Approval and Promulgation of Air Quality Implementation Plans; Colorado; Designation of Areas for Air Quality Planning Purposes, Steamboat Springs

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 25, 2004 (Volume 69, Number 205)]
[Rules and Regulations]
[Page 62210-62217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc04-13]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CO-001-0077a; FRL-7815-5]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Designation of Areas for Air Quality Planning Purposes,
Steamboat Springs

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final rule action to approve a State
Implementation Plan (SIP) revision submitted by the State of Colorado
on July 31, 2002, for the purpose of redesignating the Steamboat
Springs, Colorado area from nonattainment to attainment for particulate
matter with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM₁₀) under the 1987 standards. The Governor's
submittal, among other things, documents that the Steamboat Springs
area has attained the PM₁₀ national ambient air quality
standards (NAAQS), requests redesignation to attainment and includes a
maintenance plan for the area demonstrating maintenance of the
PM₁₀ NAAQS for ten years. On August 5, 2004, EPA proposed to
approve (69 FR 47399) in parallel with a direct final rule (69 FR
47366) Colorado's Steamboat Springs submittal in conjunction with
Colorado's submittal to redesignate Lamar, Colorado. However, adverse
comments pertaining to the Lamar PM₁₀ redesignation were
received during the public comment period, therefore, EPA withdrew the
approval of Lamar and Steamboat Springs. Since no comments were
received during the public comment period on the approval of
redesignating Steamboat Springs, EPA is acting to approve the
redesignation in this final rule. EPA is approving this redesignation
request and maintenance plan for Steamboat Springs because Colorado has
met the applicable requirements of the Clean Air Act (CAA), as amended.
Upon the effective date of this approval, the Steamboat Springs area
will be designated attainment for the PM₁₀ NAAQS. This action is
being taken under sections 107, 110, and 175A of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective November 24, 2004.

ADDRESSES: EPA has established a docket for this under Docket ID No.
CO-001-0077a. Some information in the docket is not publicly available,
i.e., Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Publicly available docket
materials are available in hard copy at the Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite
300, Denver, Colorado 80202-2466. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the docket. You may view the docket Monday
through Friday, 8 a.m. to 4 p.m., excluding federal holidays. Copies of
the Incorporation by Reference material are also available at the Air
and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-108 (Mail Code 6102T), 1301 Constitution
Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Libby Faulk, Air and Radiation
Program, U.S. EPA, Region VIII, 999 18th Street, Ste. 300 (8P-AR),
Denver, Colorado, 80202-2466. Telephone: (303) 312-6083. E-mail
Address: faulk.libby@epa.gov.

SUPPLEMENTARY INFORMATION: For the purpose of this document, we are
giving meaning to certain words or initials as follows:

[[Page 62211]]

(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State mean the State of Colorado, unless the context
indicates otherwise.

Table of Contents

I. EPA's Final Action
A. What Action Is EPA Taking in This Direct Final Rule?
II. Summary of Redesignation Request and Maintenance Plan
A. What Requirements Must Be Followed for Redesignation to Attainment?
B. Does the Steamboat Springs Redesignation Requests and
Maintenance Plan Meet the CAA Requirements?
C. Have the Transportation Conformity Requirements Been Met?
D. Did Colorado Follow the Proper Procedures for Adopting this Action?
III. Background
IV. Consideration of CAA section 110(l)
V. Statutory and Executive Order Reviews

I. EPA's Final Action

A. What Action Is EPA Taking in This Direct Final Rule?

We are approving the Governor's submittal of July 31, 2002, that
requests redesignation for the Steamboat Springs nonattainment area to
attainment for the 1987 PM₁₀ standards. Included in
Colorado's submittal are changes to the ``State Implementation Plan--
Specific Regulations for Nonattainment--Attainment/Maintenance Areas
(Local Areas)'' which we are approving, under section 110 of the CAA,
into Colorado's SIP. We are also approving the maintenance plan for the
Steamboat Springs PM₁₀ nonattainment area, which was
submitted with Colorado's July 31, 2002 redesignation request. We are
approving this request and maintenance plan because Colorado has
adequately addressed all of the requirements of the CAA for
redesignation to attainment applicable to the Steamboat Springs
PM₁₀ nonattainment area. Upon the effective date of this
action, the Steamboat Springs area designation status under 40 CFR Part
81 will be revised to attainment.

