review,the Board deems it advisable to become a party to the EAC and
approve said Amendment, copies of which are attached hereto and incorporated herein by
reference.
2004-0392
j1/24-)24/ Cie. : 64 HL0031
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EARLY ACTION COMPACT FOR OZONE
PAGE 2
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the EAC, as amended, be, and hereby is, approved, under the following
understanding:
1. That adequate modeling be performed by the State Health Department to truly
identify VOC's being produced in Weld County and the effect such VOC's have on
ozone along the front range,and including monitoring and modeling to assure that
VOC's are not coming into the front range area from Wyoming.
2. That in creating the State Implementation Plan,the Colorado Air Quality Commission
consider the potential economic impact to the oil and gas industry,Weld County and
the various school districts in Weld County,of the proposed requirement of oil and
gas production facilities to include mechanisms to reduce or eliminate the
production of VOC's.
3. That the area of Weld County to be included in the proposed non-attainment
boundary be reduced to the area proven by adequate modeling to be creating the
VOC's.
4. That the State of Colorado,through its budgetary process,provide"backfill"monies
to Weld County and those special districts within the County which may be
adversely affected by the loss of tax revenues from oil and gas production due to the
requirement of the installation of mechanisms to reduce or eliminate the production
of VOC's.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: fatek, / �ilsa (AYE)
. Robert D. Masden, Chair
Weld County Clerk to =8 np
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S:ef. / :r William H. J ke, Pro-Tem
BY:
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Date of signature:
2004-0392
HL0031
NOTICE
On Wednesday, January 28, 2004, the Board of County Commissioners of Weld County,
Colorado,will consider approval of and authorization for the Chairman to sign an Amendment to the
Early Action Compact for Ozone ("EAC"), which would make Weld County a party to the EAC.
Such consideration will take place during the Board's regular business meeting to be held in the
Chambers of Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at
the time specified.
The Amendment and the EAC may be examined in the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado. The public is welcome to attend the business meeting and give comments. E-Mail
comments sent to an individual Commissioner may not be included in the information for Board
consideration. To ensure consideration of your E-Mail correspondence,please send a copy
to charding@co.weld.co.us.
DOCKET NUMBER: #2004-15
DATE: January 28, 2004
TIME: 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 16, 2004
PUBLISHED: January 22, 2004, in the South Weld Sun
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PLANNER Sheri Lockman
THE EARLY ACTION COMPACT FOR OZONE
Front Range Metropolitan Area
AMENDMENT
The EAC signed in December 2002 applies to the Denver Metropolitan
Attainment/Maintenance area for the 1-hour ozone national ambient air quality standard
(Adams and Arapahoe counties west of Kiowa Creek, Boulder County excluding RMNP,
Broomfield, Denver, Douglas and Jefferson Counties). On December 3, 2003, EPA proposed
the boundaries of the nonattainment area for the 8-hour ozone national ambient air quality
standard to include all portions of the above mentioned counties plus the Counties of Elbert,
Larimer, Morgan and Weld. EPA intends to publish a final decision designating the
boundaries of the 8-hour nonattainment area on or about April 15, 2004.
The EAC is hereby amended to include the Counties of Elbert, Larimer, Morgan and Weld,
and the previously excluded portions of Adams, Arapahoe and Boulder Counties. This
expanded EAC attempts to minor the proposed 8-hour ozone area to referred to above, even
though the nonattainment boundary may change with EPA's final boundary decision.
In addition to the original signatories, the Chairs of the Boards of County Commissioners for
the Counties of Elbert, Larimer, Morgan, and Weld are the additional signatories for the
Compact.
