[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22527]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[CO29-1-6611, CO29-1-6619, & CO36-5-6598; FRL-5068-4]

 

Clean Air Act Approval and Promulgation of PM10 
Implementation Plan for Colorado; Designation of Areas for Air Quality 
Planning Purposes; Telluride

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA partially approves the State implementation plan (SIP) 
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), including: control measures, technical 
analyses, and other Clean Air Act SIP requirements, with the exception 
of the quantitative milestones element. The SIP was submitted by the 
Governor of Colorado in a letter dated March 17, 1993 to satisfy 
certain federal requirements for an approvable SIP for the Telluride, 
Colorado moderate PM10 nonattainment area. EPA conditionally 
approves the quantitative milestone element because the SIP does not 
demonstrate maintenance of the PM10 NAAQS through 1997. However, 
the State has committed to adopt control measures necessary to provide 
for maintenance.
    In addition, EPA approves the SIP revision submitted by the 
Governor with a letter dated December 9, 1993 to address contingency 
measure requirements for the Telluride moderate PM10 nonattainment 
area.
    Finally, EPA amends the boundary for the Telluride nonattainment 
area to clarify the original description.

EFFECTIVE DATE: This rule will become effective on October 19, 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 80202-2405
Colorado Department of Health, Air Pollution Control Division, 4300 
Cherry Creek Drive South, Denver, Colorado 80222-1530
The Air and Radiation Docket and Information Center, 401 M Street, SW, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection 
Agency, Region VIII, (303) 293-1769.

SUPPLEMENTARY INFORMATION:

I. Background

    The Telluride, 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 
(Telluride). 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 Act.\2\
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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.
    \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 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 proposal 
and the supporting rationale.
    Those States containing initial moderate PM10 nonattainment 
areas (those areas designated 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 modelling) 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 three 
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 were 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)). 
The State has submitted such a permit program, and EPA will address 
that submittal in a separate action. Such States also were 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 reasonable further progress or to 
attain the PM10 NAAQS by the applicable statutory deadline (see 
section 172(c)(9) and 57 FR 13543-13544). The State of Colorado has 
submitted contingency measures for Telluride and EPA is addressing 
those measures in this action.
    On June 23, 1994, EPA announced its proposed action on the 
Telluride, Colorado moderate nonattainment area PM10 SIP and 
contingency measures (59 FR 32397-32405). In that proposed rulemaking 
and related Technical Support Document (TSD), EPA described its 
interpretations of title I and its rationale for the proposed 
rulemaking taking into consideration the specific factual issues 
presented.
    EPA requested public comments on all aspects of the proposal 
(please reference 59 FR 32404). No comments were received. This final 
action on the Telluride moderate nonattainment area PM10 SIP is 
unchanged from the June 23, 1994 proposed action.
    The discussion herein provides only a broad overview of the 
proposed action EPA is now finalizing. The public is referred to the 
June 23, 1994 proposed rule for a more in depth discussion of the 
action now being finalized.

II. 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 Telluride PM10 SIP in a letter dated March 
17, 1993, and the Telluride PM10 contingency measures in a letter 
dated December 9, 1993. As described in EPA's proposed action on this 
SIP (59 FR 32397-32405), the Telluride moderate nonattainment area plan 
includes, among other things, technical analyses, control measures to 
satisfy the RACM requirement, a demonstration (including air quality 
modelling) that attainment of the PM10 NAAQS will be achieved by 
December 31, 1994, and enforceability documentation. Further, EPA 
proposed to determine that major sources of precursors of PM10 do 
not contribute significantly to PM10 levels in excess of the NAAQS 
in Telluride.\3\
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    \3\The consequences of this finding are to exclude these sources 
from the applicability of PM10 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.
---------------------------------------------------------------------------

