[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12159]
[[Page Unknown]]
[Federal Register: May 19, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CO28-1-6401 and CO36-1-6400; FRL-4883-4]
Clean Air Act Approval and Promulgation of PM-10 Implementation
Plan for Colorado; Designation of Areas for Air Quality Planning
Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this action, the EPA is approving the State implementation
plan (SIP) submitted by the State of Colorado for the purposes of
bringing about the attainment of the national ambient air quality
standards (NAAQS) for particulate matter with an aerodynamic diameter
less than or equal to a nominal 10 micrometers (PM-10). The SIP was
submitted by the State on February 24, 1993 and December 9, 1993 to
satisfy certain Federal requirements for an approvable nonattainment
area PM-10 plan for Pagosa Springs, Colorado. EPA is also approving the
PM-10 contingency measures for the Pagosa Springs nonattainment area,
which were included in the State's December 9, 1993 submittal.
In addition, EPA is amending the nonattainment area boundary for
the Pagosa Springs nonattainment area to include some of the
surrounding suburban area of Pagosa Springs. The revised boundary is
based on information submitted with the SIP which provided a SIP
equivalent demonstration showing that the revised boundary more
accurately represents the Pagosa Springs airshed.
EFFECTIVE DATE: This rule will become effective on June 20, 1994.
ADDRESSES: Copies of the State's submittals and other information are
available for inspection during normal business hours at the following
locations: Air Programs Branch, Environmental Protection Agency, Region
VIII, 999 18th Street, suite 500, Denver, Colorado 80202-2466; Air
Pollution Control Division, Colorado Department of Health, 4300 Cherry
Creek Drive South, Denver, Colorado 80222-1530; and Air and Radiation
Docket and Information Center, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, Environmental
Protection Agency, Region VIII, 999 18th Street, suite 500, Denver,
Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION: Pagosa Springs, Colorado was designated
nonattainment for PM-10 and classified as moderate under sections
107(d)(4)(B) and 188(a) of the Clean Air Act (Act) upon enactment of
the Clean Air Act Amendments of 1990.1 (See 56 FR 56694, November
6, 1991; 40 CFR 81.306 (specifying nonattainment designation for Pagosa
Springs.)) The air quality planning requirements for moderate PM-10
nonattainment areas are set out in subparts 1 and 4 of part D of title
I of the Act. The EPA has issued a ``General Preamble'' describing
EPA's preliminary views on how EPA intends to review SIPs and SIP
revisions submitted under title I of the Act, including those State
submittals containing moderate PM-10 nonattainment area SIP
requirements (see generally 57 FR 13498 (April 16, 1992) and 57 FR
18070 (April 28, 1992)). Because EPA is describing its interpretations
here only in broad terms, the reader should refer to the General
Preamble for a more detailed discussion of the interpretations of title
I advanced in this final action and the supporting rationale.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Those states containing initial moderate PM-10 nonattainment areas
(i.e., those areas designated nonattainment for PM-10 under section
107(d)(4)(B) of the Act) were required to submit, among other things,
the following provisions by November 15, 1991:
1. Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology--RACT) shall be implemented no
later than December 10, 1993;
2. Either a demonstration (including air quality modeling) that the
plan will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 or a demonstration that attainment by that
date is impracticable;
3. Quantitative milestones which are to be achieved every 3 years
and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM-10 also apply to major stationary
sources of PM-10 precursors except where the Administrator determines
that such sources do not contribute significantly to PM-10 levels which
exceed the NAAQS in the area. See sections 172(c), 188, and 189 of the
Act.
Some provisions were due at a later date. States with initial
moderate PM-10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM-10 by June 30, 1992 (see section 189(a)).
Revisions to satisfy these requirements were submitted by the State on
January 14, 1993, and EPA will be taking action on these requirements
in a separate Federal Register notice. Such States were also required
to submit contingency measures by November 15, 1993 which become
effective without further action by the State or EPA, upon a
determination by EPA that the area has failed to achieve RFP or to
attain the PM-10 NAAQS by the applicable statutory deadline. (See
section 172(c)(9) of the Act and 57 FR 13543-13544.) The State adopted
PM-10 contingency measures for the Pagosa Springs PM-10 nonattainment
area in November of 1993, and those measures were included in the
State's December 9, 1993 SIP submittal.
