Clean Air Act Approval and Promulgation of PM-10 Implementation Plan for Colorado; Designation of Areas for Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO28-1-6401 and CO36-1-6400; FRL-4883-4]

Clean Air Act Approval and Promulgation of PM-10 Implementation

Plan for Colorado; Designation of Areas for Air Quality Planning

Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this action, the EPA is approving the State implementation

plan (SIP) submitted by the State of Colorado for the purposes of

bringing about the attainment of the national ambient air quality

standards (NAAQS) for particulate matter with an aerodynamic diameter

less than or equal to a nominal 10 micrometers (PM-10). The SIP was

submitted by the State on February 24, 1993 and December 9, 1993 to

satisfy certain Federal requirements for an approvable nonattainment

area PM-10 plan for Pagosa Springs, Colorado. EPA is also approving the

PM-10 contingency measures for the Pagosa Springs nonattainment area,

which were included in the State's December 9, 1993 submittal.

In addition, EPA is amending the nonattainment area boundary for

the Pagosa Springs nonattainment area to include some of the

surrounding suburban area of Pagosa Springs. The revised boundary is

based on information submitted with the SIP which provided a SIP

equivalent demonstration showing that the revised boundary more

accurately represents the Pagosa Springs airshed.

EFFECTIVE DATE: This rule will become effective on June 20, 1994.

ADDRESSES: Copies of the State's submittals and other information are

available for inspection during normal business hours at the following

locations: Air Programs Branch, Environmental Protection Agency, Region

VIII, 999 18th Street, suite 500, Denver, Colorado 80202-2466; Air

Pollution Control Division, Colorado Department of Health, 4300 Cherry

Creek Drive South, Denver, Colorado 80222-1530; and Air and Radiation

Docket and Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, Environmental

Protection Agency, Region VIII, 999 18th Street, suite 500, Denver,

Colorado 80202-2466, (303) 293-1765.

SUPPLEMENTARY INFORMATION: Pagosa Springs, Colorado was designated

nonattainment for PM-10 and classified as moderate under sections

107(d)(4)(B) and 188(a) of the Clean Air Act (Act) upon enactment of

the Clean Air Act Amendments of 1990.1 (See 56 FR 56694, November

6, 1991; 40 CFR 81.306 (specifying nonattainment designation for Pagosa

Springs.)) The air quality planning requirements for moderate PM-10

nonattainment areas are set out in subparts 1 and 4 of part D of title

I of the Act. The EPA has issued a ``General Preamble'' describing

EPA's preliminary views on how EPA intends to review SIPs and SIP

revisions submitted under title I of the Act, including those State

submittals containing moderate PM-10 nonattainment area SIP

requirements (see generally 57 FR 13498 (April 16, 1992) and 57 FR

18070 (April 28, 1992)). Because EPA is describing its interpretations

here only in broad terms, the reader should refer to the General

Preamble for a more detailed discussion of the interpretations of title

I advanced in this final action and the supporting rationale.

---------------------------------------------------------------------------

\1\The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.

References herein are to the Clean Air Act, as amended (``the

Act''). The Clean Air Act is codified, as amended, in the U.S. Code

at 42 U.S.C. 7401 et. seq.

---------------------------------------------------------------------------

Those states containing initial moderate PM-10 nonattainment areas

(i.e., those areas designated nonattainment for PM-10 under section

107(d)(4)(B) of the Act) were required to submit, among other things,

the following provisions by November 15, 1991:

1. Provisions to assure that reasonably available control measures

(RACM) (including such reductions in emissions from existing sources in

the area as may be obtained through the adoption, at a minimum, of

reasonably available control technology--RACT) shall be implemented no

later than December 10, 1993;

2. Either a demonstration (including air quality modeling) that the

plan will provide for attainment as expeditiously as practicable but no

later than December 31, 1994 or a demonstration that attainment by that

date is impracticable;

3. Quantitative milestones which are to be achieved every 3 years

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure that the control requirements applicable to

major stationary sources of PM-10 also apply to major stationary

sources of PM-10 precursors except where the Administrator determines

that such sources do not contribute significantly to PM-10 levels which

exceed the NAAQS in the area. See sections 172(c), 188, and 189 of the

Act.

Some provisions were due at a later date. States with initial

moderate PM-10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

stationary sources of PM-10 by June 30, 1992 (see section 189(a)).

Revisions to satisfy these requirements were submitted by the State on

January 14, 1993, and EPA will be taking action on these requirements

in a separate Federal Register notice. Such States were also required

to submit contingency measures by November 15, 1993 which become

effective without further action by the State or EPA, upon a

determination by EPA that the area has failed to achieve RFP or to

attain the PM-10 NAAQS by the applicable statutory deadline. (See

section 172(c)(9) of the Act and 57 FR 13543-13544.) The State adopted

PM-10 contingency measures for the Pagosa Springs PM-10 nonattainment

area in November of 1993, and those measures were included in the

State's December 9, 1993 SIP submittal.

