Clean Air Act Approval and Promulgation of State Implementation Plan; Colorado; Prevention of Significant Deterioration; Designation of Areas for Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0015a; FRL-5700-3]

Clean Air Act Approval and Promulgation of State Implementation

Plan; Colorado; Prevention of Significant Deterioration; Designation of

Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is approving revisions to Colorado's

prevention of significant deterioration (PSD) permitting requirements

in Regulation No. 3, which were submitted as revisions to the State

Implementation Plan (SIP) by the Governor on August 1, 1996. The

revisions were submitted mainly to address the replacement of the total

suspended particulate (TSP) increments with increments for particulate

matter with an aerodynamic diameter less than or equal to a nominal ten

micrometers (PM-10). EPA is also deleting the TSP area designation

table and revising the PM-10 area designation table in 40 CFR part 81

for Colorado. With the PM-10 increments becoming

[[Page 13333]]

effective in these areas, the TSP area designations no longer serve any

useful purpose relative to PSD.

Also in this document, EPA is amending the language in 40 CFR

52.343(a)(3) to further clarify which sources EPA retains PSD

permitting authority over in the State of Colorado.

DATES: This action will become effective on May 19, 1997 unless adverse

or critical comments are received by April 21, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

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

available for inspection during normal business hours at the following

locations: Air Program, Environmental Protection Agency, Region VIII,

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

Department of Public Health and Environment, Air Pollution Control

Division, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530;

and The Air and Radiation Docket and Information Center, 401 M Street,

SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8P2-A, at (303) 312-

6445.

SUPPLEMENTARY INFORMATION:

I. Background

In this document, EPA is acting on revisions to the PSD permitting

program in Regulation No. 3 for the State of Colorado. The State's

revisions were generally made to address the replacement of the TSP

increments with increments for PM-10 in the Federal PSD permitting

requirements in 40 CFR 51.166, which were promulgated by EPA on June 3,

1993 (58 FR 31622-31638). The State also made other minor

administrative changes to Regulation No. 3. This document evaluates the

State's submittal for conformity with the corresponding Federal

regulations and the requirements of the Clean Air Act (Act). In

addition, this document provides justification regarding the removal of

the TSP area designation table in 40 CFR part 81 for Colorado.

Also in this document, EPA is amending the language in 40 CFR

52.343(a)(3) to further clarify which sources EPA retains PSD

permitting authority over in the State of Colorado. EPA is making this

correction pursuant to section 110(k)(6) of the Act.

II. This Action

A. Analysis of State Submission

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) of the Act provides that each implementation

plan submitted by a State must be adopted after reasonable notice and

public hearing. Section 110(l) of the Act similarly provides that each

revision to an implementation plan submitted by a State under the Act

must be adopted by such State after reasonable notice and public

hearing.

The EPA also must determine whether a submittal is complete and

therefore warrants further EPA review and action [see section 110(k)(1)

and 57 FR 13565, April 16, 1992]. The EPA's completeness criteria for

SIP submittals are set out at 40 CFR part 51, appendix V. The EPA

attempts to make completeness determinations within 60 days of

receiving a submission. However, a submittal is deemed complete by

operation of law under section 110(k)(a)(B) if a completeness

determination is not made by EPA within six months after receipt of the

submission.

A public hearing to entertain public comment on the initial PSD SIP

revision was held by the State of Colorado on August 17, 1995, and the

rule revisions were subsequently adopted by the State. The rule

revisions were formally submitted to EPA for approval on August 1,

1996. The SIP revision was reviewed by EPA to determine completeness

shortly after its submittal, in accordance with the completeness

criteria referenced above. The submittal was found to be complete, and

a letter dated September 26, 1996 was forwarded to the Governor

indicating the completeness of the submittal and the next steps to be

taken in the processing of the SIP submittal.

2. Evaluation of State's Submittal

a. PM-10 Increment Revisions. As discussed above, EPA promulgated

increments for PM-10 on June 3, 1993 (see 58 FR 31622-31638). EPA

promulgated revisions to the Federal PSD permitting regulations in 40

CFR 52.21, as well as to the PSD permitting requirements that State

programs must meet in order to be approved into the SIP in 40 CFR

51.166. EPA or its delegated State programs were required to begin

implementation of the increments by June 3, 1994, while the

implementation date for States with SIP-approved PSD permitting

programs (such as Colorado) will be the date on which EPA approves the

revised State PSD program containing the PM-10 increments. In

accordance with 40 CFR 51.166(a)(6)(i), States with SIP-approved PSD

programs were required to adopt the PM-10 increment requirements within

nine months of the effective date (or by March 3, 1995). For further

background regarding the PM-10 increments, see the June 3, 1993 Federal

Register notice.

