Approval and Promulgation of Air Quality Implementation Plans; Colorado; Emission Controls for Alfalfa Dehydrators

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO31-1-6511; FRL-5008-7]

Approval and Promulgation of Air Quality Implementation Plans;

Colorado; Emission Controls for Alfalfa Dehydrators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document, EPA is approving a revision to the Colorado

State Implementation Plan (SIP) which was submitted by the Governor of

Colorado on May 6, 1993. The Governor requested that Colorado

Regulation No. 5, which contained emission control regulations for

alfalfa dehydration plant drum facilities that had begun operation

prior to December 31, 1984, be removed from the Federally-approved SIP.

The State made this request pursuant to the repeal of Regulation No. 5

from the State air quality regulations, which was mandated by

amendments to the State's laws relating to the regulation of

agricultural sources of air pollution. EPA is approving this revision

because the State provided a modeling demonstration which showed that

the removal of the emission limitations in Regulation No. 5 from the

SIP would not interfere with attainment or maintenance of the PM-10

National Ambient Air Quality Standards (NAAQS).

EFFECTIVE DATE: This rule will become effective on August 8, 1994.

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

available for inspection during normal business hours at the following

locations: Air Programs Branch, U.S. Environmental Protection Agency,

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

and Air Pollution Control Division, Colorado Department of Health, 4300

Cherry Creek Drive South, Denver, Colorado 80222-1530.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S.

Environmental Protection Agency, Region VIII, 999 18th Street, suite

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

SUPPLEMENTARY INFORMATION:

In 1992, the Colorado Air Pollution Prevention and Control Act was

signed into law. This State Act significantly revised the previously-

existing Colorado statutory provisions relating to air quality,

including the regulation of agricultural sources of air pollution.

Specifically, Section 25-7-109(8) of the Colorado Revised Statutes

states that the State ``. . . shall not regulate emissions from

agricultural production such as farming, seasonal crop drying, animal

feeding, and pesticide application . . .'' unless such a source is

otherwise required to meet Federal requirements (e.g., construction or

operating permits, new source performance standards, etc.). Colorado's

Regulation No. 5 contained emission control regulations for existing

alfalfa dehydration plant drum facilities, which fall under the

category of seasonal crop drying. Because the State Air Quality Control

Commission is now prohibited from regulating air pollution emissions

from sources such as seasonal crop drying, the State repealed Colorado

Regulation No. 5 and, in a May 6, 1993 SIP submittal, requested that it

be removed from the Federally-approved SIP.

Section 110(l) of the Clean Air Act (Act), as amended, prohibits

EPA from approving a revision to the SIP ``if the revision would

interfere with any applicable requirement concerning attainment and

reasonable further progress . . . or any other applicable requirement

of [the Clean Air Act].''1 Thus, in order for EPA to approve a

revision to a State's SIP, especially one which weakens or eliminates

an existing emission limitation, EPA must ensure that the revision will

not interfere with attainment or maintenance of the NAAQS.

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\1\The Clean Air Act (``the Act'') is codified in the U.S. Code

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

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In an April 21, 1994 Federal Register notice, EPA proposed to find

that the State had adequately demonstrated that the repeal of

Regulation No. 5 from the SIP would not interfere with attainment or

maintenance of the NAAQS. Consequently, EPA proposed to approve the

revision to the Colorado SIP. (See 59 FR 18988-18990.) In that proposed

rulemaking action and related Technical Support Document (TSD), EPA

described in detail its interpretations of the Act and its rationale

for proposing to approve the revision repealing Regulation No. 5 from

the SIP. EPA requested public comments on all aspects of that proposed

rulemaking (see 59 FR 18990). No comments were received on the proposed

rulemaking.

This Action

In this action, EPA is finalizing its approval of the revision to

the Colorado SIP which was submitted by the Governor on May 6, 1993. As

discussed in EPA's April 21, 1994 notice of proposed approval and

related TSD, EPA believes the State adequately demonstrated that the

repeal of the emission limitations regarding alfalfa dehydrators in

Regulation No. 5 will not interfere with attainment or maintenance of

the NAAQS. The approval thus removes Colorado Regulation No. 5, which

contained provisions regulating existing alfalfa dehydrators, from the

Federally-approved SIP.2 For further information on the State's

demonstration and EPA's rationale for approving this SIP revision,

please refer to the April 21, 1994 notice of proposed rulemaking (59 FR

18988-18990) and the TSD accompanying this action.

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\2\Note that the new construction or modification of alfalfa

dehydration plant drum facilities will continue to be regulated

under the State's prevention of significant deterioration (PSD) and

new source review (NSR) provisions, which are included in Colorado

Regulation No. 3.

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Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any 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 April 21, 1994 (59

FR 18988). 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.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

Executive Order 12866 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 6, 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 in 40 CFR Part 52

Air pollution control, Carbon monoxide, Environmental protection,

Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides, Volatile organic compounds.

Dated: June 22, 1994.

Jack McGraw,

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 part 52 continues to read as follows:

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

Subpart G--Colorado

2. Section 52.320 is amended by revising paragraphs (c)(32) and

(c)(38) to read as follows:

Sec. 52.320 Identification of Plan.

* * * * *

(c) ***

(32) Revisions to Air Pollution Control Commission Regulation No.

1, section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on

April 9, 1985.

(i) Incorporation by reference.

(A) Revisions to Air Pollution Control Commission Regulation No. 1,

``Emission Control Regulation for Particulates, Smokes, and Sulfur

Oxides for the State of Colorado,'' sections II.A.6 and III.C.2 (a) and

(b), effective March 2, 1985.

* * * * *

(38) Revisions to Regulation 1 to control emissions from alfalfa

dehydrators were submitted by the Governor on July 29, 1987.

(i) Incorporation by reference.

(A) Section II.A.6 and introductory text of Section III.C.2.a of

Regulation 1 adopted by the Colorado Air Quality Control Commission on

January 15, 1987, effective on March 2, 1987.

[FR Doc. 94-16504 Filed 7-7-94; 8:45 am]

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