[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22527]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CO29-1-6611, CO29-1-6619, & CO36-5-6598; FRL-5068-4]
Clean Air Act Approval and Promulgation of PM10
Implementation Plan for Colorado; Designation of Areas for Air Quality
Planning Purposes; Telluride
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA partially approves the State implementation plan (SIP)
submitted by the State of Colorado to achieve attainment of the
National Ambient Air Quality Standards (NAAQS) for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10), including: control measures, technical
analyses, and other Clean Air Act SIP requirements, with the exception
of the quantitative milestones element. The SIP was submitted by the
Governor of Colorado in a letter dated March 17, 1993 to satisfy
certain federal requirements for an approvable SIP for the Telluride,
Colorado moderate PM10 nonattainment area. EPA conditionally
approves the quantitative milestone element because the SIP does not
demonstrate maintenance of the PM10 NAAQS through 1997. However,
the State has committed to adopt control measures necessary to provide
for maintenance.
In addition, EPA approves the SIP revision submitted by the
Governor with a letter dated December 9, 1993 to address contingency
measure requirements for the Telluride moderate PM10 nonattainment
area.
Finally, EPA amends the boundary for the Telluride nonattainment
area to clarify the original description.
EFFECTIVE DATE: This rule will become effective on October 19, 1994.
ADDRESSES: Copies of the State's submittals and other information are
available for inspection during normal business hours at the following
locations:
Air Programs Branch, Environmental Protection Agency, Region VIII, 999
18th Street, suite 500, Denver, Colorado 80202-2405
Colorado Department of Health, Air Pollution Control Division, 4300
Cherry Creek Drive South, Denver, Colorado 80222-1530
The Air and Radiation Docket and Information Center, 401 M Street, SW,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region VIII, (303) 293-1769.
SUPPLEMENTARY INFORMATION:
I. Background
The Telluride, Colorado area was designated nonattainment for
PM10 and classified as moderate under sections 107(d)(4)(B) and
188(a) of the Clean Air Act, upon enactment of the Clean Air Act
Amendments of 1990.\1\ See 56 FR 56694 (Nov. 6, 1991), 40 CFR 81.306
(Telluride). The air quality planning requirements for moderate
PM10 nonattainment areas are set out in subparts 1 and 4 of part
D, title I of the Act.\2\
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\1\The 1990 Amendments to the Clean Air Act made significant
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.
References herein are to the Clean Air Act, as amended (``the
Act''). The Clean Air Act is codified, as amended, in the U.S. Code
at 42 U.S.C. 7401, et seq.
\2\Subpart 1 contains provisions applicable to nonattainment
areas generally and Subpart 4 contains provisions specifically
applicable to PM10 nonattainment areas. At times, Subpart 1 and
Subpart 4 overlap or conflict. EPA has attempted to clarify the
relationship among these provisions in the ``General Preamble'' and,
as appropriate, in today's notice and supporting information.
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The EPA has issued a ``General Preamble'' describing EPA's
preliminary views on how EPA intends to review SIPs and SIP revisions
submitted under title I of the Act, including those State submittals
containing moderate PM10 nonattainment area SIP requirements (see
generally 57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
Because EPA is describing its interpretations here only in broad terms,
the reader should refer to the General Preamble for a more detailed
discussion of the interpretations of title I advanced in this proposal
and the supporting rationale.
Those States containing initial moderate PM10 nonattainment
areas (those areas designated under section 107(d)(4)(B) of the Act)
were required to submit, among other things, the following provisions
by November 15, 1991:
1. Provisions to assure that reasonably available control measures
(RACM) [including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)] shall be implemented no
later than December 10, 1993;
2. Either a demonstration (including air quality modelling) that
the plan will provide for attainment as expeditiously as practicable
but no later than December 31, 1994, or a demonstration that attainment
by that date is impracticable;
3. Quantitative milestones which are to be achieved every three
years and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM10 also apply to major stationary
sources of PM10 precursors except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the NAAQS in the area. See sections
172(c), 188, and 189 of the Act.
Some provisions were due at a later date. States with initial
moderate PM10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM10 by June 30, 1992 (see section 189(a)).