In order to address the PM-10 increments, Colorado revised the

following sections of its PSD permitting regulations in Colorado

Regulation No. 3:

(1) The definition of ``baseline area'' in Section I.B.10. of Part

A of Regulation No. 3 was revised to conform with 40 CFR

51.166(b)(15)(iii);

(2) The definition of ``minor source baseline date'' in Section

I.B.35. of Part A of Regulation No. 3 was revised to conform with 40

CFR 51.166(b)(14)(iv);

(3) The definition of ``net emissions increase'' in Section I.B.37.

of Part A of Regulation No. 3 was revised to conform with 40 CFR

51.166(3)(iv);

(4) The State added language to Section IV.D.3.b.(v) of Part B of

Regulation No. 3 to address the provisions in 40 CFR 51.166(i)(12),

which allows a State to provide an exemption from addressing the new

PM-10 increments for sources who have submitted a PSD permit

application which the State has determined to be complete before the

PM-10 increments take effect;

(5) The State revised the increments tables in Section VII.A.1. of

Part B of Regulation No. 3 to incorporate the PM-10 increments in 40

CFR 51.166(c);

(6) The State revised Section X.D. of Part B of Regulation No. 3 to

address the changes reflecting PM-10 increments in 40 CFR 51.166(p)(4);

and

(7) The State revised Section V.D.11. of Part A of Regulation No.

3, which discusses when modeling is required to determine ambient

equivalence of emissions trades, to replace the TSP Class I increments

with the PM-10 Class I increments (for determining whether an ambient

impact is significant).

EPA has reviewed these revisions and has found that the revisions

address all of the required regulatory revisions for PM-10 increments

promulgated by EPA on June 3, 1993.

b. TSP Area Deletions. Section 107(d) of the 1977 Amendments to the

Act authorized each State to submit to the Administrator a list

identifying those areas which (1) do not meet a national ambient air

quality standard (NAAQS) (nonattainment areas), (2) cannot be

classified on the basis of available ambient data (unclassifiable

areas), and (3) have ambient air quality levels better than the NAAQS

(attainment areas). In 1978, the EPA published the original list of all

area designations pursuant to section 107(d)(2) (commonly referred to

[[Page 13334]]

as ``section 107 areas''), including those designations for TSP, in 40

CFR part 81.

One of the purposes stated in the Act for the section 107 areas is

for implementation of the statutory requirements for PSD. The PSD

provisions of part C of the Act generally apply in all section 107

areas that are designated attainment or unclassifiable [40 CFR

52.21(i)(3)]. Under the PSD program, the air quality in an attainment

or unclassifiable area is not allowed to deteriorate beyond prescribed

maximum allowable increases in pollutant concentrations (i.e.,

increments).

EPA revised the primary and secondary NAAQS for particular matter

on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the

NAAQS and replacing it with the PM-10 indicator. However, EPA did not

delete the section 107 areas for TSP listed in 40 CFR part 81 at that

time because there were no increments for PM-10 promulgated at that

time.1 States were required to continue implementing the TSP

increments in order to prevent significant deterioration of particulate

matter air quality until the PM-10 increments replaced the TSP

increments. With the State adoption and implementation of the PM-10

increments becoming effective, the TSP area designations generally

serve no useful purpose relative to the PSD program. Instead, the PM-10

area designations now serve to properly identify those areas where air

quality is better than the NAAQS, i.e., ``PSD areas,'' and to provide

the geographic link necessary for implementation of the PM-10

increments.2

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\1\ The EPA did not promulgate new PM-10 increments

simultaneously with the promulgation of the PM-10 NAAQS. Under

section 166(b) of the Act, EPA is authorized to promulgate new

increments ``not more than 2 years after the date of promulgation of

* * * standards.'' Consequently, EPA temporarily retained the TSP

increments, as well as the section 107 areas for TSP.

