[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17692]


[[Page Unknown]]

[Federal Register: July 25, 1994]


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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]
BILLING CODE 6560-50-P