[Federal Register Volume 69, Number 205 (Monday, October 25, 2004)]
[Rules and Regulations]
[Pages 62210-62217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23840]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CO-001-0077a; FRL-7815-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Designation of Areas for Air Quality Planning Purposes, 
Steamboat Springs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final rule action to approve a State 
Implementation Plan (SIP) revision submitted by the State of Colorado 
on July 31, 2002, for the purpose of redesignating the Steamboat 
Springs, Colorado area from nonattainment to attainment for particulate 
matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10) under the 1987 standards. The Governor's 
submittal, among other things, documents that the Steamboat Springs 
area has attained the PM10 national ambient air quality 
standards (NAAQS), requests redesignation to attainment and includes a 
maintenance plan for the area demonstrating maintenance of the 
PM10 NAAQS for ten years. On August 5, 2004, EPA proposed to 
approve (69 FR 47399) in parallel with a direct final rule (69 FR 
47366) Colorado's Steamboat Springs submittal in conjunction with 
Colorado's submittal to redesignate Lamar, Colorado. However, adverse 
comments pertaining to the Lamar PM10 redesignation were 
received during the public comment period, therefore, EPA withdrew the 
approval of Lamar and Steamboat Springs. Since no comments were 
received during the public comment period on the approval of 
redesignating Steamboat Springs, EPA is acting to approve the 
redesignation in this final rule. EPA is approving this redesignation 
request and maintenance plan for Steamboat Springs because Colorado has 
met the applicable requirements of the Clean Air Act (CAA), as amended. 
Upon the effective date of this approval, the Steamboat Springs area 
will be designated attainment for the PM10 NAAQS. This 
action is being taken under sections 107, 110, and 175A of the Clean 
Air Act.

EFFECTIVE DATE: This final rule is effective November 24, 2004.

ADDRESSES: EPA has established a docket for this under Docket ID No. 
CO-001-0077a. Some information in the docket is not publicly available, 
i.e., Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Publicly available docket 
materials are available in hard copy at the Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. EPA requests that if at all possible, 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view the docket. You may view the docket Monday 
through Friday, 8 a.m. to 4 p.m., excluding federal holidays. Copies of 
the Incorporation by Reference material are also available at the Air 
and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-108 (Mail Code 6102T), 1301 Constitution 
Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Libby Faulk, Air and Radiation 
Program, U.S. EPA, Region VIII, 999 18th Street, Ste. 300 (8P-AR), 
Denver, Colorado, 80202-2466. Telephone: (303) 312-6083. E-mail 
Address: [email protected].

SUPPLEMENTARY INFORMATION: For the purpose of this document, we are 
giving meaning to certain words or initials as follows:

[[Page 62211]]

    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State mean the State of Colorado, unless the context 
indicates otherwise.

Table of Contents

I. EPA's Final Action
    A. What Action Is EPA Taking in This Direct Final Rule?
II. Summary of Redesignation Request and Maintenance Plan
    A. What Requirements Must Be Followed for Redesignation to 
Attainment?
    B. Does the Steamboat Springs Redesignation Requests and 
Maintenance Plan Meet the CAA Requirements?
    C. Have the Transportation Conformity Requirements Been Met?
    D. Did Colorado Follow the Proper Procedures for Adopting this 
Action?
III. Background
IV. Consideration of CAA section 110(l)
V. Statutory and Executive Order Reviews

I. EPA's Final Action

A. What Action Is EPA Taking in This Direct Final Rule?

    We are approving the Governor's submittal of July 31, 2002, that 
requests redesignation for the Steamboat Springs nonattainment area to 
attainment for the 1987 PM10 standards. Included in 
Colorado's submittal are changes to the ``State Implementation Plan--
Specific Regulations for Nonattainment--Attainment/Maintenance Areas 
(Local Areas)'' which we are approving, under section 110 of the CAA, 
into Colorado's SIP. We are also approving the maintenance plan for the 
Steamboat Springs PM10 nonattainment area, which was 
submitted with Colorado's July 31, 2002 redesignation request. We are 
approving this request and maintenance plan because Colorado has 
adequately addressed all of the requirements of the CAA for 
redesignation to attainment applicable to the Steamboat Springs 
PM10 nonattainment area. Upon the effective date of this 
action, the Steamboat Springs area designation status under 40 CFR Part 
81 will be revised to attainment.

