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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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] BILLING CODE 6560-50-P