The State has submitted such a permit program, and EPA will address
that submittal in a separate action. Such States also were required to
submit contingency measures by November 15, 1993 which become effective
without further action by the State or EPA, upon a determination by EPA
that the area has failed to achieve reasonable further progress or to
attain the PM10 NAAQS by the applicable statutory deadline (see
section 172(c)(9) and 57 FR 13543-13544). The State of Colorado has
submitted contingency measures for Telluride and EPA is addressing
those measures in this action.
On June 23, 1994, EPA announced its proposed action on the
Telluride, Colorado moderate nonattainment area PM10 SIP and
contingency measures (59 FR 32397-32405). In that proposed rulemaking
and related Technical Support Document (TSD), EPA described its
interpretations of title I and its rationale for the proposed
rulemaking taking into consideration the specific factual issues
presented.
EPA requested public comments on all aspects of the proposal
(please reference 59 FR 32404). No comments were received. This final
action on the Telluride moderate nonattainment area PM10 SIP is
unchanged from the June 23, 1994 proposed action.
The discussion herein provides only a broad overview of the
proposed action EPA is now finalizing. The public is referred to the
June 23, 1994 proposed rule for a more in depth discussion of the
action now being finalized.
II. This Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). The Governor of
Colorado submitted the Telluride PM10 SIP in a letter dated March
17, 1993, and the Telluride PM10 contingency measures in a letter
dated December 9, 1993. As described in EPA's proposed action on this
SIP (59 FR 32397-32405), the Telluride moderate nonattainment area plan
includes, among other things, technical analyses, control measures to
satisfy the RACM requirement, a demonstration (including air quality
modelling) that attainment of the PM10 NAAQS will be achieved by
December 31, 1994, and enforceability documentation. Further, EPA
proposed to determine that major sources of precursors of PM10 do
not contribute significantly to PM10 levels in excess of the NAAQS
in Telluride.\3\
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\3\The consequences of this finding are to exclude these sources
from the applicability of PM10 nonattainment area control
requirements. Note that EPA's finding is based on the current
character of the area including for example, the existing mix of
sources in the area. It is possible, therefore, that future growth
could change the significance of precursors in the area.
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In this final rulemaking, EPA announces its partial approval of
those elements (excluding the quantitative milestone element) of the
Telluride PM10 SIP, which were due on November 15, 1991 and
submitted on March 17, 1993. Further, section 110(k)(4) of the Act
authorizes EPA to approve a plan revision based on a commitment of the
State to adopt specific enforceable measures by a date certain, but not
later than one year after the date of approval of the plan revision.
Hence, EPA announces its conditional approval of the quantitative
milestones element of the Telluride PM10 SIP based on the State's
commitment, dated April 21, 1994, to adopt control measures for
Telluride by November 30, 1994 that are necessary to demonstrate
maintenance of the PM10 NAAQS. Section 110(k)(4) provides that any
such conditional approval shall be treated as a disapproval if the
state fails to comply with such commitment.\4\
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\4\If the State fails to comply with its commitment, this
conditional approval of the quantitative milestones element will
become a disapproval upon EPA notification of the State by letter.
EPA subsequently will publish a notice in the ``Notices Section'' of
the Federal Register announcing such action and explaining its
implications. If this conditional approval is converted to a
disapproval, the sanctions clock under section 179(a) of the Act
will begin. This clock will begin at the time EPA issues a final
disapproval or at the time EPA notifies the State by letter that a
conditional approval has been converted to a disapproval.
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The quantitative milestone element of the Telluride SIP is
deficient in that it does not demonstrate that the second quantitative
milestone--continued maintenance from 1994 through 1997--will be
achieved. EPA conditionally approves this element of the SIP in light
of the State's commitment to adopt additional control measures
necessary to provide for continued maintenance.
The State has indicated that it intends to address the maintenance
issue by proposing for adoption additional control measures to maintain
the PM10 NAAQS through 1997. In an April 21, 1994 letter from
Thomas Getz, Colorado Air Pollution Control Division (APCD), to Douglas
M. Skie, EPA, the State made the following commitments: (1) maintenance
control measures and any related SIP revision will be proposed to the
Colorado Air Quality Control Commission (AQCC) by July 21, 1994; (2) a
public hearing on such regulations and SIP revision will be held by
October 20, 1994; and (3) the adopted regulations and SIP revision will
be submitted to EPA by November 30, 1994. The effective date of such
measures must be November 1, 1995, but could be as early as December 1,
1994.