II. Summary of Redesignation Request and Maintenance Plan

A. What Requirements Must Be Followed for Redesignations to Attainment?

    In order for a nonattainment area to be redesignated to attainment, 
the following conditions in section 107(d)(3)(E) of the CAA must be 
met:
    (i) We must determine that the area has attained the NAAQS;
    (ii) The applicable implementation plan for the area must be fully 
approved under section 110(k) of the CAA;
    (iii) We must determine that the improvement in air quality is due 
to permanent and enforceable reductions in emissions resulting from 
implementation of the applicable implementation plan and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions;
    (iv) We must fully approve a maintenance plan for the area as 
meeting the requirements of CAA section 175A; and,
    (v) The State containing such an area must meet all requirements 
applicable to the area under section 110 and part D of the CAA.
    Our September 4, 1992 guidance entitled ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'' outlines how to assess 
the adequacy of redesignation requests against the conditions listed 
above.
    The following is a brief discussion of how Colorado's redesignation 
request and maintenance plan meets the requirements of the CAA for 
redesignation of the Steamboat Springs area to attainment for 
PM10.

B. Does the Steamboat Springs Redesignation Request and Maintenance 
Plan Meet the CAA Requirements?

i. Attainment of the PM10 NAAQS
    A state must demonstrate that an area has attained the 
PM10 NAAQS through submittal of ambient air quality data 
from an ambient air monitoring network representing maximum 
PM10 concentrations. The data, which must be quality assured 
and recorded in the Aerometric Information Retrieval System (AIRS), 
must show that the average annual number of expected exceedances for 
the area is less than or equal to 1.0, pursuant to 40 CFR 50.6. In 
making this showing, the three most recent years of complete air 
quality data must be used.
    Colorado operates two PM10 monitoring sites in the 
Steamboat Springs PM10 nonattainment area. Colorado 
submitted ambient air quality data from both monitoring sites which 
demonstrate that the area has attained the PM10 NAAQS. These 
air quality data were quality assured and placed in AIRS. Two 
exceedances of the 24-hour PM10 NAAQS were measured in 1993 
and 1996. However, the 3-year average of estimated exceedances remained 
below 1.0 (per year) (40 CFR Part 50.6) and therefore did not result in 
a violation of the 24-hour PM10 NAAQS. The three most recent 
years of data for the area (2000-2002) are complete (i.e., data are 
available for at least 75% of the scheduled PM10 samples per 
quarter) with no recorded violations. The annual PM10 NAAQS 
has never been exceeded in Steamboat Springs. We believe that Colorado 
has adequately demonstrated, through ambient air quality data, that the 
PM10 NAAQS have been attained in the Steamboat Springs area.
ii. State Implementation Plan Approval
    Those States containing initial moderate PM10 
nonattainment areas were required by the 1990 amendments to the CAA to 
submit a SIP by November 15, 1991 which demonstrated attainment of the 
PM10 NAAQS by December 31, 1994. To approve a redesignation 
request, the SIP for the area must be fully approved under section 
110(k) and must satisfy all requirements that apply to that area. The 
Steamboat Springs area was designated nonattainment for PM10 
on December 21, 1993 (58 FR 67334). EPA fully approved the 
PM10 SIP for Steamboat Springs on December 31, 1997 (62 FR 
68188). The PM10 SIP for Steamboat Springs is approved as 
meeting the moderate PM10 nonattainment plan requirements.
iii. Improvement in Air Quality Due to Permanent and Enforceable 
Measures
    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to emission reductions which are 
permanent and enforceable. The primary sources of PM10 
emissions in the Steamboat Springs area are re-entrained road dust 
(from highways, paved roads, chip sealed roads, and unpaved roads) and 
woodburning. The permanent and enforceable control measures that 
brought the Steamboat Springs PM10 nonattainment area into 
attainment and were approved by EPA into Colorado's SIP in 1997 are 
described in detail below.
    The City of Steamboat Springs and Routt County adopted local 
ordinance and resolutions that limit the number and types of 
woodburning devices in new construction in the Steamboat Springs area. 
Installation of new solid fuel burning devices is limited to one 
approved device for any building. The Steamboat Springs area adopted 
these measures in the late 1980s and early 1990s and the measures were 
included

