Clean Air Act Approval and Promulgation of PMINF10 Implementation Plan and Oxygenated Gasoline Program for Colorado

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO33-1-6406; and CO5-1-6386; FRL-5003-7]

Clean Air Act Approval and Promulgation of PM10

Implementation Plan and Oxygenated Gasoline Program for Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA is finalizing two separate proposed

actions: EPA is finalizing the limited approval of the control measures

which were contained in the State Implementation Plan (SIP) revisions

submitted by the State of Colorado to achieve 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 (PM10). EPA is approving these control measures for

the limited purpose of strengthening the federally approved SIP for

Colorado. (At this time, EPA is not approving the control measures

limiting the emissions from Purina Mills and Electron Corporation. EPA

will act on these measures at a later date.) The SIP revisions were

submitted by Colorado to satisfy certain federal requirements for an

approvable moderate nonattainment area PM10 SIP for Denver.

Approval of these measures makes them federally enforceable. The EPA

will take separate action, as appropriate, on the revisions as a whole

at a later date. EPA is also approving revisions to Regulation No. 13

(oxygenated gasoline program) submitted on August 6, 1990, and November

27, 1992, implementing and amending oxygenated gasoline programs in the

Fort Collins-Loveland, Colorado Springs, and Boulder-Denver

Metropolitan Statistical Areas (MSA) as required by Section 211(m) of

the Clean Air Act, as amended by the Clean Air Act Amendments of 1990

(the Act). This action is being taken under Section 110 of the Clean

Air Act.

EFFECTIVE DATE: This rule will become effective on August 24, 1994.

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

available for inspection during normal business hours at the following

locations: Environmental Protection Agency, Region VIII, Air Programs

Branch, 999 18th Street, Suite 500, Denver, Colorado 80202-2405;

Colorado Air Pollution Control Division, 4300 Cherry Creek Dr. South,

Denver, Colorado 80222-1530, and Air and Radiation Docket and

Information Center, Environmental Protection Agency, 401 M Street SW.,

Washington, DC, 20460.

FOR FURTHER INFORMATION CONTACT: Final limited approval--Callie

Videtich, Air Programs Branch, U.S. Environmental Protection Agency,

Region VIII, Denver, Colorado 80202-2466, (303) 293-1754. Regulation

No. 13 final approval--Scott P. Lee, Air Programs Branch, U.S.

Environmental Protection Agency, Region VIII, Denver, Colorado 80202-

2466, (303) 293-1887.

Denver PM10

SUPPLEMENTARY INFORMATION:

I. Background

The Denver, Colorado area was designated nonattainment for

PM10 and classified as moderate under sections 107(d)(4)(B) and

188(a) of the Clean Air Act, upon enactment of the Clean Air Act

Amendments of 1990.1 See 56 FR 56694 (Nov. 6, 1991); 40 CFR 81.306

(specifying PM10 nonattainment designation for the Denver

metropolitan area). The air quality planning requirements for moderate

PM10 nonattainment areas are set out in subparts 1 and 4 of part

D, title I of the Act2.

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

changes to the air quality planning requirements for areas that do

not meet (or that significantly contribute to ambient air quality in

a nearby area that does not meet) the PM10 National Ambient Air

Quality Standards (see Public Law No. 101-549, 104 Stat. 2399).

References herein are to the Clean Air Act, as amended (the Act), 42

U.S.C. 7401, et seq.

\2\Subpart 1 contains provisions applicable to nonattainment

areas generally, and subpart 4 contains provisions specifically

applicable to PM10 nonattainment areas. At times, subpart 1 and

subpart 4 overlap or conflict. EPA has attempted to clarify the

relationship among these provisions in the ``General Preamble'' and,

as appropriate, in today's notice and supporting information.

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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 PM10 nonattainment area SIP requirements (see

generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28,

1992)). Because EPA is describing it's 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.