Upon adoption and submittal to EPA, these additional control
measures for maintenance will be evaluated for their adequacy in
allowing the area to demonstrate maintenance through 1997.
On August 16, 1994, EPA only partially approved the State's
nonattainment new source review (NSR) permitting regulations for the
Telluride moderate PM10 nonattainment area (among others) because
the State did not submit NSR permitting regulations for sources of
PM10 precursors in Telluride and because EPA had not yet found
that such sources did not contribute significantly in Telluride (see 59
FR 33213). In this final rulemaking, EPA is now finalizing its finding
that major stationary sources of precursors of PM10 do not
contribute significantly to PM10 levels in excess of the NAAQS in
Telluride. The consequence of this finding is to exclude major
stationary sources of PM10 precursors in Telluride from the
applicability of PM10 nonattainment area control requirements,
including nonattainment NSR permitting requirements. Thus, the State's
nonattainment NSR regulations for Telluride area now considered fully
approved.
In this final rulemaking action EPA also announces its full
approval of the PM10 contingency measures that were due on
November 15, 1993 and submitted by the State on December 9, 1993. In
addition, EPA amends the nonattainment area boundary description for
Telluride in order to clarify the original description.
Please refer to EPA's proposed rulemaking (59 FR 32397) and the TSD
for that action for a detailed discussion of these elements of the
Telluride plan.
EPA finds that the State of Colorado's PM10 SIP for the
Telluride moderate nonattainment area meets the Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), requirement. Colorado's SIP revision for Telluride
contains control measures for sources of wood and coal burning. The
State has demonstrated that by applying control measures to this area
source, Telluride will be in attainment by December 31, 1994, and it
does not appear that apply further control measures to these sources
would expedite attainment.
Therefore, EPA views the following measure as reasonable,
enforceable, and responsible for significant PM10 emissions
reductions in Telluride: Colorado regulation entitled ``State
Implementation Plan--Specific Regulations for Local Elements, II.
Telluride Nonattainment Area,'' which requires continued implementation
of local programs to control solid fuel burning devices, eliminate coal
burning, and prohibit installation of additional solid fuel burning
devices. The RACM (including RACT) provisions in the SIP are described
further in the TSD associated with EPA's June 23, 1994 proposed
rulemaking on this SIP.
A more detailed discussion of the individual source contributions,
their associated control measures (including available control
technology) and an explanation of why certain available control
measures were not implemented, can be found in the TSD accompanying
EPA's proposed rulemaking for the Telluride moderate PM10
nonattainment area SIP (59 FR 32397). EPA has reviewed the state's
documentation and concluded that it adequate justifies the control
measure to be implemented. The implementation of Colorado's PM10
nonattainment plan for Telluride will result in attainment of the
PM10 NAAQS by December 31, 1994. EPA is approving the Telluride
PM10 plan's control strategy as satisfying the RACM (including
RACT) requirement.
EPA also finds that the State of Colorado's December 9, 1993
submittal of PM10 contingency measures for the Telluride moderate
PM10 nonattainment area meets the requirements of section
172(c)(9) of the Act. Specifically, section II.B. of the State
regulation entitled ``State Implementation Plan-Specific Regulations
for Local Elements'' provides that, upon the determination that the
area has failed to attain the PM10 NAAQS or make reasonable
further progress (RFP), the following will be implemented: (1) 0.30
miles of dirt roads within the Town of Telluride will be chip-seal
paved, and (2) either 2.0 miles of unpaved San Miguel County gravel
roads at the Ski Ranches Subdivision or 0.75 miles of private dirt
roads at the Hillside/Gold King Subdivision (each within the Telluride
nonattainment area) will be chip-seal paved. EPA has reviewed the
State's documentation and regulation and concluded that they adequately
meet the requirements of section 172(c)(9) of the Act. By this action,
EPA is approving the PM10 contingency measures for the Telluride
moderate PM10 nonattainment area.
Finally, EPA announces a clarification to the Telluride moderate
PM10 nonattainment area boundary, which is based on a legal
description of the map outline of the area, as follows.