[[Page 62212]]

in State regulation in 1993 (Section VIII.E. of the ``State 
Implementation Plan--Specific Regulations for Nonattainment--
Attainment/Maintenance Areas (Local Areas)). The rule was approved by 
EPA on December 31, 1997 (62 FR 68188).
    The Steamboat Springs area adopted two street sanding control 
strategies for the nonattainment area. The first street sanding control 
strategy requires that any user that applies street sanding materials 
in the Steamboat Springs area must use materials containing less than 
two percent fines, except on U.S. Highway 40 from the junction of U.S. 
Highway 131 towards Rabbit Ears Pass. This strategy was included in 
State regulations in 1996 (Section VIII.B. of the ``State 
Implementation Plan--Specific Regulations for Nonattainment--
Attainment/Maintenance Areas (Local Areas)). The second street sanding 
control strategy requires that the Colorado Department of 
Transportation (CDOT) reduce the amount of sand applied on U.S. 
Highways 40 and 131 in the Steamboat Springs area by 10 percent. This 
strategy was included in State regulation in 1996 (Section VIII.C. of 
the ``State Implementation Plan--Specific Regulations for 
Nonattainment--Attainment/Maintenance Areas (Local Areas)). Both the 
street sanding controls were approved by EPA on December 31, 1997 (62 
FR 68188).
    In addition, the Steamboat Springs area adopted street sweeping 
requirements for a defined section of Lincoln Avenue (Highway 40 in 
town). Street cleaning using vacuum sweepers or any other sweepers with 
equal efficiency must be performed four times within four days of the 
roadways becoming free and clear of snow and ice following each sanding 
deployment use. This strategy was included in State regulations in 1996 
(Section VIII.D. of the ``State Implementation Plan--Specific 
Regulations for Nonattainment--Attainment/Maintenance Areas (Local 
Areas)). The rule was approved by EPA on December 31, 1997 (62 FR 
68188).
    In addition to the local control measures that have been adopted in 
the Steamboat Springs area, Colorado's July 31, 2002 submittal did cite 
several State-wide regulations that limit emissions from any new source 
that may locate in the Steamboat Springs area. These rules are: ``Air 
Pollution Emission Notices, Construction Permits and Fees, Operating 
Permits and Including the Prevention of Significant Deterioration'' 
(Regulation No. 3), ``Standards of Performance for New Stationary 
Sources'' (Regulation No. 6), and the ``Common Provisions Regulation.''
    In addition to these State and Local control measures, the Federal 
Motor Vehicle Emission Control Program has helped reduce 
PM10 emissions in Steamboat Springs as older, higher 
emitting diesel vehicles are replaced with newer vehicles that meet 
tighter emission standards. Overall, despite growth in the Steamboat 
Springs nonattainment area (e.g., in population and vehicle miles 
traveled), attainment of the PM10 NAAQS has been 
demonstrated. We have evaluated the various control measures, in 
addition to the 1999 attainment year emission inventory and the 
projected emissions described below, and have concluded that the 
continued attainment of the PM10 NAAQS in the Steamboat 
Springs area has resulted from emission reductions that are permanent 
and enforceable.
iv. Fully Approved Maintenance Plan Under Section 175A of the CAA
    Section 107(d)(3)(E) of the CAA requires that, for a nonattainment 
area to be redesignated to attainment, we must fully approve a 
maintenance plan which meets the requirements of section 175A of the 
CAA. The plan must demonstrate continued attainment of the relevant 
NAAQS in the area for at least 10 years after our approval of the 
redesignation. Eight years after our approval of a redesignation, 
Colorado must submit a revised maintenance plan demonstrating 
attainment for the 10 years following the initial 10 year period. The 
maintenance plan must also contain a contingency plan to ensure prompt 
correction of any violation of the NAAQS. (See sections 175A(b) and 
(d).) Our September 4, 1992 guidance outlines five core elements that 
are necessary to ensure maintenance of the relevant NAAQS in an area 
seeking redesignation from nonattainment to attainment. Those elements, 
as well as guidelines for subsequent maintenance plan revisions, are as 
follows:

