Clean Air Act Approval and Promulgation of PM10 Implementation Plan and Oxygenated Gasoline Program for Colorado |
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Nela Y. Cooke
Environmental Protection Agency
25 July 1994
[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17692]
[[Page Unknown]]
[Federal Register: July 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CO33-1-6406; and CO5-1-6386; FRL-5003-7]
Clean Air Act Approval and Promulgation of PM10
Implementation Plan and Oxygenated Gasoline Program for Colorado
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action, EPA is finalizing two separate proposed
actions: EPA is finalizing the limited approval of the control measures
which were contained in the State Implementation Plan (SIP) revisions
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). EPA is approving these control measures for
the limited purpose of strengthening the federally approved SIP for
Colorado. (At this time, EPA is not approving the control measures
limiting the emissions from Purina Mills and Electron Corporation. EPA
will act on these measures at a later date.) The SIP revisions were
submitted by Colorado to satisfy certain federal requirements for an
approvable moderate nonattainment area PM10 SIP for Denver.
Approval of these measures makes them federally enforceable. The EPA
will take separate action, as appropriate, on the revisions as a whole
at a later date. EPA is also approving revisions to Regulation No. 13
(oxygenated gasoline program) submitted on August 6, 1990, and November
27, 1992, implementing and amending oxygenated gasoline programs in the
Fort Collins-Loveland, Colorado Springs, and Boulder-Denver
Metropolitan Statistical Areas (MSA) as required by Section 211(m) of
the Clean Air Act, as amended by the Clean Air Act Amendments of 1990
(the Act). This action is being taken under Section 110 of the Clean
Air Act.
EFFECTIVE DATE: This rule will become effective on August 24, 1994.
ADDRESSES: Copies of the State's submittal and other information are
available for inspection during normal business hours at the following
locations: Environmental Protection Agency, Region VIII, Air Programs
Branch, 999 18th Street, Suite 500, Denver, Colorado 80202-2405;
Colorado Air Pollution Control Division, 4300 Cherry Creek Dr. South,
Denver, Colorado 80222-1530, and Air and Radiation Docket and
Information Center, Environmental Protection Agency, 401 M Street SW.,
Washington, DC, 20460.
FOR FURTHER INFORMATION CONTACT: Final limited approval--Callie
Videtich, Air Programs Branch, U.S. Environmental Protection Agency,
Region VIII, Denver, Colorado 80202-2466, (303) 293-1754. Regulation
No. 13 final approval--Scott P. Lee, Air Programs Branch, U.S.
Environmental Protection Agency, Region VIII, Denver, Colorado 80202-
2466, (303) 293-1887.
Denver PM10
SUPPLEMENTARY INFORMATION:
I. Background
The Denver, 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
(specifying PM10 nonattainment designation for the Denver
metropolitan area). 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 Act2.
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\1\The 1990 Amendments to the Clean Air Act made significant
changes to the air quality planning requirements for areas that do
not meet (or that significantly contribute to ambient air quality in
a nearby area that does not meet) the PM10 National Ambient Air
Quality Standards (see Public Law No. 101-549, 104 Stat. 2399).
References herein are to the Clean Air Act, as amended (the Act), 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 it's 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.
Those States containing initial moderate PM10 nonattainment
areas (i.e., those areas designated nonattainment for PM10 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 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 are 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)). Such States also must submit contingency
measures by November 15, 1993 that 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 PM10 NAAQS by the
applicable statutory deadline. See section 172(c)(9) and 57 FR 13543-
13544.
On December 20, 1993 (at 58 FR 66326), EPA announced its intention
to take two separate actions with two independent public comment
periods on the SIP revisions submitted by the State of Colorado to
satisfy the moderate PM10 nonattainment area SIP requirements due
November 15, 1991 for the Denver PM10 nonattainment area. One
proposed action was to grant conditional approval of the SIP revisions
due to the State's need to fulfill a final commitment to revise permit
limitations at two stationary sources (Purina Mills, and Electron
Corporation) prior to December 1, 1993. EPA will take action on the
conditional approval at a later date. The second proposed action was to
limitedly approve the control measures, excluding the permit limits for
Purina Mills and Electron Corporation, contained in the SIP revisions
for the limited purpose of strengthening the federally enforceable SIP
for Colorado. In the proposed rulemaking actions and related Technical
Support Document (TSD), EPA described in detail its interpretations of
the Act and its rationale for proposing to approve the control measures
for their limited purpose in strengthening the federally approved
implementation plan for Denver, taking into consideration the specific
factual issues presented.
EPA requested public comments on all aspects of the proposal
related to the limited approval (please reference 58 FR 66326). EPA
received no comments during the public comment period regarding the
proposed limited approval. This final action on the limited approval of
the control measures in the Denver moderate nonattainment area
PM10 SIP revisions is unchanged from the December 20, 1993,
proposed approval action.