\2\ It should be noted that 40 CFR part 81 does not presently

list all section 107 areas for PM-10. Only those areas designated

``nonattainment'' appear in the State listings. This is because

under the listings published by EPA in the Federal Register on

November 6, 1991, EPA's primary objective was to identify

nonattainment areas designated as such by operation of law upon

enactment of the 1990 Amendments. For States having no PM-10

nonattainment areas designated by operation of law, EPA did not

include a new PM-10 listing. Nevertheless, section 107(d)(4)(B)(iii)

mandates that all areas not designated nonattainment for PM-10 by

operation of law, are designated unclassifiable. The PM-10

increments apply in any area designated unclassifiable for PM-10.

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Thus, in the June 3, 1993 Federal Register notice in which EPA

promulgated the PM-10 increments, EPA stated that, for States with SIP-

approved PSD programs, EPA would delete the TSP area designations at

the same time EPA approves the revision to a State's plan incorporating

the PM-10 increments. In deleting any State's TSP area designations,

EPA must ensure that the deletion of those designations will not result

in a relaxation of any control measures that ultimately protect the PM-

10 NAAQS.

The following TSP nonattainment areas in Colorado are included in

nonattainment designations for PM-10: the Boulder Urbanized Area and

the Denver Urbanized Area. The State has adopted a PM-10 SIP for the

Denver Metropolitan area (which includes the Boulder area). Thus, EPA

believes it is appropriate at this time to delete the TSP area

designations for these areas.

Colorado has three areas listed in 40 CFR part 81 as nonattainment

for the TSP standards but which are not designated nonattainment for

PM-10: the cities of Fort Collins and Greeley, the Colorado Springs 3-C

urbanized area, and the Grand Junction urbanized area. EPA has reviewed

the existing approved particulate matter control strategies for these

areas and has determined that the deletion of the TSP nonattainment

status for these areas will not result in a relaxation of any controls

that would adversely impact the PM-10 NAAQS. Consequently, EPA believes

it is appropriate at this time to delete the TSP designations for these

areas. If the State subsequently revises any of the particulate matter

control strategies currently in the SIP for these areas, it must submit

a SIP revision to EPA for approval that must meet all applicable

Federal requirements.

As stated above, the State has adopted adequate provisions in its

PSD program for the implementation of the PM-10 increments. Therefore,

EPA is deleting the State's existing TSP designation table in 40 CFR

81.306.

c. Other Administrative Revisions. As discussed above, the State

made other minor administrative revisions to Regulation No. 3 in its

August 1, 1996 SIP submittal. These revisions included correction of

errors in the numbering of certain sections, errors which occurred in

the printing of Regulation No. 3 in the Code of Colorado Regulations,

and other minor deficiencies. Specifically in Part A of Regulation No.

3, the State revised the numbering of the definitions in Section I.B.,

Section I.B.36., Sections IV.B. and C., and Section V.C.1. Regarding

Section I.B. which contains the definitions applicable to Regulation

No. 3, EPA noted additional numbering errors in this section which the

State needs to correct. Therefore, EPA is not approving the revisions

to this section at this time, with the exception of those specific

definitions that were revised to reflect the PM-10 PSD increments (as

discussed in Section II.A.2.a. of this document).

EPA believes it is appropriate to approve all of the other minor

revisions at this time, with the exception of Section IV.C. of Part A.

This provision in this section, which allows for emissions trading

under a construction or title V operating permit cap, was originally

submitted as a revision to the SIP on November 12, 1993 along with many

other revisions to Regulation No. 3. In EPA's January 21, 1997 Federal

Register promulgating action on the State's November 12, 1993

submittal, EPA did not take action on Section IV.C. of Part A of

Regulation No. 3. For the reasons stated in that Federal Register, EPA

is not taking action on the revisions to Section IV.C. in this action.

(See 62 FR 2911 for further details.)

B. Amendment to 40 CFR 52.343(a)(3)

On September 2, 1986, EPA approved Colorado's PSD regulations (51

FR 31125). In that approval, EPA indicated that the Federal PSD

regulations would remain in effect for sources that had previously

received PSD permits from EPA. On June 15, 1987, EPA issued a

correction notice regarding the approval of Colorado's PSD regulations

(52 FR 22638). In that correction notice, EPA revised language in 40

CFR 52.343(a)(10) 3 to clarify that EPA was retaining PSD

authority not only for sources which received a PSD permit from EPA

before September 2, 1986, but also for sources that constructed before

EPA's September 2, 1986 approval of Colorado's PSD regulations. EPA

explained that this correction was needed because Colorado's PSD

regulations allowed Colorado to issue PSD permits only to sources that

applied for a permit after EPA's approval of Colorado's PSD program.