a. Attainment Inventory

    The maintenance plan should include an attainment emission 
inventory to identify the level of emissions in the area which is 
sufficient to attain the NAAQS. An emission inventory for Steamboat 
Springs was developed for the attainment year 1999 as well as the 
projection inventory for the 2005 and 2010 interim years and the 2015 
maintenance year. The emission inventory incorporates the emission 
estimates for aircrafts, restaurants, stationary sources, woodburning, 
mobile exhaust, and re-entrained road dust emissions from paved and 
unpaved roads that are contained in the nonattainment area SIP element 
that was approved by EPA on December 31, 1997 (62 FR 68188). Aircraft 
emissions were determined by using EPA and Colorado's Air Pollution 
Control Division (APCD) developed emission factors and activity data 
provided by the City of Steamboat Springs. Restaurant emissions were 
developed using emission factors and survey data of activity in the 
Steamboat Springs area. Woodburning emissions were determined by using 
EPA and APCD developed emission factors and survey data of woodburning 
activity and practices in the Steamboat Springs area. Re-entrained dust 
from paved and unpaved roads were developed using APCD and CDOT vehicle 
miles traveled data and emission factors that were calculated using the 
EPA-approved formula, local silt loading data, and the application of 
credits from street sweeping and street sand reduction control 
measures. Mobil exhaust was determined using EPA's PART5 model. 
Stationary source emission in the Steamboat Springs area were 
determined by calculating allowable emissions from three facilities in 
the area in existence in the mid-1990s. The Craig and Hayden power 
plants were modeled at allowable emissions for all years however these 
emissions were not included in the emission inventories because they 
are not located within the Steamboat Springs nonattainment--attainment/
maintenance area and modeling domain. Summary emission figures from the 
1999 attainment year inventory, the 2005 and 2010 interim years, and 
the 2015 projected inventory for the Steamboat Springs area are 
provided in Table 1 below.

[[Page 62213]]



  Table 1.--1999, 2005, 2010 and 2015 PM10 Total Emission Inventory in
                  Pounds per Day for Steamboat Springs
------------------------------------------------------------------------
                                       PM10 emissions (lbs./day)
                             -------------------------------------------
                                 1999       2005       2010       2015
------------------------------------------------------------------------
Aircraft....................         24         27         30         34
Restaurant Grills...........         99        114        127        143
Vehicle Exhaust.............         53         52         56         63
Paved Roads.................       9122      10059      11271      12630
Unpaved Roads...............       7519       7233       8104       9080
Stationary Sources..........        584        242        271        304
Woodburning.................       1057       1216       1353       1522
------------------------------------------------------------------------

    More detailed descriptions of the 1999 attainment year inventory, 
the 2005 and 2010 interim years, and the 2015 projected inventory for 
the Steamboat Springs area are documented in the maintenance plan in 
Chapter 3, section B and in the Colorado technical support 
documentation. Colorado's submittal contains detailed emission 
inventory information that was prepared in accordance with EPA emission 
inventory guidance.\1\ Following our review, we have determined that 
Colorado prepared an adequate attainment inventory for the Steamboat 
Springs area.
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    \1\ EPA's current guidance on the preparation of PM10 
emission inventories includes, ``PM10 Emission Inventory 
Requirements,'' September 1994, ``Emission Inventory Improvement 
Program Technical Report Series, Volumes I-VII,'' July 1997 and 
September 1999, ``Revised 1999 National Emission Inventory 
Preparation Plan,'' February 2001.
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b. Maintenance Demonstration