II. Summary of Redesignation Request and Maintenance Plan

A. What Requirements Must Be Followed for Redesignations to Attainment?

In order for a nonattainment area to be redesignated to attainment,
the following conditions in section 107(d)(3)(E) of the CAA must be met:
(i) We must determine that the area has attained the NAAQS;
(ii) The applicable implementation plan for the area must be fully
approved under section 110(k) of the CAA;
(iii) We must determine that the improvement in air quality is due
to permanent and enforceable reductions in emissions resulting from
implementation of the applicable implementation plan and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions;
(iv) We must fully approve a maintenance plan for the area as
meeting the requirements of CAA section 175A; and,
(v) The State containing such an area must meet all requirements
applicable to the area under section 110 and part D of the CAA.
Our September 4, 1992 guidance entitled ``Procedures for Processing
Requests to Redesignate Areas to Attainment'' outlines how to assess
the adequacy of redesignation requests against the conditions listed above.
The following is a brief discussion of how Colorado's redesignation
request and maintenance plan meets the requirements of the CAA for
redesignation of the Steamboat Springs area to attainment for PM₁₀.

B. Does the Steamboat Springs Redesignation Request and Maintenance
Plan Meet the CAA Requirements?

i. Attainment of the PM₁₀ NAAQS
A state must demonstrate that an area has attained the
PM₁₀ NAAQS through submittal of ambient air quality data
from an ambient air monitoring network representing maximum
PM₁₀ concentrations. The data, which must be quality assured
and recorded in the Aerometric Information Retrieval System (AIRS),
must show that the average annual number of expected exceedances for
the area is less than or equal to 1.0, pursuant to 40 CFR 50.6. In
making this showing, the three most recent years of complete air
quality data must be used.
Colorado operates two PM₁₀ monitoring sites in the
Steamboat Springs PM₁₀ nonattainment area. Colorado
submitted ambient air quality data from both monitoring sites which
demonstrate that the area has attained the PM₁₀ NAAQS. These
air quality data were quality assured and placed in AIRS. Two
exceedances of the 24-hour PM₁₀ NAAQS were measured in 1993
and 1996. However, the 3-year average of estimated exceedances remained
below 1.0 (per year) (40 CFR Part 50.6) and therefore did not result in
a violation of the 24-hour PM₁₀ NAAQS. The three most recent
years of data for the area (2000-2002) are complete (i.e., data are
available for at least 75% of the scheduled PM₁₀ samples per
quarter) with no recorded violations. The annual PM₁₀ NAAQS
has never been exceeded in Steamboat Springs. We believe that Colorado
has adequately demonstrated, through ambient air quality data, that the
PM₁₀ NAAQS have been attained in the Steamboat Springs area.
ii. State Implementation Plan Approval
Those States containing initial moderate PM₁₀
nonattainment areas were required by the 1990 amendments to the CAA to
submit a SIP by November 15, 1991 which demonstrated attainment of the
PM₁₀ NAAQS by December 31, 1994. To approve a redesignation
request, the SIP for the area must be fully approved under section
110(k) and must satisfy all requirements that apply to that area. The
Steamboat Springs area was designated nonattainment for PM₁₀
on December 21, 1993 (58 FR 67334). EPA fully approved the
PM₁₀ SIP for Steamboat Springs on December 31, 1997 (62 FR
68188). The PM₁₀ SIP for Steamboat Springs is approved as
meeting the moderate PM₁₀ nonattainment plan requirements.
iii. Improvement in Air Quality Due to Permanent and Enforceable Measures
Section 107(d)(3)(E)(iii) of the CAA provides that for an area to
be redesignated to attainment, the Administrator must determine that
the improvement in air quality is due to emission reductions which are
permanent and enforceable. The primary sources of PM₁₀
emissions in the Steamboat Springs area are re-entrained road dust
(from highways, paved roads, chip sealed roads, and unpaved roads) and
woodburning. The permanent and enforceable control measures that
brought the Steamboat Springs PM₁₀ nonattainment area into
attainment and were approved by EPA into Colorado's SIP in 1997 are
described in detail below.
The City of Steamboat Springs and Routt County adopted local
ordinance and resolutions that limit the number and types of
woodburning devices in new construction in the Steamboat Springs area.
Installation of new solid fuel burning devices is limited to one
approved device for any building. The Steamboat Springs area adopted
these measures in the late 1980s and early 1990s and the measures were
included

