[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16504]
[[Page Unknown]]
[Federal Register: July 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CO31-1-6511; FRL-5008-7]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Emission Controls for Alfalfa Dehydrators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this document, EPA is approving a revision to the Colorado
State Implementation Plan (SIP) which was submitted by the Governor of
Colorado on May 6, 1993. The Governor requested that Colorado
Regulation No. 5, which contained emission control regulations for
alfalfa dehydration plant drum facilities that had begun operation
prior to December 31, 1984, be removed from the Federally-approved SIP.
The State made this request pursuant to the repeal of Regulation No. 5
from the State air quality regulations, which was mandated by
amendments to the State's laws relating to the regulation of
agricultural sources of air pollution. EPA is approving this revision
because the State provided a modeling demonstration which showed that
the removal of the emission limitations in Regulation No. 5 from the
SIP would not interfere with attainment or maintenance of the PM-10
National Ambient Air Quality Standards (NAAQS).
EFFECTIVE DATE: This rule will become effective on August 8, 1994.
ADDRESSES: Copies of the State's submittal and other information are
available for inspection during normal business hours at the following
locations: Air Programs Branch, U.S. Environmental Protection Agency,
Region VIII, 999 18th Street, suite 500, Denver, Colorado 80202-2466;
and Air Pollution Control Division, Colorado Department of Health, 4300
Cherry Creek Drive South, Denver, Colorado 80222-1530.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S.
Environmental Protection Agency, Region VIII, 999 18th Street, suite
500, Denver, Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION:
In 1992, the Colorado Air Pollution Prevention and Control Act was
signed into law. This State Act significantly revised the previously-
existing Colorado statutory provisions relating to air quality,
including the regulation of agricultural sources of air pollution.
Specifically, Section 25-7-109(8) of the Colorado Revised Statutes
states that the State ``. . . shall not regulate emissions from
agricultural production such as farming, seasonal crop drying, animal
feeding, and pesticide application . . .'' unless such a source is
otherwise required to meet Federal requirements (e.g., construction or
operating permits, new source performance standards, etc.). Colorado's
Regulation No. 5 contained emission control regulations for existing
alfalfa dehydration plant drum facilities, which fall under the
category of seasonal crop drying. Because the State Air Quality Control
Commission is now prohibited from regulating air pollution emissions
from sources such as seasonal crop drying, the State repealed Colorado
Regulation No. 5 and, in a May 6, 1993 SIP submittal, requested that it
be removed from the Federally-approved SIP.
Section 110(l) of the Clean Air Act (Act), as amended, prohibits
EPA from approving a revision to the SIP ``if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress . . . or any other applicable requirement
of [the Clean Air Act].''1 Thus, in order for EPA to approve a
revision to a State's SIP, especially one which weakens or eliminates
an existing emission limitation, EPA must ensure that the revision will
not interfere with attainment or maintenance of the NAAQS.
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\1\The Clean Air Act (``the Act'') is codified in the U.S. Code
at 42 U.S.C. sections 7401, et seq.
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In an April 21, 1994 Federal Register notice, EPA proposed to find
that the State had adequately demonstrated that the repeal of
Regulation No. 5 from the SIP would not interfere with attainment or
maintenance of the NAAQS. Consequently, EPA proposed to approve the
revision to the Colorado SIP. (See 59 FR 18988-18990.) In that proposed
rulemaking action and related Technical Support Document (TSD), EPA
described in detail its interpretations of the Act and its rationale
for proposing to approve the revision repealing Regulation No. 5 from
the SIP. EPA requested public comments on all aspects of that proposed
rulemaking (see 59 FR 18990). No comments were received on the proposed
rulemaking.
This Action
In this action, EPA is finalizing its approval of the revision to
the Colorado SIP which was submitted by the Governor on May 6, 1993. As
discussed in EPA's April 21, 1994 notice of proposed approval and
related TSD, EPA believes the State adequately demonstrated that the
repeal of the emission limitations regarding alfalfa dehydrators in
Regulation No. 5 will not interfere with attainment or maintenance of
the NAAQS. The approval thus removes Colorado Regulation No. 5, which
contained provisions regulating existing alfalfa dehydrators, from the
Federally-approved SIP.2 For further information on the State's
demonstration and EPA's rationale for approving this SIP revision,
please refer to the April 21, 1994 notice of proposed rulemaking (59 FR
18988-18990) and the TSD accompanying this action.
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\2\Note that the new construction or modification of alfalfa
dehydration plant drum facilities will continue to be regulated
under the State's prevention of significant deterioration (PSD) and
new source review (NSR) provisions, which are included in Colorado
Regulation No. 3.
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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 any 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 April 21, 1994 (59
FR 18988). 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.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
Executive Order 12866 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 September 6, 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 in 40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental protection,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: June 22, 1994.
Jack McGraw,
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 part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart G--Colorado
2. Section 52.320 is amended by revising paragraphs (c)(32) and
(c)(38) to read as follows:
Sec. 52.320 Identification of Plan.
* * * * *
(c) ***
(32) Revisions to Air Pollution Control Commission Regulation No.
1, section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on
April 9, 1985.
(i) Incorporation by reference.
(A) Revisions to Air Pollution Control Commission Regulation No. 1,
``Emission Control Regulation for Particulates, Smokes, and Sulfur
Oxides for the State of Colorado,'' sections II.A.6 and III.C.2 (a) and
(b), effective March 2, 1985.
* * * * *
(38) Revisions to Regulation 1 to control emissions from alfalfa
dehydrators were submitted by the Governor on July 29, 1987.
(i) Incorporation by reference.
(A) Section II.A.6 and introductory text of Section III.C.2.a of
Regulation 1 adopted by the Colorado Air Quality Control Commission on
January 15, 1987, effective on March 2, 1987.
[FR Doc. 94-16504 Filed 7-7-94; 8:45 am]
BILLING CODE 6560-50-P