    A state may generally demonstrate maintenance of the NAAQS by 
either showing that future emissions of a pollutant or its precursors 
will not exceed the level of the attainment inventory, or by modeling 
to show that the future mix of sources and emission rates will not 
cause a violation of the NAAQS. The maintenance demonstration for the 
Steamboat Springs area relied on the dispersion modeling methodology, 
which is the same level of modeling used in the original attainment 
demonstration for the moderate PM10 SIP for this area. 
Maintenance is demonstrated when the highest modeled values at each 
receptor on the modeling grid are below the 150 [mu]g/m\3\. The 
emission inventories for 2005, 2010, and 2015 were input into the 
dispersion model to obtain 2005, 2010, and 2015 projected 
PM10 concentrations. The dispersion modeling for the 
Steamboat Springs PM10 maintenance area demonstrates that in 
2005 the highest concentration is 121 [mu]g/m\3\, in 2010 the highest 
concentration is 132 [mu]g/m\3\, and in 2015 the highest concentration 
is 146 [mu]g/m\3\ for the 24-hour PM10 NAAQS.
    Since no exceedances of the PM10 annual NAAQS have ever 
occurred in the Steamboat Springs area and since the maintenance 
demonstration clearly shows maintenance of the 24-hour PM10 
NAAQS in this area through the year 2015, it is reasonable and adequate 
to assume that protection of the 24-hour standard will be sufficient to 
protect the annual standard as well. Thus, EPA believes Colorado has 
adequately demonstrated that the Steamboat Springs area will maintain 
the PM10 NAAQS for at least the next ten years. Detailed 
information regarding the dispersion modeling results and source 
apportionment can be found in Chapter 3, section C of the Steamboat 
Springs maintenance plan and in the technical support document.

c. Monitoring Network

    Once a nonattainment area has been redesignated to attainment, the 
State must continue to operate an appropriate air quality monitoring 
network, in accordance with 40 CFR part 58, to verify the attainment 
status of the area. The maintenance plan should contain provisions for 
continued operation of air quality monitors that will provide such 
verification. Colorado operates two PM10 monitoring sites in 
the Steamboat Springs area. We approve these sites annually, and any 
future change would require discussion with, and approval from, us. In 
their July 31, 2002 submittal, Colorado committed to continue to 
operate the PM10 monitoring stations in Steamboat Springs, 
in accordance with 40 CFR part 58.

d. Verification of Continued Attainment

    A state's maintenance plan submittal should indicate how it will 
track the progress of the maintenance plan. This is necessary due to 
the fact that the emission projections made for the maintenance 
demonstration depend on assumptions of point and area source growth. 
Colorado commits to operating the Steamboat Springs PM10 
monitoring network and analyze the PM10 concentrations in 
accordance with 40 CFR Part 58 to verify continued maintenance of the 
PM10 NAAQS. In addition, Colorado commits to track the 
progress of the Steamboat Springs maintenance plan through a periodic 
review (every three years) of the assumptions made in the emissions 
inventories to verify continued maintenance of the PM10 
NAAQS in both areas. EPA relies on these commitments in approving the 
Steamboat Springs maintenance plan.

e. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan also 
include contingency provisions, as necessary, to promptly correct any 
violation of the NAAQS that occurs after redesignation of the area. For 
the purposes of section 175A, a state is not required to have fully 
adopted contingency measures that will take effect without further 
action by the State in order for the maintenance plan to be approved. 
However, the contingency plan is an enforceable part of the SIP and 
should ensure that contingency measures are adopted expeditiously when 
a violation of the NAAQS has occurred in a redesignated area. The plan 
should clearly identify the measures to be adopted, a schedule and 
procedure for adoption and implementation, and a specific time limit 
for action by the State. The State should also identify the specific 
indicators, or triggers, which will be used to determine when the 
contingency plan will be implemented.
    Chapter 3, section H, of the Steamboat Springs maintenance plan 
contains the area's PM10 contingency plan. Exceedances 
trigger one level of response and violations trigger another. If 
there's an exceedance, the Air Pollution Control Division (APCD) and 
the local government staff will develop appropriate contingency 
measures intended to prevent or correct a violation of the 
PM10 standard for the PM10 maintenance area. APCD 
and local

[[Page 62214]]

