[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12159]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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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.

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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.
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    \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.
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    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
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    \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.
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    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                                      
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                                                           Designation                     Classification       
                Designated area                -----------------------------------------------------------------
                                                    Date             Type              Date           Type      
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                                                  * * * * * * *                                                 
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\.                                                                                 
                                                                                                                
                                                  * * * * * * *                                                 
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[FR Doc. 94-12159 Filed 5-18-94; 8:45 am]
BILLING CODE 6560-50-P