The discussion herein provides only a broad overview of the
proposed action EPA is now finalizing. The public is referred to the
December 20, 1993, proposed rule for a more in-depth discussion of the
action now being finalized.
II. Response to Comments
EPA did not receive any public comments regarding its December 20,
1993, proposed limited approval of the Denver moderate nonattainment
area PM10 SIP control measures. (58 FR 66326-66334).
III. 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 Denver PM10 SIP revision in a letter dated
June 7, 1993. That submittal and subsequent submittals made on
September 3, 1993, and October 20, 1993, fulfilled commitments made on
June 7, 1993, were intended to satisfy those moderate PM10 SIP
requirements due for Denver on November 15, 1991. As described in EPA's
proposed action on this SIP (58 FR 66326-66334, December 20, 1993), the
Denver June 7, 1993, moderate nonattainment area PM10 plan and
subsequent submittals include control measures. EPA may grant a
``limited'' approval of SIP requirements under section 110(k)(3) of the
Act in light of the general authority delegated to EPA under section
301(a) of the Act which allows EPA to take actions necessary to carry
out the purposes of the Act. EPA is granting a final limited approval
of the referenced PM10 control measures for Denver because they
strengthen the SIP by advancing the PM10 air quality protection
goal of the Act. Federal approval of the control measures makes them
federally-enforceable. However, this limited approval is not approving
those measures as satisfying the RACM requirement or any other specific
requirement of the Act, nor does it constitute full approval of the SIP
pursuant to section 110(k)(3). Please refer to EPA's notice of proposed
rulemaking (58 FR 66326) and the TSD for that action for a more
detailed discussion on control measures contained in the Denver plan.
In this notice of final rulemaking action, EPA is announcing its
approval of the control measures, excluding the permit limits for
Purina Mills and Electron Corporation, contained in the June 7, 1993
Denver PM10 SIP and subsequent submittals noted above for their
limited purpose in strengthening the SIP.
Four sources/source categories were identified as contributing to
the PM10 nonattainment problem in Denver and, therefore, were
targeted for control in the SIP revisions. Control measures were
developed for the following area sources: residential wood combustion,
street sanding and sweeping of paved streets, and mobile sources. In
addition, controls reducing emissions from stationary sources were also
developed.
EPA views the following measures as reasonable, enforceable, and
responsible for PM10 emissions reductions in the Denver PM10
nonattainment area: (1) Colorado Regulation No. 4 which regulates
residential wood burning; (2) Colorado Regulation No. 16 which sets
sanding and sweeping requirements; (3) the federal tailpipe standards,
which provide an ongoing benefit due to fleet turnover and Colorado
Regulations 12 and 13 which were developed independently from the
PM10 SIP but are included because of their particulate emission
reduction benefit; and (4) Colorado Regulation No. 1, which provides
stationary source emission control regulations for particulates,
smokes, carbon monoxide and sulfur oxides.
A more detailed discussion of the individual source contributions
and their associated control measures (including available control
technology) can be found in the TSD accompanying EPA's proposed
approval of the Denver moderate PM10 nonattainment area SIP (58 FR
66326). EPA has reviewed the State's documentation and concluded that
the control measures on which EPA is taking final action on today serve
to strengthen the existing SIP by advancing the PM10 air quality
protection goal of the Act.
As noted, EPA is finalizing the control measures contained in
Colorado's June 7, 1993 SIP submittal and subsequent SIP submittals for
the Denver PM10 nonattainment area, excluding the permit limits
for Purina Mills and Electron Corporation which will be acted on at a
later date. This action is explained in the notice of proposed
rulemaking (58 FR 66326-66334) and associated TSD.
IV. Final Action--Limited Approval
This document announces EPA's final action on the limited approval
rulemaking proposed at 58 FR 66326. As noted elsewhere in this action,
EPA received no adverse public comments on the proposed action to
approve the control measures for their limited purpose in strengthening
the existing SIP. As a direct result, the Regional Administrator has
reclassified this action from Table 1 to Table 3 under the processing
procedures established at 54 FR 2214, January 19, 1989.
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 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.
Regulation No. 13
SUPPLEMENTARY INFORMATION: On January 11, 1994 (59 FR 1513-1515), EPA
published a notice of proposed rulemaking for the State of Colorado.
The notice proposed approval of an oxygenated gasoline program.
The formal SIP revisions were submitted by the State of Colorado on
August 6, 1990 and November 27, 1992. (The November 27, 1992 revision
supersedes the August 6, 1990 submission. EPA mentions the August 6,
1990 submittal as historical information. EPA is taking action on only
the November 27, 1992 revision.) The revisions included amended
versions of Colorado's Regulation 13. These regulatory changes were
adopted by the Colorado Air Quality Control Commission. A more detailed
analysis of the state submittal was prepared as part of the proposed
action and is contained in a TSD dated September 25, 1993, which is
available from the Region VIII office listed in the Addresses section
of this document. Other specific requirements of the oxygenated
gasoline program and the rationale for EPA's proposed action are
explained in the proposed rulemaking and will not be restated here. No
public comments were received on the proposal.