Those States containing initial moderate PM10 nonattainment

areas (i.e., those areas designated nonattainment for PM10 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 PM10 also apply to major stationary

sources of PM10 precursors except where the Administrator

determines that such sources do not contribute significantly to

PM10 levels which exceed the NAAQS in the area. See sections

172(c), 188, and 189 of the Act. Some provisions are due at a later

date. States with initial moderate PM10 nonattainment areas were

required to submit a permit program for the construction and operation

of new and modified major stationary sources of PM10 by June 30,

1992 (see section 189(a)). Such States also must submit contingency

measures by November 15, 1993 that 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 PM10 NAAQS by the

applicable statutory deadline. See section 172(c)(9) and 57 FR 13543-

13544.

On December 20, 1993 (at 58 FR 66326), EPA announced its intention

to take two separate actions with two independent public comment

periods on the SIP revisions submitted by the State of Colorado to

satisfy the moderate PM10 nonattainment area SIP requirements due

November 15, 1991 for the Denver PM10 nonattainment area. One

proposed action was to grant conditional approval of the SIP revisions

due to the State's need to fulfill a final commitment to revise permit

limitations at two stationary sources (Purina Mills, and Electron

Corporation) prior to December 1, 1993. EPA will take action on the

conditional approval at a later date. The second proposed action was to

limitedly approve the control measures, excluding the permit limits for

Purina Mills and Electron Corporation, contained in the SIP revisions

for the limited purpose of strengthening the federally enforceable SIP

for Colorado. In the proposed rulemaking actions and related Technical

Support Document (TSD), EPA described in detail its interpretations of

the Act and its rationale for proposing to approve the control measures

for their limited purpose in strengthening the federally approved

implementation plan for Denver, taking into consideration the specific

factual issues presented.

EPA requested public comments on all aspects of the proposal

related to the limited approval (please reference 58 FR 66326). EPA

received no comments during the public comment period regarding the

proposed limited approval. This final action on the limited approval of

the control measures in the Denver moderate nonattainment area

PM10 SIP revisions is unchanged from the December 20, 1993,

proposed approval action.

The discussion herein provides only a broad overview of the

proposed action EPA is now finalizing. The public is referred to the

December 20, 1993, proposed rule for a more in-depth discussion of the

action now being finalized.

II. Response to Comments

EPA did not receive any public comments regarding its December 20,

1993, proposed limited approval of the Denver moderate nonattainment

area PM10 SIP control measures. (58 FR 66326-66334).

III. This Action

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

review of SIP submittals (see 57 FR 13565-13566). The Governor of

Colorado submitted the Denver PM10 SIP revision in a letter dated

June 7, 1993. That submittal and subsequent submittals made on

September 3, 1993, and October 20, 1993, fulfilled commitments made on

June 7, 1993, were intended to satisfy those moderate PM10 SIP

requirements due for Denver on November 15, 1991. As described in EPA's

proposed action on this SIP (58 FR 66326-66334, December 20, 1993), the

Denver June 7, 1993, moderate nonattainment area PM10 plan and

subsequent submittals include control measures. EPA may grant a

``limited'' approval of SIP requirements under section 110(k)(3) of the

Act in light of the general authority delegated to EPA under section

301(a) of the Act which allows EPA to take actions necessary to carry

out the purposes of the Act. EPA is granting a final limited approval

of the referenced PM10 control measures for Denver because they

strengthen the SIP by advancing the PM10 air quality protection

goal of the Act. Federal approval of the control measures makes them

federally-enforceable. However, this limited approval is not approving

those measures as satisfying the RACM requirement or any other specific

requirement of the Act, nor does it constitute full approval of the SIP

pursuant to section 110(k)(3). Please refer to EPA's notice of proposed

rulemaking (58 FR 66326) and the TSD for that action for a more

detailed discussion on control measures contained in the Denver plan.

In this notice of final rulemaking action, EPA is announcing its

approval of the control measures, excluding the permit limits for

Purina Mills and Electron Corporation, contained in the June 7, 1993

Denver PM10 SIP and subsequent submittals noted above for their

limited purpose in strengthening the SIP.

Four sources/source categories were identified as contributing to

the PM10 nonattainment problem in Denver and, therefore, were

targeted for control in the SIP revisions. Control measures were

developed for the following area sources: residential wood combustion,

street sanding and sweeping of paved streets, and mobile sources. In

addition, controls reducing emissions from stationary sources were also

developed.