Name Affiliation Signature/Date
Jim Scherer, Denver Regional Air Quality �/
Chairman Council (—�3 '.2-O°/
Robert E. Brady, Jr., Colorado Air Quality Control ?"-:-Alwa—te QQ fj
Chairman Commission G ' / -2z
Douglas H. Benevento, Colorado Department of Public
Executive Director Health and Environment J
•
Thomas Norton, Colorado Department of -10
Executive Director Transportation l ®iral1_S: Bit_ /en-a`/
Melanie Worley, Denver n Regional n Council of r V-t� 01 N W /�_ a
Chairman Governments Y �' ! �f'� k'..�-l/(/JXr� Z/d ¢
Robert E. Roberts, U.S. Environmental Protection
Regional Administrator Agency, Region 8
Rob Masden, Board of County Commissioners
Chair Weld County � al 4/O4-
Kathay Rennels Board of County Commissioners
Chair Larimer County /me/ ,�'�u� j ao-ol/
Stephen F. Stutz Board of County Commissioners _ //
Chair Elbert County �, '� /� ,sy�ir /-,2/499
Board of County Commissioners /
Chair Morgan County
•
STATE OF COLORADO
Bill Owens,Governor
Douglas H.Benevento,Executive Director oe•cozo
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr.S. Laboratory Services Division +f *
Denver,Colorado 80246-1530 8100 Lowry Blvd. 'iB7 '
Phone(303)692-2000 Denver,Colorado 80230-6928
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
January 7, 2004
•
Rob Masden, Chair _
Board of County Commissioners U
Weld County H�
P.O. Box 758
Greeley, CO 80632
Dear Commissioner Masden:
Please consider this letter of invitation as our formal request for Weld County to become a partner in
the Ozone Early Action Compact(EAC), which is a joint planning effort to address ozone problems
in the Front Range. The EAC represents a new approach to dealing with air quality problems in a
way we believe is more protective of the health of the citizens in this area while providing more
flexibility for planning decisions. I have attached a copy of this Compact for your information and
review and would like to explain why we believe it would be valuable for your County to join in this
planning effort.
You are probably aware that during the summer of 2003, monitors located in Jefferson and Douglas
counties showed violations of the new Federal 8-hour ozone standard. Additionally, monitors in
Larimer County(next to Rocky Mountain National Park) and in Greeley are close to violating the
standard as well. While last summer's ozone levels were some of the highest we have recorded in
nearly twenty years, all previous summers' data showed significant levels of ozone on a number of
days, bringing us very close to violating the Federal ozone standard. In anticipation of the
possibility of violating the ozone standard, the counties of Jefferson, Adams, Arapahoe, Douglas,
Boulder, Broomfield, and Denver became parties to a joint air quality planning compact, the EAC,
which was submitted to EPA on December 31, 2002. The Regional Air Quality Council (RAQC)
represents these counties for air quality planning purposes. This council, along with the Denver
Regional Council of Governments (DRCOG), the Colorado Air Quality Control Commission
(AQCC), the Colorado Department of Transportation (CDOT), the Environmental Protection
Agency(EPA), and the Colorado Department of Public Health and Environment (CDPHE)became
the signatories to the EAC.
At the time the EAC was developed, the State and EPA Region 8 were not aware that an ozone non-
attainment boundary might be set in anticipation that the EAC might fail. In October, EPA
Headquarters notified all regional offices that all EAC areas must be proposed for designation to
non-attainment with a specified boundary. The key criteria used to propose the boundary include
counties that are in exceedance of the 8-hour ozone standard and counties that have emissions
sources that cause or contribute to the formation of ozone. This proposed designation occurred on
December 3, 2003 and Weld, Morgan, Larimer and Elbert counties were identified as areas that may
cause or contribute to the ozone problem. The inclusion of these areas was driven by emissions
inventory data, monitoring data, and air shed topography and meteorology. Since these counties are
not signatories to the current EAC, they are vulnerable to being classified as non-attainment and do
not enjoy the protections afforded to the signatories. Areas that are not protected by the EAC,
but are within the non-attainment boundary, will automatically be declared in non-attainment
on April 15, 2004. All areas that are signatories to the EAC will have a deferred non-
attainment status until the end of 2007.
What does the EAC commit us to? The EAC requires us to perform complex modeling to predict
future ozone levels as well as evaluate any necessary controls to reduce ozone in the future. These
ozone controls must be implemented by the end of 2005. If adopted by the AQCC, the legislature
must then adopt the plan and the Governor must submit it to EPA before the end of 2004. If the plan
cannot be finalized and submitted to EPA, the areas will automatically be designated as non-
attainment and the standard planning processes will begin.