government staff will consider relevant information, including 
information about historical exceedances, meteorological data, the most 
recent estimates of growth and emissions, and whether the exceedance 
might be attributed to an exceptional event. The Steamboat Springs 
maintenance plan indicates that the State will generally notify EPA and 
local governments in the PM10 maintenance area within 30 
days of the exceedance, but no later than 45 days. The process for 
exceedances will be completed within six months of the exceedance 
notification.
    If a violation of the PM10 NAAQS has occurred, a public 
hearing process at the State and local level will begin. If the 
Colorado Air Quality Control Commission (AQCC) agrees that the 
implementation of local measures will prevent further exceedances or 
violations, the AQCC may endorse or approve of the local measures 
without adopting State requirements. If, however, the AQCC finds 
locally adopted contingency measures to be inadequate, the AQCC will 
adopt State enforceable measures as deemed necessary to prevent 
additional exceedances or violations. Contingency measures will be 
adopted and fully implemented within one year of the PM10 
NAAQS violation. Any State-enforceable measures will become part of the 
next revised maintenance plan, submitted to us for approval.
    The Steamboat Springs PM10 maintenance plan specifies 
the following as potential contingency measures for the Steamboat 
Springs area: Reinstating the 10 percent street sand reduction 
requirement for State highways; increasing the Lincoln Avenue street 
sweeping frequency from two to four times after each sanding event; 
increased street sweeping requirements; road paving requirements; more 
stringent street sand specifications; voluntary or mandatory 
woodburning curtailment; bans on all woodburning; expanded, mandatory 
use of alternative de-icers; re-establishing nonattainment new source 
review permitting requirements for stationary sources; \2\ 
transportation control measures designed to reduce vehicle miles 
traveled; or other emission control measures as deemed appropriate, 
considering various factors.

f. Subsequent Maintenance Plan Revisions

    In accordance with section 175A(b) of the CAA, the State of 
Colorado is required to submit a revision to the maintenance plan eight 
years after the redesignation of the Steamboat Springs area to 
attainment for PM10. This revision is to provide for 
maintenance of the NAAQS for an additional ten years following the 
first ten year period. Colorado committed, in the Steamboat Springs 
redesignation request, to submit a revised maintenance plan, for each 
area, to EPA eight years after the approval of the redesignation 
request and maintenance plan.
v. Meeting Applicable Requirements of Section 110 and Part D of the CAA
    In order for an area to be redesignated to attainment, section 
107(d)(3)(E) requires that it must have met all applicable requirements 
of section 110 and part D of the CAA. We interpret this to mean that, 
for a redesignation request to be approved, the State must have met all 
requirements that applied to the subject area prior to, or at the time 
of, submitting a complete redesignation request. In our evaluation of a 
redesignation request, we don't need to consider other requirements of 
the CAA that became due after the date of the submission of a complete 
redesignation request.

a. Section 110 Requirements

    Section 110(a)(2) contains general requirements for nonattainment 
plans. These requirements were met for Steamboat Springs with 
Colorado's September 16, 1997 submittal for the Steamboat Springs 
PM10 nonattainment area. EPA fully approved the Steamboat 
Springs PM10 SIP on December 31, 1997 (62 FR 68188).

b. Part D Requirements

    Before a PM10 nonattainment area may be redesignated to 
attainment, the State must have fulfilled the applicable requirements 
of part D. Subpart 1 of part D establishes the general requirements 
applicable to all nonattainment areas, subpart 4 of part D establishes 
specific requirements applicable to PM10 nonattainment 
areas.
    The requirements of sections 172(c) and 189(a) regarding attainment 
of the PM10 NAAQS, and the requirements of section 172(c) 
regarding reasonable further progress, imposition of Reasonably 
Available Control Measures (RACM), the adoption of contingency 
measures, and the submission of an emission inventory, have been 
satisfied through our December 31, 1997 (62 FR 68188) approval of the 
Steamboat Springs PM10 SIP.
    Although EPA's regulations (see 40 CFR 51.396) require that states 
adopt transportation conformity provisions in their SIPs for areas 
designated nonattainment or subject to an EPA-approved maintenance 
plan, we have decided that a transportation conformity SIP is not an 
applicable requirement for purposes of evaluating a redesignation 
request under section 107(d) of the CAA. This decision is reflected in 
EPA's 1996 approval of the Boston carbon monoxide redesignation. (See 
61 FR 2918, January 30, 1996.)
    We approved the requirements of the part D new source review (NSR) 
permit program for the Steamboat Springs moderate PM10 
nonattainment area on December 31, 1997 (62 FR 68188). Colorado's 
nonattainment area NSR permitting regulations were fully approved on 
September 19, 1994 (59 FR 47807). Once the Steamboat Springs area is 
redesignated to attainment, the prevention of significant deterioration 
(PSD) requirements of part C of the CAA will apply. Colorado's PSD 
regulations, which we approved as meeting all applicable Federal 
requirements, apply to any area designated as unclassifiable or 
attainment and, thus, will become fully effective in the Steamboat 
Springs area upon redesignation of the area to attainment.