EPA views the following measures as reasonable, enforceable, and

responsible for PM10 emissions reductions in the Denver PM10

nonattainment area: (1) Colorado Regulation No. 4 which regulates

residential wood burning; (2) Colorado Regulation No. 16 which sets

sanding and sweeping requirements; (3) the federal tailpipe standards,

which provide an ongoing benefit due to fleet turnover and Colorado

Regulations 12 and 13 which were developed independently from the

PM10 SIP but are included because of their particulate emission

reduction benefit; and (4) Colorado Regulation No. 1, which provides

stationary source emission control regulations for particulates,

smokes, carbon monoxide and sulfur oxides.

A more detailed discussion of the individual source contributions

and their associated control measures (including available control

technology) can be found in the TSD accompanying EPA's proposed

approval of the Denver moderate PM10 nonattainment area SIP (58 FR

66326). EPA has reviewed the State's documentation and concluded that

the control measures on which EPA is taking final action on today serve

to strengthen the existing SIP by advancing the PM10 air quality

protection goal of the Act.

As noted, EPA is finalizing the control measures contained in

Colorado's June 7, 1993 SIP submittal and subsequent SIP submittals for

the Denver PM10 nonattainment area, excluding the permit limits

for Purina Mills and Electron Corporation which will be acted on at a

later date. This action is explained in the notice of proposed

rulemaking (58 FR 66326-66334) and associated TSD.

IV. Final Action--Limited Approval

This document announces EPA's final action on the limited approval

rulemaking proposed at 58 FR 66326. As noted elsewhere in this action,

EPA received no adverse public comments on the proposed action to

approve the control measures for their limited purpose in strengthening

the existing SIP. As a direct result, the Regional Administrator has

reclassified this action from Table 1 to Table 3 under the processing

procedures established at 54 FR 2214, January 19, 1989.

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 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.

Regulation No. 13

SUPPLEMENTARY INFORMATION: On January 11, 1994 (59 FR 1513-1515), EPA

published a notice of proposed rulemaking for the State of Colorado.

The notice proposed approval of an oxygenated gasoline program.

The formal SIP revisions were submitted by the State of Colorado on

August 6, 1990 and November 27, 1992. (The November 27, 1992 revision

supersedes the August 6, 1990 submission. EPA mentions the August 6,

1990 submittal as historical information. EPA is taking action on only

the November 27, 1992 revision.) The revisions included amended

versions of Colorado's Regulation 13. These regulatory changes were

adopted by the Colorado Air Quality Control Commission. A more detailed

analysis of the state submittal was prepared as part of the proposed

action and is contained in a TSD dated September 25, 1993, which is

available from the Region VIII office listed in the Addresses section

of this document. Other specific requirements of the oxygenated

gasoline program and the rationale for EPA's proposed action are

explained in the proposed rulemaking and will not be restated here. No

public comments were received on the proposal.

I. Final Action--Regulation No. 13

EPA is approving Colorado's Regulation No. 13; Oxygenated Gasoline

Program as adopted September 17, 1992 by the Colorado Air Quality

Control Commission as part of the Air Quality Implementation Plan for

State of Colorado. This Regulation was submitted on November 27, 1992.

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 the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

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 23, 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)).

Executive Order (EO) 12866

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. A future notice will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the

requirements of Section 3 of Executive Order 12291 for 2 years. The EPA

has submitted a request for a permanent waiver for Table 2 and Table 3

SIP revisions. The OMB has agreed to continue the temporary waiver

until such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993. OMB has exempted this regulatory action

from E.O. 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, and Volatile organic

compounds.

Dated: June 1, 1994.

Nela Y. Cooke,

Acting Regional Administrator.

40 CFR, part 52, Subpart G, is amended as follows:

Subpart G--Colorado

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

Authority: 42 U.S.C. 7401-7642.