We believe that there is no downside to joining the EAC at this point since it prevents your county
from being designated as non-attainment and thus avoids several restrictive requirements in your
county. If your county were to be designated as non-attainment, the sale of lower volatility gasoline
would be mandatory, the more stringent"New Source Review"provisions would apply for certain
stationary sources seeking new permits, and the conformity rules affecting transportation projects
and plans will take effect and will remain in force for all future transportation planning regardless of
the future status of the designation. If the EAC fails,we will all be faced with these issues and must
adopt a traditional "State Implementation Plan". We believe the EAC approach makes the most
sense for all the involved areas.
In addition to joining and participating in the Compact,the discussions on the size of the non-
attainment boundary and which counties should be in or out of the non-attainment area must occur
this month. I am inviting you to provide your input on this matter directly to me by January 23`d so
that recommendations can be forwarded to the Governor's office by January 30t. The Governor
must then submit recommendations on the boundary to the EPA by February 6th
Please feel free to call me if you have any questions about this at 303-692-3115 or Michael
Silverstein of my staff at 303-692-3113. We anticipate having all the counties interested in
becoming part of the EAC signed up by February 9, at which time we will be sending EPA our letter
recommending any changes to their proposed non-attainment boundary. EPA will make a final
decision on the actual non-attainment boundary on April 15 and after that, the die is cast.
Sincerely,
L1W AthiL6)
Margie Perkins
Director, Air Pollution Control Division
Colorado Department of Public Health and Environment
cc: Trevor Jiricek, Weld County(same address)
Don Warden, Director of Finance and Administration, Weld County(same address)
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THE EARLY ACTION COMPACT FOR OZONE
Denver Metropolitan Area
BACKGROUND INFORMATION
The Denver Metropolitan Area's Early Action Compact
The Denver metro area is volunteering to participate in the U.S. Environmental
Protection Agency's (EPA) Early Action Compact (EAC) Protocol process for the
express purpose of deferring the effective date of a nonattainment designation for the
Denver area if a violation of the 8-hour ozone NAAQS occurs in the future. The
following presents information on the federal ozone standards, the EAC requirements,
and the commitments by all parties to implement the EAC.
The National Ozone Standards
The Federal Clean Air Act (CAA) is the comprehensive law that regulates airborne
emissions from area, mobile, and stationary sources nationwide. This law authorizes
the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public
health and the environment. The EPA currently has two NAAQS for ozone, the 1-hour
peak standard and the 8-hour standard.
The 1-Hour Standard and the Denver Metropolitan Area
An area must have a monitored hourly peak ozone concentration below 0.125 parts per
.. million (ppm) to meet the 1-hour ozone standard: If an area exceeds the standard more
than three times in three years, it is subject to a nonattainment designation. The
Denver metro area has not violated the 1-hour standard since 1988, and the area was
redesignated to attainment for the 1-hour ozone NAAQS on September 11, 2001
(effective October 11, 2001).
The 8-Hour Standard and the Denver Metropolitan Area
The 8-hour standard is set at a level of 0.08 ppm (or 80 parts per billion) averaged over
an eight hour period. To take into account extreme and variable meteorological
conditions that can influence ozone formation, a violation of the standard occurs when
the three-year average of the fourth maximum values at a monitor exceeds the federal
standard. Due to rounding of monitoring values, a violation occurs when the three-year
1
•
average is equal to or greater than 0.085 ppm. During the past several years, public
education, outreach and voluntary measures have been implemented in the Denver
area as ozone concentrations have approached and occasionally exceeded the value
permitted by the 8-hour ozone NAAQS. Based on the 2000-2002, 3-year average, the
Denver region currently attains the 8-hour ozone NAAQS.