EPA further explained that neither EPA nor Colorado intended to create

any gaps in the PSD program through EPA approval of the Colorado

regulations.

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\3\ Note: 40 CFR 52.343(a)(10) was redesignated as 40 CFR

52.343(a)(4) on August 18, 1994 (59 FR 42506), and 40 CFR

52.343(a)(4) was redesignated as 40 CFR 52.343(a)(3) on January 21,

1997 (62 FR 2914).

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The approval language in the June 15, 1987 correction notice has

led to some confusion. The correction notice focused only on the status

of sources as of the date of approval of Colorado's PSD program and did

not consider future source changes or permit applications. For example,

major sources subject to EPA's PSD regulations may have constructed or

modified before September 2, 1986 without applying for a PSD permit. If

[[Page 13335]]

these sources were to apply to Colorado for a PSD permit after

September 2, 1986, Colorado would have authority under Colorado law to

issue PSD permits to such sources. However, the language in EPA's June

15, 1987 correction notice might be read to require that EPA issue

permits to such sources. This would be contrary to EPA's intent in

issuing the correction notice which was to eliminate any gaps in

coverage, not to retain authority in instances in which Colorado has

the authority to issue PSD permits under State law. In addition, the

correction notice did not address the question of which agency should

issue permits to sources that received permits from EPA before

September 2, 1986, but that seek a major modification after September

2, 1986. Similar questions pertain to major sources which constructed

before EPA's PSD program became effective, and then later seek a major

modification.

Accordingly, EPA believes it is appropriate to correct the language

currently in 40 CFR 52.343(a)(3) to clarify that the retention of EPA's

PSD authority applies only to sources which constructed prior to

September 2, 1986 and which have not otherwise subjected themselves to

Colorado's PSD permitting regulations after September 2, 1986, either

through application to Colorado for a PSD permit (in the case of those

sources which improperly constructed without obtaining a PSD permit) or

through application to Colorado for a major modification to the source.

This correction is consistent with the manner in which EPA and Colorado

have been implementing the PSD program within Colorado. EPA is making

this correction under section 110(k)(6) of the Act.

Note that this action does not alter Colorado's PSD permitting

jurisdiction. The State does not have authority to issue PSD permits to

new or modified stationary sources proposing to locate within the

exterior boundaries of Indian reservations or on Indian lands; EPA

retains PSD permitting authority for such sources. [See 40 CFR

52.343(a)(1) & (2).]

III. Final Action

Based on the review and justification provided in this document and

the accompanying Technical Support Document (TSD), EPA is approving the

SIP revision regarding PSD permitting submitted by the State of

Colorado on August 1, 1996. However, for the reasons discussed above,

EPA is not acting on the minor administrative changes made to Section

I.B. of Part A of Regulation No. 3, nor is EPA acting on Section IV.C.

of Part A of Regulation No. 3 at this time. In addition, EPA is

deleting Colorado's TSP area designation table in 40 CFR 81.306, and

EPA is revising the PM-10 area designation table in 40 CFR 81.306 to

add the following areas designated as unclassifiable for PM-10: 4

Air Quality Control Region (AQCR) 1, AQCR 2, AQCR 3 (excluding the

Denver Metropolitan moderate PM-10 nonattainment area), AQCR 4, AQCR 5,

AQCR 6 (excluding the Lamar moderate PM-10 nonattainment area), AQCR 7,

AQCR 8, AQCR 9 (excluding the Pagosa Springs moderate PM-10

nonattainment area), AQCR 10 (excluding the Telluride moderate PM-10

nonattainment area), AQCR 11, AQCR 12 (excluding the Aspen/Pitkin

County and Steamboat Springs Area Airshed moderate PM-10 nonattainment

areas), and AQCR 13 (excluding the Canon City moderate PM-10

nonattainment area). Since these AQCRs encompass the entire State, EPA

is deleting the ``Rest of State'' PM-10 area.