[[Page 62212]]

in State regulation in 1993 (Section VIII.E. of the ``State
Implementation Plan--Specific Regulations for Nonattainment--
Attainment/Maintenance Areas (Local Areas)). The rule was approved by
EPA on December 31, 1997 (62 FR 68188).
The Steamboat Springs area adopted two street sanding control
strategies for the nonattainment area. The first street sanding control
strategy requires that any user that applies street sanding materials
in the Steamboat Springs area must use materials containing less than
two percent fines, except on U.S. Highway 40 from the junction of U.S.
Highway 131 towards Rabbit Ears Pass. This strategy was included in
State regulations in 1996 (Section VIII.B. of the ``State
Implementation Plan--Specific Regulations for Nonattainment--
Attainment/Maintenance Areas (Local Areas)). The second street sanding
control strategy requires that the Colorado Department of
Transportation (CDOT) reduce the amount of sand applied on U.S.
Highways 40 and 131 in the Steamboat Springs area by 10 percent. This
strategy was included in State regulation in 1996 (Section VIII.C. of
the ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Areas)). Both the
street sanding controls were approved by EPA on December 31, 1997 (62
FR 68188).
In addition, the Steamboat Springs area adopted street sweeping
requirements for a defined section of Lincoln Avenue (Highway 40 in
town). Street cleaning using vacuum sweepers or any other sweepers with
equal efficiency must be performed four times within four days of the
roadways becoming free and clear of snow and ice following each sanding
deployment use. This strategy was included in State regulations in 1996
(Section VIII.D. of the ``State Implementation Plan--Specific
Regulations for Nonattainment--Attainment/Maintenance Areas (Local
Areas)). The rule was approved by EPA on December 31, 1997 (62 FR 68188).
In addition to the local control measures that have been adopted in
the Steamboat Springs area, Colorado's July 31, 2002 submittal did cite
several State-wide regulations that limit emissions from any new source
that may locate in the Steamboat Springs area. These rules are: ``Air
Pollution Emission Notices, Construction Permits and Fees, Operating
Permits and Including the Prevention of Significant Deterioration''
(Regulation No. 3), ``Standards of Performance for New Stationary
Sources'' (Regulation No. 6), and the ``Common Provisions Regulation.''
In addition to these State and Local control measures, the Federal
Motor Vehicle Emission Control Program has helped reduce
PM₁₀ emissions in Steamboat Springs as older, higher
emitting diesel vehicles are replaced with newer vehicles that meet
tighter emission standards. Overall, despite growth in the Steamboat
Springs nonattainment area (e.g., in population and vehicle miles
traveled), attainment of the PM₁₀ NAAQS has been
demonstrated. We have evaluated the various control measures, in
addition to the 1999 attainment year emission inventory and the
projected emissions described below, and have concluded that the
continued attainment of the PM₁₀ NAAQS in the Steamboat
Springs area has resulted from emission reductions that are permanent
and enforceable.
iv. Fully Approved Maintenance Plan Under Section 175A of the CAA
Section 107(d)(3)(E) of the CAA requires that, for a nonattainment
area to be redesignated to attainment, we must fully approve a
maintenance plan which meets the requirements of section 175A of the
CAA. The plan must demonstrate continued attainment of the relevant
NAAQS in the area for at least 10 years after our approval of the
redesignation. Eight years after our approval of a redesignation,
Colorado must submit a revised maintenance plan demonstrating
attainment for the 10 years following the initial 10 year period. The
maintenance plan must also contain a contingency plan to ensure prompt
correction of any violation of the NAAQS. (See sections 175A(b) and
(d).) Our September 4, 1992 guidance outlines five core elements that
are necessary to ensure maintenance of the relevant NAAQS in an area
seeking redesignation from nonattainment to attainment. Those elements,
as well as guidelines for subsequent maintenance plan revisions, are as
follows:

a. Attainment Inventory

The maintenance plan should include an attainment emission
inventory to identify the level of emissions in the area which is
sufficient to attain the NAAQS. An emission inventory for Steamboat
Springs was developed for the attainment year 1999 as well as the
projection inventory for the 2005 and 2010 interim years and the 2015
maintenance year. The emission inventory incorporates the emission
estimates for aircrafts, restaurants, stationary sources, woodburning,
mobile exhaust, and re-entrained road dust emissions from paved and
unpaved roads that are contained in the nonattainment area SIP element
that was approved by EPA on December 31, 1997 (62 FR 68188). Aircraft
emissions were determined by using EPA and Colorado's Air Pollution
Control Division (APCD) developed emission factors and activity data
provided by the City of Steamboat Springs. Restaurant emissions were
developed using emission factors and survey data of activity in the
Steamboat Springs area. Woodburning emissions were determined by using
EPA and APCD developed emission factors and survey data of woodburning
activity and practices in the Steamboat Springs area. Re-entrained dust
from paved and unpaved roads were developed using APCD and CDOT vehicle
miles traveled data and emission factors that were calculated using the
EPA-approved formula, local silt loading data, and the application of
credits from street sweeping and street sand reduction control
measures. Mobil exhaust was determined using EPA's PART5 model.
Stationary source emission in the Steamboat Springs area were
determined by calculating allowable emissions from three facilities in
the area in existence in the mid-1990s. The Craig and Hayden power
plants were modeled at allowable emissions for all years however these
emissions were not included in the emission inventories because they
are not located within the Steamboat Springs nonattainment--attainment/
maintenance area and modeling domain. Summary emission figures from the
1999 attainment year inventory, the 2005 and 2010 interim years, and
the 2015 projected inventory for the Steamboat Springs area are
provided in Table 1 below.