On March 9, 1994, EPA announced its proposed approval of the Pagosa

Springs, Colorado moderate PM-10 nonattainment area SIP as meeting

those moderate PM-10 nonattainment area requirements due on November

15, 1991 (see 59 FR 11012-11018). EPA also announced in that Federal

Register notice its proposed approval of the PM-10 contingency measures

for Pagosa Springs as meeting the requirements of section 172(c)(9) of

the Act due on November 15, 1993. In that proposed rulemaking action

and related Technical Support Document (TSD), EPA described in detail

its interpretations of title I and its rationale for proposing to

approve the Pagosa Springs moderate nonattainment area PM-10 SIP and

PM-10 contingency measures, taking into consideration the specific

factual issues presented. EPA requested public comments on all aspects

of the proposed rulemaking pertaining to Pagosa Springs (see 59 FR

11017). No comments were received on the proposed rulemaking.

This Action

Section 110(k) of the Act sets out provisions governing EPA's

review of SIP submittals (see 57 FR 13565-13566). On February 24, 1993

and on December 9, 1993, the Governor of Colorado submitted revisions

to the SIP which were intended to satisfy those moderate PM-10

nonattainment area SIP requirements due for Pagosa Springs on November

15, 1991 and the PM-10 contingency measure requirements of section

172(c)(9) of the Act due on November 15, 1993. As described in EPA's

proposed approval of these SIP submittals, the Pagosa Springs moderate

PM-10 nonattainment area plan includes, among other things: (1) A

comprehensive and accurate emissions inventory; (2) control measures

that satisfy the RACM requirement; (3) a demonstration (including air

quality modeling) that attainment of the PM-10 NAAQS will be achieved

in Pagosa Springs by December 31, 1994 and maintained through December

31, 1997; (4) provisions for meeting the November 15, 1994 quantitative

milestone and RFP requirements; (5) enforceability documentation; and

(6) control measures that satisfy the contingency measures requirement

of section 172(c)(9) of the Act. Further, EPA proposed to determine

that major sources of precursors of PM-10 do not contribute

significantly to PM-10 levels in excess of the NAAQS in Pagosa Springs.

Lastly, EPA proposed to amend the Pagosa Springs moderate PM-10

nonattainment area boundary to include some of the surrounding suburban

area of Pagosa Springs based on a SIP equivalent demonstration

submitted by the State which showed that the revised boundary more

accurately represents the Pagosa Springs airshed. Please refer to EPA's

notice of proposed rulemaking (59 FR 11012) and the TSD for that action

for a more detailed discussion of these elements of the Pagosa Springs

plan.

In this final rulemaking, EPA announces its approval of those

elements of the Pagosa Springs, Colorado moderate nonattainment area

PM-10 SIP that were due on November 15, 1991 and submitted on February

24, 1993 and December 9, 1993, as well as the PM-10 contingency

measures that were due on November 15, 1993 and submitted on December

9, 1993. In this final action, EPA is also announcing its approval of

section I. of the Colorado Regulation entitled ``Nonattainment Areas,''

which contains the PM-10 control measures and contingency measures for

the Pagosa Springs moderate PM-10 nonattainment area.

EPA finds that the State of Colorado's PM-10 SIP for the Pagosa

Springs moderate PM-10 nonattainment area meets the Reasonably

Available Control Measures (RACM), including Reasonably Available

Control Technology (RACT), requirement. One source category was

identified as the major contributor to the PM-10 nonattainment problem

in Pagosa Springs and, therefore, was targeted for control in the SIP.

The State has demonstrated that, by applying control measures to the

area source of re-entrained road dust from paved roads, Pagosa Springs

will be in attainment by December 31, 1994. It does not appear that

applying further control measures to these or other sources would

expedite attainment. EPA views the following measures as reasonable,

enforceable, and responsible for significant PM-10 emissions reductions

in Pagosa Springs: (1) Section I.C. of the State regulation entitled

``Nonattainment Areas,'' which limits the percent fines to 1 percent in

any street sanding material used on the major State highways in the

Pagosa Springs moderate PM-10 nonattainment area; and (2) Section I.D.

of the State regulation entitled ``Nonattainment Areas,'' which

requires a reduction in the amount of street sanding material applied

on the major State highways in the nonattainment area by 10 percent

beginning 12/93 and by an additional 5 percent (or a total of 15

percent) beginning 12/95. Further, although no credit was claimed in

the SIP, EPA is approving the following measure to make it Federally

enforceable and to further strengthen the SIP: Section I.B. of the

State regulation entitled ``Nonattainment Areas,'' which requires 6

miles of unpaved gravel roads in the Town of Pagosa Springs to be

paved. EPA is also approving Section I.A. of the ``Nonattainment Area''

regulation, which includes a definition of terms used in the other

sections of the regulation.

A more detailed discussion of the individual source contributions,

their associated control measures (including available control

technology) and an explanation of why certain available control

measures were not implemented, can be found in the TSD accompanying

EPA's proposed approval of the Pagosa Springs moderate PM-10

nonattainment area SIP (59 FR 11013-11015). EPA has reviewed the

State's documentation and concluded that it adequately justifies the

control measures to be implemented. The implementation of Colorado's

PM-10 nonattainment plan for Pagosa Springs will result in the

attainment of the PM-10 NAAQS by December 31, 1994 and maintenance

through December 31, 1997. By this action, EPA is approving the Pagosa

Springs PM-10 moderate nonattainment area plan's control measures as

satisfying the RACM, including RACT, requirement.