On November 14, 2002, the EPA announced that each State Governor and Tribal Chief
or Leader submit designations, based on the 2000-2002 monitoring data, for the 8-hour
NAAQS by April 15, 2003. For the Denver Metropolitan Area, these data demonstrate
attainment with the standard. The Colorado Air Quality Control Commission (AQCC)
will review these data at a public hearing on February 20, 2003 and is expected to adopt
an attainment designation for the Denver area. It is also anticipated that the Governor
will submit this designation to EPA in the first quarter of 2003. Metro Denver's highest
three-year average of the 4th maximum concentrations for the 2000-2002 period is
0.084 ppm (Rock Flats North site). The second and third highest three-year averages
for the 2000-2002 period are 0.082 ppm (National Renewable Energy Laboratory) and
0.080 ppm (Chatfield Reservoir site). There are six other monitoring sites in the Denver
area, all with three-year average concentrations less than 0.085 ppm. The EPA will
also consider the 2003 monitoring data when promulgating the designations by April
2004.
While the region currently attains the 8-hour standard, the Denver area is extremely
close to the standard. For this reason, it is the State of Colorado's desire to develop
and implement an EAC in order to avoid a nonattainment designation if the area violates
the 8-hour ozone NAAQS in the future.
Protocol for Early Action Compacts
The EPA developed the Protocol for Early Action Compacts (EAC Protocol) on June 19,
2002, supplemented on October 18, 2002. The protocol establishes a two-step process
that offers a more expeditious time line for achieving clean air than expected under
EPA's 8-hour implementation rulemaking in exchange for relief from certain provisions
of the nonattainment requirements. The EAC Protocol allows a region to enter into a
memorandum of agreement (MOA) by December 31, 2002, committing to develop and
implement a detailed technical plan to reach attainment by 2007.
2
The principles of the EAC Protocol to be executed by Local, State and EPA officials are:
• Early planning, implementation, and emission reductions leading to expeditious
attainment and maintenance of the 8-hour ozone standard;
• Local area control of the measures to be employed, with broad-based public
input;
• State support to ensure technical integrity of the early action plan;
• Formal incorporation of the early action plan into the SIP;
• Deferral of the effective date of nonattainment designation and related
requirements so long as all terms and milestones are met; and
• Safeguards to return areas to traditional SIP requirements should terms and/or
milestones be unfulfilled, with appropriate credit given for emission reduction
measures implemented.
EAC Protocol Versus Traditional Nonattainment
The primary differences between the process outlined in the EAC Protocol and the
traditional nonattainment area process are:
• EAC Protocol is designed to achieve clean air sooner than expected under the
traditional nonattainment process'.
• EAC Protocol ensures deferral of the effective date of nonattainment designation
and related requirements, as long as EAC terms and milestones are met. This
would alleviate any stigma associated with a nonattainment designation.
• Transportation conformity and nonattainment area New Source Review
permitting requirements would not take effect under an EAC Protocol.
Should any milestones be missed in designing or implementing the EAC, the region will
forfeit its participation in the EAC and will revert to traditional nonattainment/attainment
requirements based on the latest quality assured monitoring data. Appropriate credit
will be given for emission reduction strategies already implemented.
Under the traditional nonattainment process, emissions reduction strategies are unlikely to be
implemented before 2007. Under the EAC Protocol, emissions reduction strategies will be fully
implemented by 2005.
3
The Area Encompassed by the EAC
The EAC encompasses the Denver Metropolitan Attainment/Maintenance area for the
1-hour ozone NAAQS, as described in 40 CFR 81.306. This area includes the City and
County of Denver, Boulder County excluding Rocky Mountain National Park, Jefferson
County, Douglas County, the City and County of Broomfield, and Adams and Arapahoe
Counties west of Kiowa Creek.
Signatories and Their Responsibilities
The entities that will sign this EAC are: the Chairman of the Denver Regional Air
Quality Council (RAQC), the Chairman of the AQCC, the Executive Director of the
Colorado Department of Public Health and Environment (CDPHE), the Executive
Director of the RAQC, the Chairman of the Denver Regional Council of Governments
(DRCOG), the Executive Director of the Colorado Department of Transportation
(CDOT), and the Regional Administrator of EPA Region 8. The development and
implementation of this EAC will follow the Denver region's established air quality
planning and regulatory adoption process. The DRCOG will provide necessary socio-
economic and transportation assumptions and data sets. The Air Pollution Control
Division (APCD) will develop the technical information and will provide policy analyses
to support the EAC. The RAQC will recommend the appropriate emission control
programs and assist with developing the technical and administrative information. All
revisions to the State Implementation Plan (SIP) that result from the EAC will be subject
to review and approval by the AQCC. The public will be provided opportunity to
participate throughout the planning and adoption processes before the RAQC and the
AQCC. EPA Region 8 will provide technical and policy support as well as review and
approval of all submitted information supporting the EAC.