    In this final rulemaking, EPA announces its partial approval of 
those elements (excluding the quantitative milestone element) of the 
Telluride PM10 SIP, which were due on November 15, 1991 and 
submitted on March 17, 1993. Further, section 110(k)(4) of the Act 
authorizes EPA to approve a plan revision based on a commitment of the 
State to adopt specific enforceable measures by a date certain, but not 
later than one year after the date of approval of the plan revision. 
Hence, EPA announces its conditional approval of the quantitative 
milestones element of the Telluride PM10 SIP based on the State's 
commitment, dated April 21, 1994, to adopt control measures for 
Telluride by November 30, 1994 that are necessary to demonstrate 
maintenance of the PM10 NAAQS. Section 110(k)(4) provides that any 
such conditional approval shall be treated as a disapproval if the 
state fails to comply with such commitment.\4\
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    \4\If the State fails to comply with its commitment, this 
conditional approval of the quantitative milestones element will 
become a disapproval upon EPA notification of the State by letter. 
EPA subsequently will publish a notice in the ``Notices Section'' of 
the Federal Register announcing such action and explaining its 
implications. If this conditional approval is converted to a 
disapproval, the sanctions clock under section 179(a) of the Act 
will begin. This clock will begin at the time EPA issues a final 
disapproval or at the time EPA notifies the State by letter that a 
conditional approval has been converted to a disapproval.
---------------------------------------------------------------------------

    The quantitative milestone element of the Telluride SIP is 
deficient in that it does not demonstrate that the second quantitative 
milestone--continued maintenance from 1994 through 1997--will be 
achieved. EPA conditionally approves this element of the SIP in light 
of the State's commitment to adopt additional control measures 
necessary to provide for continued maintenance.
    The State has indicated that it intends to address the maintenance 
issue by proposing for adoption additional control measures to maintain 
the PM10 NAAQS through 1997. In an April 21, 1994 letter from 
Thomas Getz, Colorado Air Pollution Control Division (APCD), to Douglas 
M. Skie, EPA, the State made the following commitments: (1) maintenance 
control measures and any related SIP revision will be proposed to the 
Colorado Air Quality Control Commission (AQCC) by July 21, 1994; (2) a 
public hearing on such regulations and SIP revision will be held by 
October 20, 1994; and (3) the adopted regulations and SIP revision will 
be submitted to EPA by November 30, 1994. The effective date of such 
measures must be November 1, 1995, but could be as early as December 1, 
1994.
    Upon adoption and submittal to EPA, these additional control 
measures for maintenance will be evaluated for their adequacy in 
allowing the area to demonstrate maintenance through 1997.
    On August 16, 1994, EPA only partially approved the State's 
nonattainment new source review (NSR) permitting regulations for the 
Telluride moderate PM10 nonattainment area (among others) because 
the State did not submit NSR permitting regulations for sources of 
PM10 precursors in Telluride and because EPA had not yet found 
that such sources did not contribute significantly in Telluride (see 59 
FR 33213). In this final rulemaking, EPA is now finalizing its finding 
that major stationary sources of precursors of PM10 do not 
contribute significantly to PM10 levels in excess of the NAAQS in 
Telluride. The consequence of this finding is to exclude major 
stationary sources of PM10 precursors in Telluride from the 
applicability of PM10 nonattainment area control requirements, 
including nonattainment NSR permitting requirements. Thus, the State's 
nonattainment NSR regulations for Telluride area now considered fully 
approved.
    In this final rulemaking action EPA also announces its full 
approval of the PM10 contingency measures that were due on 
November 15, 1993 and submitted by the State on December 9, 1993. In 
addition, EPA amends the nonattainment area boundary description for 
Telluride in order to clarify the original description.
    Please refer to EPA's proposed rulemaking (59 FR 32397) and the TSD 
for that action for a detailed discussion of these elements of the 
Telluride plan.
    EPA finds that the State of Colorado's PM10 SIP for the 
Telluride moderate nonattainment area meets the Reasonably Available 
Control Measures (RACM), including Reasonably Available Control 
Technology (RACT), requirement. Colorado's SIP revision for Telluride 
contains control measures for sources of wood and coal burning. The 
State has demonstrated that by applying control measures to this area 
source, Telluride will be in attainment by December 31, 1994, and it 
does not appear that apply further control measures to these sources 
would expedite attainment.
    Therefore, EPA views the following measure as reasonable, 
enforceable, and responsible for significant PM10 emissions 
reductions in Telluride: Colorado regulation entitled ``State 
Implementation Plan--Specific Regulations for Local Elements, II. 
Telluride Nonattainment Area,'' which requires continued implementation 
of local programs to control solid fuel burning devices, eliminate coal 
burning, and prohibit installation of additional solid fuel burning 
devices. The RACM (including RACT) provisions in the SIP are described 
further in the TSD associated with EPA's June 23, 1994 proposed 
rulemaking on this SIP.
    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 rulemaking for the Telluride moderate PM10 
nonattainment area SIP (59 FR 32397). EPA has reviewed the state's 
documentation and concluded that it adequate justifies the control 
measure to be implemented. The implementation of Colorado's PM10 
nonattainment plan for Telluride will result in attainment of the 
PM10 NAAQS by December 31, 1994. EPA is approving the Telluride 
PM10 plan's control strategy as satisfying the RACM (including 
RACT) requirement.
    EPA also finds that the State of Colorado's December 9, 1993 
submittal of PM10 contingency measures for the Telluride moderate 
PM10 nonattainment area meets the requirements of section 
172(c)(9) of the Act. Specifically, section II.B. of the State 
regulation entitled ``State Implementation Plan-Specific Regulations 
for Local Elements'' provides that, upon the determination that the 
area has failed to attain the PM10 NAAQS or make reasonable 
further progress (RFP), the following will be implemented: (1) 0.30 
miles of dirt roads within the Town of Telluride will be chip-seal 
paved, and (2) either 2.0 miles of unpaved San Miguel County gravel 
roads at the Ski Ranches Subdivision or 0.75 miles of private dirt 
roads at the Hillside/Gold King Subdivision (each within the Telluride 
nonattainment area) will be chip-seal paved. EPA has reviewed the 
State's documentation and regulation and concluded that they adequately 
meet the requirements of section 172(c)(9) of the Act. By this action, 
EPA is approving the PM10 contingency measures for the Telluride 
moderate PM10 nonattainment area.
    Finally, EPA announces a clarification to the Telluride moderate 
PM10 nonattainment area boundary, which is based on a legal 
description of the map outline of the area, as follows.
    The Telluride nonattainment area begins at the intersection of 
Colorado State Highway 145 and the Telluride service area boundary, as 
it existed in 1991. The western edge of the nonattainment area until it 
meets Remine Creek is defined as follows:
    A tract of land located in a portion of the west one-half of 
Section 28 and the east one-half of Section 29, Township 43 North, 
Range 9 west, of the New Mexico Principal Meridian, County of San 
Miguel, State of Colorado, described as follows:

Beginning at the southwest corner of the said Section 28;
    Thence N 89 deg.36'00'' W. 292.70 Feet;
    Thence S 04 deg.05'12'' W. 538.63 Feet;
    Thence N 03 deg.29'42'' W. 780.19 Feet;
    Thence N 22 deg.15'00'' E. 3,344.16 Feet;
    Thence S 51 deg.51'49'' E. 570.44 Feet;
    Thence S 03 deg.15'36'' E. 1,106.22 Feet;
    Thence S 45 deg.24'42'' E. 546.96 Feet;
    Thence S 28 deg.41'12'' W. 549.62 Feet;
    Thence S 29 deg.40'09'' E. 169.68 Feet;
    Thence S 44 deg.30'03'' W. 649.51 Feet;
    Thence S 85 deg.54'00'' E. 660.00 Feet;
    Thence S 04 deg.06'00'' W. 660.00 Feet;
    Thence N 89 deg.56'00'' E. 1,318.68 Feet; to the true point of 
beginning containing 11,249 acres as described above.

    Then, at Remine Creek, the nonattainment boundary follows the 
service area boundary for 9.65 miles to the eastern edge of the area, 
continuing to follow the 9,200 foot contour line. The boundary then 
intersects Bear Creek. Here the nonattainment boundary diverges from 
the service area boundary (9,200 foot contour line). The nonattainment 
boundary continues in a west, southwest direction for 0.92 miles from 
the intersection of the 9,200 foot contour line and Bear Creek to the 
top of ski lift number 9 in the Telluride Ski Area at an elevation of 
about 11,900 feet. The boundary then shifts and runs in a north-
westerly direction for 0.83 miles from the top of lift 9 to the top of 
lift 7, which is located at an elevation of 10,490 feet. From the top 
of lift 7, the nonattainment boundary continues in a north-westerly 
direction for 0.5 miles to the intersection of lift 3 with the 10,000 
foot control line. The nonattainment boundary follows the 10,000 foot 
contour line in a south, south-west direction for 3.2 miles, until it 
intersects Skunk Creek. Here the boundary diverges from the 10,000 foot 
contour line and follows Skunk Creek in a northerly direction for 2.25 
miles. At the intersection of Skunk Creek and Colorado State Highway 
145, the nonattainment boundary leaves the creek and follows Highway 
145 in a northerly direction until it meets the service area boundary 
as it existed prior to changes adopted in 1991.
    EPA is replacing the boundary description currently in 40 CFR 
81.306 with this revised description to more clearly define the 
nonattainment area. Note that this description is merely a more 
detailed explanation of the boundary and not a change in the boundary 
itself.
    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.