EPA also finds that the State of Colorado's December 9, 1993

submittal of PM-10 contingency measures for the Pagosa Springs moderate

PM-10 nonattainment area meets the requirements of section 172(c)(9) of

the Act. Specifically, Section I.E. of the State regulation entitled

``Nonattainment Areas'' provides that, within two months following

EPA's determination that the Pagosa Springs area failed to attain the

PM-10 NAAQS or make RFP, the Town of Pagosa Springs must sweep all

traffic lanes of the major State highway through town as soon as

practical following each sanding event using vacuum sweepers that are

at least 34 percent effective. EPA has reviewed the State's

documentation and regulation and concluded that it adequately meets the

requirements of section 172(c)(9) of the Act. By this action, EPA is

approving the PM-10 contingency measures for the Pagosa Springs PM-10

moderate nonattainment area.

In this document, EPA is also announcing its determination that

major stationary sources of precursors of PM-10 do not contribute

significantly to PM-10 levels in excess of the NAAQS in Pagosa

Springs.2

---------------------------------------------------------------------------

\2\The consequences of this finding are to exclude these sources

from the applicability of PM-10 nonattainment area control

requirements. Note that EPA's finding is based on the current

character of the area including, for example, the existing mix of

sources in the area. It is possible, therefore, that future growth

could change the significance of precursors in the area.

---------------------------------------------------------------------------

Lastly, EPA announces that the Pagosa Springs moderate PM-10

nonattainment area description specified in 40 CFR 81.306 is replaced

with following boundary description:

Township 35N & Range 2W:

Sections 13, 14, 15; section 23 NE, N 1/2 SE; section 24 all

except SWSW; section 25 N 1/2 NE, NENW.

Township 35N & Range 1W:

Section 18 W 1/2.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for a

revision to any SIP. Each request for a revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

Final Action

This document makes final the action proposed on March 9, 1993 (59

FR 11012). As noted elsewhere in this final action, EPA received no

public comments on the proposed action. As a direct result, the

Regional Administrator has reclassified this action from Table 2 to

Table 3 under the processing procedures established at 54 FR 2214,

January 19, 1989.

Under Executive Order 12866 (58 FR 51735 (October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to the Office of Management and Budget (OMB)

review and the requirements of the Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in a

rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order. It has been determined that this rule is not a

``significant regulatory action'' under the terms of Executive Order

12866 and is therefore not subject to OMB 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 July 19, 1994. 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).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Particulate matter, Reporting and recordkeeping requirements,

Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: April 28, 1994.

Jack McGraw,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for parts 52 and 81 continues to read as

follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart G--Colorado

2. Section 52.320 is amended by adding paragraph (c)(62) to read as

follows:

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(62) On February 24, 1993 and December 9, 1993, the Governor of

Colorado submitted revisions to the Colorado State implementation plan

(SIP) to satisfy those moderate PM-10 nonattainment area SIP

requirements for Pagosa Springs, Colorado due to be submitted by

November 15, 1991. Included in the December 9, 1993 submittal were PM-

10 contingency measures for Pagosa Springs to satisfy the requirements

of section 172(c)(9) of the Act due to be submitted by November 15,

1993.

(i) Incorporation by reference.

(A) Colorado Air Quality Control Commission Nonattainment Areas

regulation, section I. ``Pagosa Springs Nonattainment Area,'' adopted

on November 19, 1992, effective on December 30, 1992, with revisions

adopted on November 12, 1993, effective on December 30, 1993.

3. Section 52.332 is amended by designating the existing text as

paragraph (a) and adding paragraph (b) to read as follows:

Sec. 52.332 Moderate PM-10 nonattainment area plans.

* * * * *

(b) On February 24, 1992 and December 9, 1993, the Governor of

Colorado submitted the moderate PM-10 nonattainment area plan for the

Pagosa Springs area. The submittal was made to satisfy those moderate

PM-10 nonattainment area SIP requirements which were due for Pagosa

Springs on November 15, 1991.

4. In Sec. 81.306, the PM-10 Nonattainment Areas table is amended

by revising the entry for ``Pagosa Springs'' to read as follows:

Sec. 81.306 Colorado.

* * * * *

Colorado--PM-10 Nonattainment Areas

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -----------------------------------------------------------------

Date Type Date Type

----------------------------------------------------------------------------------------------------------------

* * * * * * *

Archuleta County:

Pagosa Springs Area....................... 11/15/90 Nonattainment....... 11/15/90 Moderate.

Township 35N-Range 2W:

Sections 13, 14, 15; Section 23

NE, N \1/2\ SE; Section 24 all

except SWSW; Section 25 N \1/2\

NE, NENW

Township 35N-Range 1W:

Section 18 W \1/2\.

* * * * * * *

----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 94-12159 Filed 5-18-94; 8:45 am]

BILLING CODE 6560-50-P