4
THE EARLY ACTION COMPACT FOR OZONE
Denver Metropolitan Area
MEMORANDUM OF AGREEMENT
This Early Action Compact (EAC) is a Memorandum of Agreement between the
Colorado Department of Public Health and Environment, the Denver Regional Air
Quality Council, the Colorado Air Quality Control Commission, the Denver Regional
Council of Governments, the Colorado Department of Transportation, and EPA
Region 8. It is for the express purpose of deferring the effective date of a nonattainment
designation for the Denver area if a violation of the 8-hour ozone NAAQS occurs in the
future in exchange for earlier than required compliance with the ozone NAAQS. This
agreement sets forth a schedule for the development of technical information and the
adoption and implementation of the necessary control measures into the SIP in order to
comply with the 8-hour ozone standard by December 31, 2007, and maintain the
standard beyond that date. This agreement does not impose any air quality control
measures on the Denver area. Failure to meet the obligations of this agreement, listed
' below, will result in immediate reversion to the traditional nonattainment process.
A. The signatory parties commit to develop, implement and maintain the EAC
according to EPA Protocol for Early Action Compacts issued June 19, 2002, and
adhere to all terms and conditions stated in the guidelines. See Appendix A for
EPA's "Protocol for Early Action Compacts Designed to Achieve and Maintain the
8-Hour Ozone Standard" as supplemented in a letter dated October 18, 2002,
from Gregg Cooke, EPA, to Robert Huston, Texas Commission on
Environmental Quality".
B. If the region does not meet all the terms of the EAC, including meeting agreed-
upon milestones, then it will forfeit its participation and may be designated, if
applicable, to nonattainment according to EPA's 8-hour ozone implementation
rules.
5
C. Before formal adoption of the Ozone Action Plan into the SIP, this agreement
may be modified or terminated by mutual consent of all signatory parties, or any
party may withdraw from the agreement. If a party's withdrawal from the
agreement prevents remaining signatories from satisfying any of the terms and
milestones of the original agreement, the MOU will be void and the region may
be designated, if applicable, to nonattainment according to EPA's 8-hour ozone
implementation rules. Once the Ozone Action Plan is incorporated into the SIP,
any modifications will be treated as SIP revisions.
D. The signature date of the EAC is the start date of the agreement's term and the
agreement remains in effect until December 31, 2007.
Milestones
EAP Milestones
March 31, 2004 Additional emission reduction strategies selected
RAQC will complete a proposed Ozone Action Plan and
submit the plan to the AQCC for public rulemaking hearing
December 31, State will complete public rulemaking hearings, adopt the
2004 Ozone Action Plan, including all necessary control
measures and attainment demonstration for December 31,
2007, and submit the plan to EPA for approval
December 31, Additional emission reduction strategies implemented no
2005 later than this date
December 31, Attainment of the 8-hour standard demonstrated
2007
6
Reporting
In order to facilitate self-evaluation and communication with EPA, stakeholders, and the
public,the RAQC and the AQCC will assess and report progress towards milestones in a
regular, public process, at least every six months, beginning in June 2003 and concluding on
December 31, 2007. Included in the reports will be analyses of monitoring data,
implementation of and compliance with strategies, and the analyses of growth assumptions
for population, traffic, and area/stationary sources.
Through the region's existing air quality planning process, the RAQC and APCD include
modeling updates and modeling assumption verification (particularly growth
assumptions) concurrent with the tracking and reporting process for the Ozone Action
Plan. This update and verification will be an ongoing process between the signatories,
stakeholders and the public. Modeling updates and planning/adoption processes must
consider and evaluate all relevant actual new point sources, the impacts from potential
new source growth, and future transportation patterns and their impact on air quality in a
manner that is consistent with the most current adopted Long Range Transportation
Plan and most current trend and projections of local motor vehicle emissions.