On March 9, 1994, EPA announced its proposed approval of the Pagosa
Springs, Colorado moderate PM-10 nonattainment area SIP as meeting
those moderate PM-10 nonattainment area requirements due on November
15, 1991 (see 59 FR 11012-11018). EPA also announced in that Federal
Register notice its proposed approval of the PM-10 contingency measures
for Pagosa Springs as meeting the requirements of section 172(c)(9) of
the Act due on November 15, 1993. In that proposed rulemaking action
and related Technical Support Document (TSD), EPA described in detail
its interpretations of title I and its rationale for proposing to
approve the Pagosa Springs moderate nonattainment area PM-10 SIP and
PM-10 contingency measures, taking into consideration the specific
factual issues presented. EPA requested public comments on all aspects
of the proposed rulemaking pertaining to Pagosa Springs (see 59 FR
11017). No comments were received on the proposed rulemaking.
This Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). On February 24, 1993
and on December 9, 1993, the Governor of Colorado submitted revisions
to the SIP which were intended to satisfy those moderate PM-10
nonattainment area SIP requirements due for Pagosa Springs on November
15, 1991 and the PM-10 contingency measure requirements of section
172(c)(9) of the Act due on November 15, 1993. As described in EPA's
proposed approval of these SIP submittals, the Pagosa Springs moderate
PM-10 nonattainment area plan includes, among other things: (1) A
comprehensive and accurate emissions inventory; (2) control measures
that satisfy the RACM requirement; (3) a demonstration (including air
quality modeling) that attainment of the PM-10 NAAQS will be achieved
in Pagosa Springs by December 31, 1994 and maintained through December
31, 1997; (4) provisions for meeting the November 15, 1994 quantitative
milestone and RFP requirements; (5) enforceability documentation; and
(6) control measures that satisfy the contingency measures requirement
of section 172(c)(9) of the Act. Further, EPA proposed to determine
that major sources of precursors of PM-10 do not contribute
significantly to PM-10 levels in excess of the NAAQS in Pagosa Springs.
Lastly, EPA proposed to amend the Pagosa Springs moderate PM-10
nonattainment area boundary to include some of the surrounding suburban
area of Pagosa Springs based on a SIP equivalent demonstration
submitted by the State which showed that the revised boundary more
accurately represents the Pagosa Springs airshed. Please refer to EPA's
notice of proposed rulemaking (59 FR 11012) and the TSD for that action
for a more detailed discussion of these elements of the Pagosa Springs
plan.
In this final rulemaking, EPA announces its approval of those
elements of the Pagosa Springs, Colorado moderate nonattainment area
PM-10 SIP that were due on November 15, 1991 and submitted on February
24, 1993 and December 9, 1993, as well as the PM-10 contingency
measures that were due on November 15, 1993 and submitted on December
9, 1993. In this final action, EPA is also announcing its approval of
section I. of the Colorado Regulation entitled ``Nonattainment Areas,''
which contains the PM-10 control measures and contingency measures for
the Pagosa Springs moderate PM-10 nonattainment area.
EPA finds that the State of Colorado's PM-10 SIP for the Pagosa
Springs moderate PM-10 nonattainment area meets the Reasonably
Available Control Measures (RACM), including Reasonably Available
Control Technology (RACT), requirement. One source category was
identified as the major contributor to the PM-10 nonattainment problem
in Pagosa Springs and, therefore, was targeted for control in the SIP.
The State has demonstrated that, by applying control measures to the
area source of re-entrained road dust from paved roads, Pagosa Springs
will be in attainment by December 31, 1994. It does not appear that
applying further control measures to these or other sources would
expedite attainment. EPA views the following measures as reasonable,
enforceable, and responsible for significant PM-10 emissions reductions
in Pagosa Springs: (1) Section I.C. of the State regulation entitled
``Nonattainment Areas,'' which limits the percent fines to 1 percent in
any street sanding material used on the major State highways in the
Pagosa Springs moderate PM-10 nonattainment area; and (2) Section I.D.
of the State regulation entitled ``Nonattainment Areas,'' which
requires a reduction in the amount of street sanding material applied
on the major State highways in the nonattainment area by 10 percent
beginning 12/93 and by an additional 5 percent (or a total of 15
percent) beginning 12/95. Further, although no credit was claimed in
the SIP, EPA is approving the following measure to make it Federally
enforceable and to further strengthen the SIP: Section I.B. of the
State regulation entitled ``Nonattainment Areas,'' which requires 6
miles of unpaved gravel roads in the Town of Pagosa Springs to be
paved. EPA is also approving Section I.A. of the ``Nonattainment Area''
regulation, which includes a definition of terms used in the other
sections of the regulation.