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\4\ EPA is designating the PM-10 areas as unclassifiable, rather

than attainment, at this time to be consistent with section

107(d)(4)(B) of the Act which stated that any area which was not

initially designated as nonattainment for PM-10 shall be designated

unclassifiable. EPA will consider redesignating these areas to

``attainment'' status at a later date. Both ``unclassifiable'' and

``attainment'' areas have the same status for PSD purposes.

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EPA is also amending the language in 40 CFR 52.343(a)(3) to further

clarify which sources EPA retains PSD permitting authority over in the

State of Colorado.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective May 19, 1997 unless, by April 21, 1997, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on May 19, 1997.

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 a SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify 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 government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on small entities affected. Moreover, due

to the nature of the Federal-state relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Act forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

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

[[Page 13336]]

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 proposed 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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. 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 May 19, 1997. 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 must 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, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: February 27, 1997.

Patricia D. Hull,

Acting Regional Administrator.

Title 40, chapter I of the Code of Federal Regulations is amended

as follows:

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

follows:

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

PART 52--[AMENDED]

2. Section 52.320 is amended by adding paragraph (c)(81) to read as

follows:

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(81) On August 1, 1996, the Governor of Colorado submitted

revisions to the prevention of significant deterioration regulations in

Regulation No. 3 to incorporate changes in the Federal PSD permitting

regulations for PM-10 increments and to make other minor administrative

revisions.

(i) Incorporation by reference.

(A) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR

1001-5, revisions adopted 8/17/95, effective 10/30/95, as follows: Part

A, Section I.B., as follows: the definition of ``baseline area'' in

subsection 10, the definition of ``minor source baseline date'' in

subsection 35, and the definition of ``net emissions increase'' in

subsection 37; Part A: Sections IV.B., V.C.1., and V.D.11.c.; Part B:

Sections IV.D.3.b.(v), VII.A.1., and X.D.

3. Section 52.343 is amended by revising paragraph (a)(3) to read

as follows:

Sec. 52.343 Significant deterioration of air quality.

* * * * *

(a) * * *

(3) Sources which constructed prior to September 2, 1986 and which

have not otherwise subjected themselves to Colorado's PSD permitting

regulations after September 2, 1986, either through application to

Colorado for a PSD permit (in the case of those sources which

improperly constructed without obtaining a PSD permit) or through

application to Colorado for a major modification to the source.

* * * * *

PART 81--[AMENDED]

4. Section 81.306 is amended by removing the table for ``Colorado-

TSP'' and by removing the entry in the table for ``Colorado-PM-10'' for

``Rest of State.''

5. Section 81.306 is amended by adding entries at the end of the

table for ``Colorado-PM-10'' for ``AQCR 1'', ``AQCR 2,'' ``AQCR 3,''

``AQCR 4,'' ``AQCR 5,'' ``AQCR 6,'' AQCR 7,'' AQCR 8,'' ``AQCR 9,''

``AQCR 10,'' ``AQCR 11,'' ``AQCR 12,'' and ``AQCR 13'' to read as

follows:

Sec. 81.306 Colorado.

* * * * *

Colorado--PM-10

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Designation Classification

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

Date Type Date Type

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* * * *

AQCR 1........................... 11/15/90 Unclassifiable

AQCR 2........................... 11/15/90 Unclassifiable

AQCR 3 (excluding the Denver 11/15/90 Unclassifiable

Metropolitan PM-10 nonattainment

area).

AQCR 4........................... 11/15/90 Unclassifiable

AQCR 5........................... 11/15/90 Unclassifiable

AQCR 6 (excluding the Lamar PM-10 11/15/90 Unclassifiable

nonattainment area).

AQCR 7........................... 11/15/90 Unclassifiable

AQCR 8........................... 11/15/90 Unclassifiable

AQCR 9 (excluding the Pagosa 11/15/90 Unclassifiable

Springs PM-10 nonattainment

area).

AQCR 10 (excluding the Telluride 11/15/95 Unclassifiable

PM-10 nonattainment area).

AQCR 11.......................... 11/15/95 Unclassifiable

[[Page 13337]]

AQCR 12 (excluding the Aspen/ 11/15/90 Unclassifiable

Pitkin County and Steamboat

Springs Area Airshed PM-10

nonattainment areas).

AQCR 13 (excluding the Canon City 1/15/90 Unclassifiable

PM-10 nonattainment area).

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[FR Doc. 97-7096 Filed 3-19-97; 8:45 am]

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