Emissions Inventories
All emission inventories will be developed by November 30, 2003. These inventories
will be developed for summer episode day for the years 1999 or later, 2007, 2012, and
possibly other interim years using 1) EPA's MOBILE6 emissions model and the latest
transportation information; 2)area sources using a combination of EPA's NONROAD
model data, latest demographics information, local equipment populations and usage
rates, area source data, and local survey and information data when possible, and 3)
the latest stationary sources emissions information. Future year inventories will
sufficiently account for projected future growth in ozone precursor emissions through
2007, particularly from stationary, area, and mobile sources. Emissions inventories will
be compared and analyzed for trends in emission sources over time.
Dispersion Modeling
Base and future case dispersion modeling will be completed by January 31, 2004. If
necessary, one or more modeled control cases will be completed by February 28, 2004.
All modeling 1) will be SIP quality and performed within EPA's accepted margin of
accuracy; 2) will be carefully documented; 3) will sufficiently account for projected future
growth in ozone precursor emissions; 4) will be concurrently reviewed by EPA; and 5)
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will be used to determine the effectiveness of NOx and/or VOC reductions. The control
case(s)will be used to determine the relative effectiveness of different emission
reduction strategies and to aid in the selection of appropriate emission reduction
strategies. Modeling will be based on the "Draft Guidance on the Use of Models and
Other Analyses in Attainment Demonstrations for the 8-hour Ozone NAAQS"
(EPA-454/R-99-004, May 1999). The modeling will follow the guidance as
facilitated by EPA Region 8.
Emission Reduction Strategies
All adopted Federal and State emission reduction strategies that have been or will be
implemented by the December 31, 2007 attainment date will be included in all emission
inventories. Additional, necessary State and local emission reduction strategies under
consideration for inclusion in the Ozone Action Plan will be identified and described by
June 16, 2003. Any additional emission reduction strategies needed to demonstrate
attainment by December 31, 2007 will be proposed by the RAQC to the AQCC by
March 31, 2004 and adopted by the AQCC by December 31, 2004. The selected
strategies will be implemented as soon as practical, but no later than December 31,
2005. The emission reduction strategies will be specific, quantified, permanent and
enforceable. The strategies will also include specific implementation dates and detailed
documentation and reporting processes.
Maintenance for Growth
The plan must include a component to address emissions growth at least 5 years
beyond December 31, 2007, ensuring that the area will remain in attainment of the 8-
hour standard during that period. This future attainment maintenance analysis may
employ one or more of the following or any other appropriate techniques necessary to
make such a demonstration:
• Modeling analysis showing ozone levels below the 8-hour standard in 2012;
• An annual review of growth (especially mobile and stationary source) to ensure
control measures and growth assumptions are adequate;
• Identification and quantification of federal, state, and/or local measures indicating
sufficient reductions to offset growth estimates.
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The choice of methods and the resultant analyses to demonstrate maintenance through
2012 will be agreed upon by the RAQC, the APCD, the AQCC, and the EPA. The
analysis will be completed as part of the SIP revision package by March 31, 2004 and
will be submitted to EPA by December 31, 2004.
The plan must also detail the continuing planning process that includes modeling
updates and modeling assumption verification (particularly growth assumptions).
Modeling updates and planning processes must consider and evaluate all relevant
actual new point sources, impacts from potential new source growth, and future
transportation patterns and their impact on air quality in a manner that is consistent with
the most current adopted Long Term Transportation Plan and most current trend and
projections of local motor vehicle emissions. This update and verification will be an
ongoing process and reported in the six-month updates described above.
If the review of growth demonstrates that adopted control measures are inadequate to
address growth in emissions, additional measures will be added to the plan. If
warranted, additional control measures revealed by analysis for growth will be included
as part of an additional SIP revision to be submitted after December 31, 2004, the date
for submitting the original SIP revision to the EPA.
Public Involvement
Public involvement will be conducted in all stages of planning by the signatory parties.