2. Section 52.320 is amended by adding paragraphs (c)(61) and

(c)(67) to read as follows:

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(61) The Governor of Colorado submitted a portion of the

requirements for the moderate nonattainment area PM10 State

Implementation Plan (SIP) for Denver, Colorado with a letter dated June

7, 1993, and subsequent submittals dated September 3, 1993, and October

20, 1993, fulfilling most of the commitments made in the June 7, 1993,

letter. The submittals were made to satisfy those moderate PM10

nonattainment area SIP requirements due for the Denver PM10

nonattainment area on November 15, 1991. EPA is approving, for the

limited purpose of strengthening the SIP, the control measures

contained in the SIP revisions identified above. (EPA is not approving,

at this time, the control measures limiting the emissions from Purina

Mills and Electron Corporation.)

(i) Incorporation by reference.

(A) Revisions to Regulation No. 4, ``Regulation on the Sale of New

Woodstoves and the Use of Certain Woodburning Appliances During High

Pollution Days,'' as adopted by the Air Quality Control Commission on

June 24, 1993, effective August 30, 1993, as follows: insert new

Section VIII and recodification of References Section. This revision

pertains to local jurisdiction implementation and enforcement of

ordinances and resolutions restricting wood burning on high pollution

days.

(B) Regulation No. 16, ``Concerning Material Specifications for,

Use of, and Clean-up of Street Sanding Material,'' as adopted by the

Air Quality Control Commission on June 24, 1993, effective August 30,

1993, as follows: recodification of Regulation and addition of Sections

II and III, which regulate emissions from street sanding and sweeping

in the Denver PM10 nonattainment area.

(C) Revisions to Regulation No. 1, ``Emission Control Regulations

for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the

State of Colorado,'' as adopted by the Air Quality Control Commission

on August 19, 1993, effective October 30, 1993, as follows: insert new

Sections VII and VIII and recodification of the two following Sections,

``Emission Regulations Concerning Areas Which are Nonattainment for

Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and

``Statements of Basis and Purpose'' Sections. The revisions pertain to

restrictions on the use of oil as a back-up fuel for certain sources

and set new emission limits at the following Public Service Company

Power Plants: Cherokee, Arapahoe, and Valmont.

(D) Coors Glass Plant allowable emission limitations on three

furnaces.

1. Permit 92JE129-1, effective date January 19, 1993, regulating

emissions at the KTG glass melting furnace #1.

2. Permit 92JE129-2, effective date January 19, 1993, regulating

emissions at the KTG glass melting furnace #2.

3. Permit 92JE129-3, effective date January 19, 1993, regulating

emissions at the KTG glass melting furnace #3.

(E) Conoco Refinery allowable emission limitations from the

refinery.

1. Permit 90AD524, effective date March 20, 1991, regulating a

Tulsa natural gas fired 20MMbtu/hour heater equipped with low-Nox

burners.

2. Permit 90AD053, effective date March 20, 1991, regulating

process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8

all burning fuel gas only.

3. Permit 91AD180-3, effective December 28, 1992, regulating the

three stage Claus sulfur recovery unit with tail gas recovery unit.

(ii) Additional material.

(A) Regional Air Quality Council, ``Guidelines for Reducing Air

Pollution from Street Sanding'' sets voluntary guidelines for public

works departments to follow to reduce the amount of street sand

applied, and includes recommendations for increasing the effectiveness

of street cleaning operations.

(B) Adolph Coors Company Brewery permit emission limitations on

five boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-

11305.

(67) On November 27, 1992, the Governor of Colorado, submitted a

revision to the Colorado SIP. This revision replaces previous versions

of Regulation No. 13 with the amended Regulation No. 13 (oxygenated

gasoline program) adopted September 17, 1992. Regulation No. 13

requires the oxygenated gasoline programs to be implemented in the Fort

Collins-Loveland, Colorado Springs, and Boulder-Denver Metropolitan

Statistical Areas (MSA) as required by Section 211(m) of the Clean Air

Act Amendments of 1990.

(i) Incorporation by reference.

(A) Revision to Regulation No. 13, ``Oxygenated Gasoline Program,''

as adopted by the Colorado Air Quality Control Commission on September

17, 1992, effective October 10, 1992, as follows: entire Regulation

revision. This regulation supersedes and replaces all previous

revisions to Regulation No. 13, (40 CFR, 52.320(46)(2)).

[FR Doc. 94-17692 Filed 7-22-94; 8:45 am]

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