The Telluride nonattainment area begins at the intersection of
Colorado State Highway 145 and the Telluride service area boundary, as
it existed in 1991. The western edge of the nonattainment area until it
meets Remine Creek is defined as follows:
A tract of land located in a portion of the west one-half of
Section 28 and the east one-half of Section 29, Township 43 North,
Range 9 west, of the New Mexico Principal Meridian, County of San
Miguel, State of Colorado, described as follows:
Beginning at the southwest corner of the said Section 28;
Thence N 89 deg.36'00'' W. 292.70 Feet;
Thence S 04 deg.05'12'' W. 538.63 Feet;
Thence N 03 deg.29'42'' W. 780.19 Feet;
Thence N 22 deg.15'00'' E. 3,344.16 Feet;
Thence S 51 deg.51'49'' E. 570.44 Feet;
Thence S 03 deg.15'36'' E. 1,106.22 Feet;
Thence S 45 deg.24'42'' E. 546.96 Feet;
Thence S 28 deg.41'12'' W. 549.62 Feet;
Thence S 29 deg.40'09'' E. 169.68 Feet;
Thence S 44 deg.30'03'' W. 649.51 Feet;
Thence S 85 deg.54'00'' E. 660.00 Feet;
Thence S 04 deg.06'00'' W. 660.00 Feet;
Thence N 89 deg.56'00'' E. 1,318.68 Feet; to the true point of
beginning containing 11,249 acres as described above.
Then, at Remine Creek, the nonattainment boundary follows the
service area boundary for 9.65 miles to the eastern edge of the area,
continuing to follow the 9,200 foot contour line. The boundary then
intersects Bear Creek. Here the nonattainment boundary diverges from
the service area boundary (9,200 foot contour line). The nonattainment
boundary continues in a west, southwest direction for 0.92 miles from
the intersection of the 9,200 foot contour line and Bear Creek to the
top of ski lift number 9 in the Telluride Ski Area at an elevation of
about 11,900 feet. The boundary then shifts and runs in a north-
westerly direction for 0.83 miles from the top of lift 9 to the top of
lift 7, which is located at an elevation of 10,490 feet. From the top
of lift 7, the nonattainment boundary continues in a north-westerly
direction for 0.5 miles to the intersection of lift 3 with the 10,000
foot control line. The nonattainment boundary follows the 10,000 foot
contour line in a south, south-west direction for 3.2 miles, until it
intersects Skunk Creek. Here the boundary diverges from the 10,000 foot
contour line and follows Skunk Creek in a northerly direction for 2.25
miles. At the intersection of Skunk Creek and Colorado State Highway
145, the nonattainment boundary leaves the creek and follows Highway
145 in a northerly direction until it meets the service area boundary
as it existed prior to changes adopted in 1991.
EPA is replacing the boundary description currently in 40 CFR
81.306 with this revised description to more clearly define the
nonattainment area. Note that this description is merely a more
detailed explanation of the boundary and not a change in the boundary
itself.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for a
revision to any SIP. Each request for a revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
III. Final Action
This document announces EPA's final action on the rulemaking
proposed at 59 FR 32397 on June 23, 1994. As noted elsewhere in this
action, EPA received no comments on the proposed action. As a direct
result, the Regional Administrator has reclassified this action from
Table 2 to Table 3 under the processing procedures established at 54 FR
2214, January 19, 1989.
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
Approvals and conditional approvals of SIP submittals under
sections 110 and 301, and subchapter I, part D of the Clean Air Act do
not create any new requirements, but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on small entities affected. Moreover, due
to the nature of the Federal-state relationship under the Clean Air
Act, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 18, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review must be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
The Office of Management and Budget (OMB) has exempted these
actions from review under Executive Order 12866.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and record keeping requirements,
Sulfur dioxide, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 31, 1994.
