[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Rules and Regulations]
[Pages 13332-13337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7096]


-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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                                                
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification           
         Designated area          ------------------------------------------------------------------------------
                                       Date                Type                Date               Type          
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                           *                  *                  *                  *                           
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).                                                                                     
----------------------------------------------------------------------------------------------------------------

[FR Doc. 97-7096 Filed 3-19-97; 8:45 am]
BILLING CODE 6560-50-P