I. Final Action--Regulation No. 13
EPA is approving Colorado's Regulation No. 13; Oxygenated Gasoline
Program as adopted September 17, 1992 by the Colorado Air Quality
Control Commission as part of the Air Quality Implementation Plan for
State of Colorado. This Regulation was submitted on November 27, 1992.
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 the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 23, 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)).
Executive Order (EO) 12866
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. A future notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the
requirements of Section 3 of Executive Order 12291 for 2 years. The EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The OMB has agreed to continue the temporary waiver
until such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993. OMB has exempted this regulatory action
from E.O. 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, and Volatile organic
compounds.
Dated: June 1, 1994.
Nela Y. Cooke,
Acting Regional Administrator.
40 CFR, part 52, Subpart G, is amended as follows:
Subpart G--Colorado
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
2. Section 52.320 is amended by adding paragraphs (c)(61) and
(c)(67) to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(61) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Denver, Colorado with a letter dated June
7, 1993, and subsequent submittals dated September 3, 1993, and October
20, 1993, fulfilling most of the commitments made in the June 7, 1993,
letter. The submittals were made to satisfy those moderate PM10
nonattainment area SIP requirements due for the Denver PM10
nonattainment area on November 15, 1991. EPA is approving, for the
limited purpose of strengthening the SIP, the control measures
contained in the SIP revisions identified above. (EPA is not approving,
at this time, the control measures limiting the emissions from Purina
Mills and Electron Corporation.)
(i) Incorporation by reference.
(A) Revisions to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves and the Use of Certain Woodburning Appliances During High
Pollution Days,'' as adopted by the Air Quality Control Commission on
June 24, 1993, effective August 30, 1993, as follows: insert new
Section VIII and recodification of References Section. This revision
pertains to local jurisdiction implementation and enforcement of
ordinances and resolutions restricting wood burning on high pollution
days.
(B) Regulation No. 16, ``Concerning Material Specifications for,
Use of, and Clean-up of Street Sanding Material,'' as adopted by the
Air Quality Control Commission on June 24, 1993, effective August 30,
1993, as follows: recodification of Regulation and addition of Sections
II and III, which regulate emissions from street sanding and sweeping
in the Denver PM10 nonattainment area.
(C) Revisions to Regulation No. 1, ``Emission Control Regulations
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the
State of Colorado,'' as adopted by the Air Quality Control Commission
on August 19, 1993, effective October 30, 1993, as follows: insert new
Sections VII and VIII and recodification of the two following Sections,
``Emission Regulations Concerning Areas Which are Nonattainment for
Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and
``Statements of Basis and Purpose'' Sections. The revisions pertain to
restrictions on the use of oil as a back-up fuel for certain sources
and set new emission limits at the following Public Service Company
Power Plants: Cherokee, Arapahoe, and Valmont.
(D) Coors Glass Plant allowable emission limitations on three
furnaces.
1. Permit 92JE129-1, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace #1.
2. Permit 92JE129-2, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace #2.
3. Permit 92JE129-3, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace #3.
(E) Conoco Refinery allowable emission limitations from the
refinery.
1. Permit 90AD524, effective date March 20, 1991, regulating a
Tulsa natural gas fired 20MMbtu/hour heater equipped with low-Nox
burners.
2. Permit 90AD053, effective date March 20, 1991, regulating
process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8
all burning fuel gas only.
3. Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material.
(A) Regional Air Quality Council, ``Guidelines for Reducing Air
Pollution from Street Sanding'' sets voluntary guidelines for public
works departments to follow to reduce the amount of street sand
applied, and includes recommendations for increasing the effectiveness
of street cleaning operations.
(B) Adolph Coors Company Brewery permit emission limitations on
five boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-
11305.
(67) On November 27, 1992, the Governor of Colorado, submitted a
revision to the Colorado SIP. This revision replaces previous versions
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated
gasoline program) adopted September 17, 1992. Regulation No. 13
requires the oxygenated gasoline programs to be implemented in the Fort
Collins-Loveland, Colorado Springs, and Boulder-Denver Metropolitan
Statistical Areas (MSA) as required by Section 211(m) of the Clean Air
Act Amendments of 1990.
(i) Incorporation by reference.
(A) Revision to Regulation No. 13, ``Oxygenated Gasoline Program,''
as adopted by the Colorado Air Quality Control Commission on September
17, 1992, effective October 10, 1992, as follows: entire Regulation
revision. This regulation supersedes and replaces all previous
revisions to Regulation No. 13, (40 CFR, 52.320(46)(2)).
[FR Doc. 94-17692 Filed 7-22-94; 8:45 am]
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