Jack W. McGraw,
Acting, Regional Administrator.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.320 is amended by adding paragraph (c)(68) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(68) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Telluride, Colorado with a letter dated
March 17, 1993. The submittal was made to satisfy those moderate
PM10 nonattainment area SIP requirements due for Telluride on
November 15, 1991; however, the submittal did not contain quantitative
milestones to provide for maintenance of the PM10 National Ambient
Air Quality Standards through December 1997. The Governor of Colorado
submitted moderate PM10 nonattainment area contingency measures
for Telluride with a letter dated December 9, 1993. This submittal was
intended to satisfy the requirements of section 172(c)(9) of the Clean
Air Act due on November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, Section II., Telluride Nonattainment Area, adopted January
21, 1993 and effective on March 2, 1993, with revisions adopted
November 12, 1993 and effective December 30, 1993.
(ii) Additional material.
(A) The commitment and schedule for the adoption and implementation
of PM10 control measures that are necessary to demonstrate
maintenance of the 24-hour PM10 standard in Telluride, which were
submitted in an April 21, 1994 letter from Thomas Getz, Air Pollution
Control Division, to Douglas M. Skie, EPA.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.306 the table for Colorado-PM10 Nonattainment
Areas is amended under San Miguel County by revising the entry for
``Telluride'' to read as follows:
Sec. 81.306 Colorado
* * * * *
Colorado.--PM-10 Nonattainment Areas
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Designation Classification
Designated Area -----------------------------------------------------------------------------------
Date Type Date Type
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San Miguel County
Telluride............... 11/15/90 Nonattainment 11/15/90 Moderate
The Telluride
nonattainment area
begins at the
intersection of
Colorado State
Highway 145 and the
Telluride service
area boundary, as
it existed in 1991.
The western edge of
the nonattainment
area until it meets
Remine Creek is
defined as follows:
A tract of land
located in a
portion of the west
one-half of Section
28 and the east one-
half of Section 29,
Township 43 North,
Range 9 west, of
the New Mexico
Principal Meridian,
County of San
Miguel, State of
Colorado, described
as follows:
Beginning at the
southwest corner of
the said Section
28; Thence N 89
deg.36'00'' W.
292.70 Feet; Thence
S 04 deg.05'12'' W.
538.63 Feet; Thence
N 03 deg.29'42'' W.
780.19 Feet; Thence
N 22 deg.15'00''E.
3344.16 Feet;
Thence S 51
deg.51'49'' E.
570.44 Feet; Thence
S 03 deg.15'36'' E.
1106.22 Feet;
Thence S 45
deg.24'42'' E.
546.96 Feet; Thence
S 28 deg.41'12'' W.
549.62 Feet; Thence
S 29 deg.40'09'' E.
169.68 Feet; Thence
S 44 deg.30'03'' W.
649.51 Feet; Thence
S 85 deg.54'00'' E.
660.00 Feet; Thence
S 04 deg.06'00'' W.
660.00 Feet; Thence
N 89 deg.56'00'' E.
1318.68 Feet; to
the true point of
beginning
containing 11249
acres as described
above.
Then, at Remine
Creek, the
nonattainment
boundary follows
the service area
boundary for 9.65
miles to the 9,200
foot contour line.
The boundary then
intersects Bear
Creek. Here the
nonattainment
boundary diverges
from the service
area boundary
(9,200 foot contour
line). The
nonatttainment
boundary continues
in a west,
southwest direction
for 0.92 miles from
the intersection of
the 9,200 foot
contour line and
Bear Creek to the
top of ski lift
number 9 in the
Telluride Ski Area
at an elevation of
about 11,900 feet.
The boundary then
shifts and runs in
a north-westerly
direction for 0.83
miles from the top
of lift 9 to the
top of lift 7,
which is located at
an elevation of
10,490 feet. From
the top of lift 7,
the nonattainment
boundary continues
in a north-westerly
direction for 0.5
miles to the
intersection of
lift 3 with the
10,000 foot control
line. The
nonattainment
boundary follows
the 10,000 foot
contour line in a
south, south-west
direction for 3.2
miles, until it
intersects Skunk
Creek. Here the
boundary diverges
from the 10,000
foot contour line
and follows Skunk
Creek in a
northerly direction
for 2.25 miles. At
the intersection of
Skunk Creek and
Colorado State
Highway 145, the
nonattainment
boundary leaves the
creek and follows
Highway 145 in a
northerly direction
until it meets the
service area
boundary as it
existed prior to
changes adopted in
1991
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 94-22527 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-P-M