Outreach may include one or more of the following techniques: public meetings and
presentations, stakeholder meetings, websites, print advertising and radio. Public
education programs will be used to raise awareness regarding issues, opportunities for
involvement in the planning process, implementation of emission reduction strategies,
and any other issues important to the area. Interested stakeholders will be involved in
the planning process as early as possible. The DRCOG, the RAQC and the AQCC
shall establish and schedule adequate stakeholder meetings, which will be open to the
public with posted meeting times and locations. EAC drafts will be publicly available,
and the drafting process will have sufficient opportunities for comment from all
interested stakeholders. Public comment on the Ozone Action Plan will follow the
normal SIP revision process as implemented by the RAQC and the AQCC. Semi-
annual reports detailing, at a minimum, progress toward milestones, will be publicly
presented and publicly available.
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Roles and Responsibilities of the DRCOG, RAQC, APCD and AQCC
The implementation of this EAC will follow the established air quality planning and
regulatory adoption process in place in Denver for many years. The RAQC is the lead
agency for air quality planning in the Denver area, the APCD provides technical, policy
and administrative assistance, and the AQCC considers and adopts regulations and
SIPs throughout the State. In addition, DRCOG and CDOT provide technical
assistance and coordination with transportation planning activities in the Denver region.
Specific responsibilities for this EAC include the following:
1. Provide necessary socio-economic and transportation assumptions and data
sets - DRCOG;
2. Development of emission inventories, dispersion modeling, trend analyses and
quantification, and comparison of emission reduction strategies - APCD and
RAQC;
3. Compiling information on all Federal and State adopted emission reduction
strategies which affect the area -APCD and RAQC;
4. Technical and strategic assistance, as appropriate, in the selection and
implementation of emission reduction strategies - APCD and RAQC;
5. Maintenance of monitors and reporting and analysis of monitoring data - APCD;
6. Promote and support for public education efforts - APCD and RAQC;
7. Reporting and tracking progress - APCD and RAQC; and
8. Adoption of emission reduction strategies into the SIP-AQCC.
Roles and Responsibilities of the Environmental Protection Agency
1. The EPA will provide technical assistance to the State and local area in the
development of the early action plan.
2. The EPA will move quickly to review and approve completed plans by no later
than nine months after submission of the SIP revision by the State.
3. When EPA's 8-hour implementation guidelines call for designations, EPA will
defer the effective date of any nonattainment designation and related
requirements for participating areas that fail to meet the 8-hour ozone standard
as long as all terms and milestones of the compact are being met, induding
submission of the early action SIP revision by December 31, 2004.
4. If the nonattainment designation is deferred, EPA will move expeditiously to
designate the area as attainment and impose no additional requirements,
provided that the monitors in the area reflect attainment by December 31, 2007.
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5. If at any time the area does not meet all the terms of this compact, including
meeting agreed-upon milestones, then it will forfeit its participation and its
attainment or nonattainment designation (or redesignation if necessary) will
become effective. The EPA will offer such an area no delays, exemptions or
other favorable treatment because of its previous participation in this program.
6. If the area violates the standard as of December 31, 2007, and the area has had
the effective date of any nonattainment designation deferred, such nonattainment
designation will become effective. The State will then submit a revised
attainment demonstration SIP revision according to the Clean Air Act (CAA) and
EPA's 8-hour implementation rule, unless the 8-hour implementation schedule
requires SIPs from 8-hour nonattainment areas before December 31, 2008. In
that event, a revised attainment demonstration SIP revision for the participating
area will be due as soon as possible but no later than December 31, 2008. In no
event will EPA extend the attainment date for the area beyond that required by
the CAA and/or EPA's 8-hour implementation rule.
7. The region will not be allowed to renew this EAC after December 31, 2007, or to
initiate a new compact if it has previously forfeited its participation.
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Signatures:
. >Cala. . . /i-/ 9 — Zooz—
cherer, Chairman
Regional Air Quality Council
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Robert E. Brady;Jr., Chairm n
Air Quality Control Commission
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Douglas H. Benevento, Executive Director (acting)
Colorado Department of
Public Health and Environment
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Thomas Norton, Executive Director
Colorado Department of Transportation
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Sharon L. Richardson, Chairman
Denver Regional Council of Governments
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Robert E. Roberts, Regional Administrator
U.S. Environmental Protection Agency, Region 8
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