C. Have the Transportation Conformity Requirements Been Met?

    Transportation conformity is required by section 176(c) of the CAA. 
Our conformity rule requires that transportation plans, programs and 
projects conform to SIPs and that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. On March 2, 1999, the United 
States Court of Appeals for the District of Columbia Circuit issued a 
decision in Environmental Defense Fund v. the Environmental Protection 
Agency, No. 97-1637, that we must make an affirmative determination 
that the submitted motor vehicle emission budgets contained in State 
Implementation Plans (SIPs) are adequate before they are used to 
determine the conformity of Transportation Plans or Transportation 
Improvement Programs. In response to the court decision, we make any 
submitted SIP revision containing an emission budget available for 
public comment and respond to these comments before announcing our 
adequacy determination. The criteria and process by which we determine 
whether a SIP's motor vehicle emission budgets are adequate for 
conformity purposes are outlined in 40 CFR 93.118(e)(4) and in the 
guidance ``Conformity Guidance on Implementation of March 2, 1999 
Conformity Court Decision,'' dated May 14, 1999.

[[Page 62215]]

    In the Steamboat Springs maintenance plan, Colorado established a 
new mobile source emissions budget of 21,773 lbs./day for the year 2015 
and beyond. The new mobile source emissions budget for Steamboat Spring 
is the total of the 2015 mobile source PM10 emissions for 
the area and includes emissions from vehicle exhaust, highways, paved 
arterial and local roads, and gravel roads. EPA's approval of 21,773 
lbs./day for Steamboat Springs as the budget for this area means that 
the value must be used for conformity determinations for 2015 and 
beyond.
    EPA sent a letter to the Colorado Air Pollution Control Division 
(APCD) on September 25, 2002 stating that the motor vehicle emission 
budgets that was submitted with the Steamboat Springs PM10 
maintenance plan is adequate. This finding has also been announced on 
EPA's conformity Web site: http://www.epa.gov/otaq/transp/conform/adequacy.htm. We documented our adequacy determination for Steamboat 
Springs in the Federal Register on October 28, 2002 (67 FR 65789). The 
budgets took effect on November 12, 2002 (15 days after our 
announcement in the Federal Register).

D. Did Colorado Follow the Proper Procedures for Adopting This Action?

    The CAA requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission. 
Section 110(a)(2) of the CAA provides that each implementation plan 
submitted by a State must be adopted after reasonable notice and public 
hearing. Section 110(l) of the CAA similarly provides that each 
revision to an implementation plan submitted by a State under the CAA 
must be adopted by such State after reasonable notice and public 
hearing.
    Colorado held a public hearing for the proposed rule changes on 
November 15, 2001. The rulemaking was adopted by the Air Quality 
Control Commission (AQCC) directly after the November 15, 2001 hearing 
and was formally submitted to EPA by the Governor on July 31, 2002. We 
have evaluated the Governor's submittal and have determined that 
Colorado met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA.

III. Background

    To implement our 1987 revisions to the particulate matter NAAQS, on 
August 7, 1987 (52 FR 29383), we categorized areas of the nation into 
three groups based on the likelihood that protection of the 
PM10 NAAQS would require revisions of the existing SIP. We 
identified the Steamboat Springs area as a ``Group II'' area of 
concern, i.e., areas where attainment of the NAAQS is uncertain and the 
SIP may require only slight adjustment.
    Pursuant to sections 107(d)(4)(B) and 188(a) of the Act, areas 
previously identified as Group I (55 FR 45799, October 31, 1990) and 
other areas which had monitored violations of the PM10 NAAQS 
prior to January 1, 1989 were, by operation of law upon enactment of 
the 1990 Clean Air Act Amendments (Pub. L. 101-549, 104 Stat. 2399), 
designated nonattainment and classified as moderate for 
PM10. Formal codification in 40 CFR part 81 of those areas 
was announced in a Federal Register notice dated November 6, 1991 (56 
FR 56694) (see also 57 FR 56762, November 30, 1992). All other areas of 
the country were designated unclassifiable for PM10 by 
operation of law upon enactment of the 1990 Amendments (see section 
107(d)(4)(B)(iii) of the Act). EPA redesignated and classified the 
Steamboat Springs area as a PM10 moderate nonattainment area 
on December 21, 1993 (58 FR 67334) and fully approved the 
PM10 SIP for Steamboat Springs on December 31, 1997 (62 FR 
68188).
    EPA promulgated new standards for PM10 on September 18, 
1997. Areas were to be designated under the new PM10 
standard by July 2000. On May 14, 1999, the United States Court of 
Appeals for the D.C. Circuit in American Trucking Associations, Inc. et 
al., v. United States Environmental Protection Agency vacated the 1997 
PM10 standard. Because of the Court ruling, we are 
continuing to implement the pre-existing PM10 standard, and 
are therefore approving redesignations to qualified PM10 
nonattainment areas. On July 31, 2002 the Governor of Colorado 
submitted a request to redesignate the Steamboat Springs moderate 
PM10 nonattainment area to attainment (for the 1987 
PM10 NAAQS) and submitted maintenance plans for the areas.