A more detailed discussion of the individual source contributions,
their associated control measures (including available control
technology) and an explanation of why certain available control
measures were not implemented, can be found in the TSD accompanying
EPA's proposed approval of the Pagosa Springs moderate PM-10
nonattainment area SIP (59 FR 11013-11015). EPA has reviewed the
State's documentation and concluded that it adequately justifies the
control measures to be implemented. The implementation of Colorado's
PM-10 nonattainment plan for Pagosa Springs will result in the
attainment of the PM-10 NAAQS by December 31, 1994 and maintenance
through December 31, 1997. By this action, EPA is approving the Pagosa
Springs PM-10 moderate nonattainment area plan's control measures as
satisfying the RACM, including RACT, requirement.
EPA also finds that the State of Colorado's December 9, 1993
submittal of PM-10 contingency measures for the Pagosa Springs moderate
PM-10 nonattainment area meets the requirements of section 172(c)(9) of
the Act. Specifically, Section I.E. of the State regulation entitled
``Nonattainment Areas'' provides that, within two months following
EPA's determination that the Pagosa Springs area failed to attain the
PM-10 NAAQS or make RFP, the Town of Pagosa Springs must sweep all
traffic lanes of the major State highway through town as soon as
practical following each sanding event using vacuum sweepers that are
at least 34 percent effective. EPA has reviewed the State's
documentation and regulation and concluded that it adequately meets the
requirements of section 172(c)(9) of the Act. By this action, EPA is
approving the PM-10 contingency measures for the Pagosa Springs PM-10
moderate nonattainment area.
In this document, EPA is also announcing its determination that
major stationary sources of precursors of PM-10 do not contribute
significantly to PM-10 levels in excess of the NAAQS in Pagosa
Springs.2
---------------------------------------------------------------------------
\2\The consequences of this finding are to exclude these sources
from the applicability of PM-10 nonattainment area control
requirements. Note that EPA's finding is based on the current
character of the area including, for example, the existing mix of
sources in the area. It is possible, therefore, that future growth
could change the significance of precursors in the area.
---------------------------------------------------------------------------
Lastly, EPA announces that the Pagosa Springs moderate PM-10
nonattainment area description specified in 40 CFR 81.306 is replaced
with following boundary description:
Township 35N & Range 2W:
Sections 13, 14, 15; section 23 NE, N 1/2 SE; section 24 all
except SWSW; section 25 N 1/2 NE, NENW.
Township 35N & Range 1W:
Section 18 W 1/2.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for a
revision to any SIP. Each request for a revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Final Action
This document makes final the action proposed on March 9, 1993 (59
FR 11012). As noted elsewhere in this final action, EPA received no
public comments on the proposed action. As a direct result, the
Regional Administrator has reclassified this action from Table 2 to
Table 3 under the processing procedures established at 54 FR 2214,
January 19, 1989.
Under Executive Order 12866 (58 FR 51735 (October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to the Office of Management and Budget (OMB)
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. It has been determined that this rule is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to OMB review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 19, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: April 28, 1994.
Jack McGraw,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for parts 52 and 81 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart G--Colorado
2. Section 52.320 is amended by adding paragraph (c)(62) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(62) On February 24, 1993 and December 9, 1993, the Governor of
Colorado submitted revisions to the Colorado State implementation plan
(SIP) to satisfy those moderate PM-10 nonattainment area SIP
requirements for Pagosa Springs, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-
10 contingency measures for Pagosa Springs to satisfy the requirements
of section 172(c)(9) of the Act due to be submitted by November 15,
1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, section I. ``Pagosa Springs Nonattainment Area,'' adopted
on November 19, 1992, effective on December 30, 1992, with revisions
adopted on November 12, 1993, effective on December 30, 1993.
3. Section 52.332 is amended by designating the existing text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.332 Moderate PM-10 nonattainment area plans.
* * * * *
(b) On February 24, 1992 and December 9, 1993, the Governor of
Colorado submitted the moderate PM-10 nonattainment area plan for the
Pagosa Springs area. The submittal was made to satisfy those moderate
PM-10 nonattainment area SIP requirements which were due for Pagosa
Springs on November 15, 1991.
4. In Sec. 81.306, the PM-10 Nonattainment Areas table is amended
by revising the entry for ``Pagosa Springs'' to read as follows:
Sec. 81.306 Colorado.
* * * * *
Colorado--PM-10 Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Archuleta County:
Pagosa Springs Area....................... 11/15/90 Nonattainment....... 11/15/90 Moderate.
Township 35N-Range 2W:
Sections 13, 14, 15; Section 23
NE, N \1/2\ SE; Section 24 all
except SWSW; Section 25 N \1/2\
NE, NENW
Township 35N-Range 1W:
Section 18 W \1/2\.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 94-12159 Filed 5-18-94; 8:45 am]
BILLING CODE 6560-50-P