III. Final Action

    This document announces EPA's final action on the rulemaking 
proposed at 59 FR 32397 on June 23, 1994. As noted elsewhere in this 
action, EPA received no 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 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.
    Approvals and conditional approvals of SIP submittals under 
sections 110 and 301, and subchapter I, part D of the Clean Air 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 Clean Air 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air 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).
    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 November 18, 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 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)).
    The Office of Management and Budget (OMB) has exempted these 
actions from review under Executive Order 12866.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and record keeping requirements, 
Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 31, 1994.
Jack W. McGraw,
Acting, Regional Administrator.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

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

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

    2. Section 52.320 is amended by adding paragraph (c)(68) to read as 
follows:


Sec. 52.320  Identification of plan.

* * * * *
    (c) * * *
    (68) The Governor of Colorado submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Telluride, Colorado with a letter dated 
March 17, 1993. The submittal was made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Telluride on 
November 15, 1991; however, the submittal did not contain quantitative 
milestones to provide for maintenance of the PM10 National Ambient 
Air Quality Standards through December 1997. The Governor of Colorado 
submitted moderate PM10 nonattainment area contingency measures 
for Telluride with a letter dated December 9, 1993. This submittal was 
intended to satisfy the requirements of section 172(c)(9) of the Clean 
Air Act due on November 15, 1993.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Nonattainment Areas 
regulation, Section II., Telluride Nonattainment Area, adopted January 
21, 1993 and effective on March 2, 1993, with revisions adopted 
November 12, 1993 and effective December 30, 1993.
    (ii) Additional material.
    (A) The commitment and schedule for the adoption and implementation 
of PM10 control measures that are necessary to demonstrate 
maintenance of the 24-hour PM10 standard in Telluride, which were 
submitted in an April 21, 1994 letter from Thomas Getz, Air Pollution 
Control Division, to Douglas M. Skie, EPA.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Sec. 81.306 the table for Colorado-PM10 Nonattainment 
Areas is amended under San Miguel County by revising the entry for 
``Telluride'' to read as follows:


Sec. 81.306  Colorado

* * * * *

                                      Colorado.--PM-10 Nonattainment Areas                                      
----------------------------------------------------------------------------------------------------------------
                                              Designation                              Classification           
      Designated Area        -----------------------------------------------------------------------------------
                                 Date                   Type                   Date                Type         
----------------------------------------------------------------------------------------------------------------
San Miguel County                                                                                               
    Telluride...............     11/15/90  Nonattainment                       11/15/90  Moderate               
        The Telluride                                                                                           
         nonattainment area                                                                                     
         begins at the                                                                                          
         intersection of                                                                                        
         Colorado State                                                                                         
         Highway 145 and the                                                                                    
         Telluride service                                                                                      
         area boundary, as                                                                                      
         it existed in 1991.                                                                                    
         The western edge of                                                                                    
         the nonattainment                                                                                      
         area until it meets                                                                                    
         Remine Creek is                                                                                        
         defined as follows:                                                                                    
         A tract of land                                                                                        
         located in a                                                                                           
         portion of the west                                                                                    
         one-half of Section                                                                                    
         28 and the east one-                                                                                   
         half of Section 29,                                                                                    
         Township 43 North,                                                                                     
         Range 9 west, of                                                                                       
         the New Mexico                                                                                         
         Principal Meridian,                                                                                    
         County of San                                                                                          
         Miguel, State of                                                                                       
         Colorado, described                                                                                    
         as follows:                                                                                            
         Beginning at the                                                                                       
         southwest corner of                                                                                    
         the said Section                                                                                       
         28; Thence N 89                                                                                        
         deg.36'00'' W.                                                                                         
         292.70 Feet; Thence                                                                                    
         S 04 deg.05'12'' W.                                                                                    
         538.63 Feet; Thence                                                                                    
         N 03 deg.29'42'' W.                                                                                    
         780.19 Feet; Thence                                                                                    
         N 22 deg.15'00''E.                                                                                     
         3344.16 Feet;                                                                                          
         Thence S 51                                                                                            
         deg.51'49'' E.                                                                                         
         570.44 Feet; Thence                                                                                    
         S 03 deg.15'36'' E.                                                                                    
         1106.22 Feet;                                                                                          
         Thence S 45                                                                                            
         deg.24'42'' E.                                                                                         
         546.96 Feet; Thence                                                                                    
         S 28 deg.41'12'' W.                                                                                    
         549.62 Feet; Thence                                                                                    
         S 29 deg.40'09'' E.                                                                                    
         169.68 Feet; Thence                                                                                    
         S 44 deg.30'03'' W.                                                                                    
         649.51 Feet; Thence                                                                                    
         S 85 deg.54'00'' E.                                                                                    
         660.00 Feet; Thence                                                                                    
         S 04 deg.06'00'' W.                                                                                    
         660.00 Feet; Thence                                                                                    
         N 89 deg.56'00'' E.                                                                                    
         1318.68 Feet; to                                                                                       
         the true point of                                                                                      
         beginning                                                                                              
         containing 11249                                                                                       
         acres as described                                                                                     
         above.                                                                                                 
        Then, at Remine                                                                                         
         Creek, the                                                                                             
         nonattainment                                                                                          
         boundary follows                                                                                       
         the service area                                                                                       
         boundary for 9.65                                                                                      
         miles to the 9,200                                                                                     
         foot contour line.                                                                                     
         The boundary then                                                                                      
         intersects Bear                                                                                        
         Creek. Here the                                                                                        
         nonattainment                                                                                          
         boundary diverges                                                                                      
         from the service                                                                                       
         area boundary                                                                                          
         (9,200 foot contour                                                                                    
         line). The                                                                                             
         nonatttainment                                                                                         
         boundary continues                                                                                     
         in a west,                                                                                             
         southwest direction                                                                                    
         for 0.92 miles from                                                                                    
         the intersection of                                                                                    
         the 9,200 foot                                                                                         
         contour line and                                                                                       
         Bear Creek to the                                                                                      
         top of ski lift                                                                                        
         number 9 in the                                                                                        
         Telluride Ski Area                                                                                     
         at an elevation of                                                                                     
         about 11,900 feet.                                                                                     
         The boundary then                                                                                      
         shifts and runs in                                                                                     
         a north-westerly                                                                                       
         direction for 0.83                                                                                     
         miles from the top                                                                                     
         of lift 9 to the                                                                                       
         top of lift 7,                                                                                         
         which is located at                                                                                    
         an elevation of                                                                                        
         10,490 feet. From                                                                                      
         the top of lift 7,                                                                                     
         the nonattainment                                                                                      
         boundary continues                                                                                     
         in a north-westerly                                                                                    
         direction for 0.5                                                                                      
         miles to the                                                                                           
         intersection of                                                                                        
         lift 3 with the                                                                                        
         10,000 foot control                                                                                    
         line. The                                                                                              
         nonattainment                                                                                          
         boundary follows                                                                                       
         the 10,000 foot                                                                                        
         contour line in a                                                                                      
         south, south-west                                                                                      
         direction for 3.2                                                                                      
         miles, until it                                                                                        
         intersects Skunk                                                                                       
         Creek. Here the                                                                                        
         boundary diverges                                                                                      
         from the 10,000                                                                                        
         foot contour line                                                                                      
         and follows Skunk                                                                                      
         Creek in a                                                                                             
         northerly direction                                                                                    
         for 2.25 miles. At                                                                                     
         the intersection of                                                                                    
         Skunk Creek and                                                                                        
         Colorado State                                                                                         
         Highway 145, the                                                                                       
         nonattainment                                                                                          
         boundary leaves the                                                                                    
         creek and follows                                                                                      
         Highway 145 in a                                                                                       
         northerly direction                                                                                    
         until it meets the                                                                                     
         service area                                                                                           
         boundary as it                                                                                         
         existed prior to                                                                                       
         changes adopted in                                                                                     
         1991                                                                                                   
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 94-22527 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-P-M