IV. Consideration of CAA Section 110(I)

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. As stated above, the Steamboat Springs area has shown 
continuous attainment of the PM10 NAAQS and has met the 
applicable Federal requirements for redesignation to attainment. The 
maintenance plan and associated SIP revision will not interfere with 
attainment, reasonable further progress, or any other applicable 
requirement of the CAA.

V. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.

[[Page 62216]]

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit 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 United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(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 December 27, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate Matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

    Air pollution control.

    Dated: September 9, 2004.
Patricia D. Hull,
Acting Regional Administrator, Region 8.

0
40 CFR parts 52 and 81, chapter I, title 40 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(101) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (101) On July 31, 2002, the State of Colorado submitted a 
maintenance plan for the Steamboat Springs PM10 
nonattainment area and requested that this area be redesignated to 
attainment for the PM10 National Ambient Air Quality 
Standards. The redesignation request and maintenance plan satisfies all 
applicable requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission, ``State Implementation 
Plan--Specific Regulations for Nonattainment--Attainment/Maintenance 
Areas (Local Elements),'' 5 CCR 1001-20, revisions adopted November 15, 
2001, effective December 30, 2001 as follows: Section VIII., titled 
``Steamboat Springs PM10 Attainment/Maintenance Area'' and 
supersedes and replaces all prior versions of Section VIII.

0
3. Section 52.332 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.332  Control strategy: Particulate matter.

* * * * *
    (n) On July 31, 2002, the State of Colorado submitted a maintenance 
plan for the Steamboat Springs PM10 nonattainment area and 
requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfies all applicable 
requirements of the Clean Air Act.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In section 81.306, the table entitled ``Colorado-PM-10'' is amended 
by revising the entries under Routt County (part) for ``Steamboat 
Springs'' to read as follows:


Sec.  81.306  Colorado.

* * * * *

                                                                    Colorado.--PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                             Classification
           Designated Area           -------------------------------------------------------------------------------------------------------------------
                                                  Date                         Type                         Date                         Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Routt County (part)--Steamboat        November 24, 2004..........  Attainment.
 Springs.
    On the East--The Routt National
     Forest.
    On the South--The southern
     border of sections 19, 10, 21,
     T4N, R84W of the 6th P.M. and
     the southern border of sections
     23, 24, T4N, R85W of the 6th
     P.M.

[[Page 62217]]

 
    On the West--Beginning at the
     southwestern corner of section
     23, T4N, R85W of the 6th P.M.
     North along the western border
     of sections 23, 14, 11, T4N,
     R85W. Thence, along the ridge
     which bisects sections 35, 36,
     25, 24, 13, 14, 11, 12, 1, T5N,
     R85W, and sections 36, 25, 24,
     T6N, R85W. Thence heading
     northwest along the ridge which
     bisects sections 23, 15, 10, 9,
     4, T6N, R85W of 6th P.M.
     Thence, heading northeast along
     the ridge which bisects
     sections 33, 34, 35, 36, 25,
     T7N, R85W and sections 30 and
     10 of T7N, R84W. Thence, north
     along the N 1/2 of the western
     edge of section 19, to the NW
     corner of section 18, T7N,
     R84W.
    On the North--The northern
     boundary of sections 16, 17,
     18, T7N, R84W of 6th P.M.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 04-23840 Filed 10-22-04; 8:45 am]
BILLING CODE 6560-50-P