[[Page 62213]]

Table 1.--1999, 2005, 2010 and 2015 PM10 Total Emission Inventory in
Pounds per Day for Steamboat Springs
------------------------------------------------------------------------
PM10 emissions (lbs./day)
-------------------------------------------
1999 2005 2010 2015
------------------------------------------------------------------------
Aircraft.................... 24 27 30 34
Restaurant Grills........... 99 114 127 143
Vehicle Exhaust............. 53 52 56 63
Paved Roads................. 9122 10059 11271 12630
Unpaved Roads............... 7519 7233 8104 9080
Stationary Sources.......... 584 242 271 304
Woodburning................. 1057 1216 1353 1522
------------------------------------------------------------------------

More detailed descriptions of the 1999 attainment year inventory,
the 2005 and 2010 interim years, and the 2015 projected inventory for
the Steamboat Springs area are documented in the maintenance plan in
Chapter 3, section B and in the Colorado technical support
documentation. Colorado's submittal contains detailed emission
inventory information that was prepared in accordance with EPA emission
inventory guidance.\1\ Following our review, we have determined that
Colorado prepared an adequate attainment inventory for the Steamboat
Springs area.
-------------------------------------------------------------------------

\1\ EPA's current guidance on the preparation of PM₁₀
emission inventories includes, ``PM₁₀ Emission Inventory
Requirements,'' September 1994, ``Emission Inventory Improvement
Program Technical Report Series, Volumes I-VII,'' July 1997 and
September 1999, ``Revised 1999 National Emission Inventory
Preparation Plan,'' February 2001.
-------------------------------------------------------------------------

b. Maintenance Demonstration

A state may generally demonstrate maintenance of the NAAQS by
either showing that future emissions of a pollutant or its precursors
will not exceed the level of the attainment inventory, or by modeling
to show that the future mix of sources and emission rates will not
cause a violation of the NAAQS. The maintenance demonstration for the
Steamboat Springs area relied on the dispersion modeling methodology,
which is the same level of modeling used in the original attainment
demonstration for the moderate PM₁₀ SIP for this area.
Maintenance is demonstrated when the highest modeled values at each
receptor on the modeling grid are below the 150 [mu]g/m\3\. The
emission inventories for 2005, 2010, and 2015 were input into the
dispersion model to obtain 2005, 2010, and 2015 projected
PM₁₀ concentrations. The dispersion modeling for the
Steamboat Springs PM₁₀ maintenance area demonstrates that in
2005 the highest concentration is 121 [mu]g/m\3\, in 2010 the highest
concentration is 132 [mu]g/m\3\, and in 2015 the highest concentration
is 146 [mu]g/m\3\ for the 24-hour PM₁₀ NAAQS.
Since no exceedances of the PM₁₀ annual NAAQS have ever
occurred in the Steamboat Springs area and since the maintenance
demonstration clearly shows maintenance of the 24-hour PM₁₀
NAAQS in this area through the year 2015, it is reasonable and adequate
to assume that protection of the 24-hour standard will be sufficient to
protect the annual standard as well. Thus, EPA believes Colorado has
adequately demonstrated that the Steamboat Springs area will maintain
the PM₁₀ NAAQS for at least the next ten years. Detailed
information regarding the dispersion modeling results and source
apportionment can be found in Chapter 3, section C of the Steamboat
Springs maintenance plan and in the technical support document.

c. Monitoring Network

Once a nonattainment area has been redesignated to attainment, the
State must continue to operate an appropriate air quality monitoring
network, in accordance with 40 CFR part 58, to verify the attainment
status of the area. The maintenance plan should contain provisions for
continued operation of air quality monitors that will provide such
verification. Colorado operates two PM₁₀ monitoring sites in
the Steamboat Springs area. We approve these sites annually, and any
future change would require discussion with, and approval from, us. In
their July 31, 2002 submittal, Colorado committed to continue to
operate the PM₁₀ monitoring stations in Steamboat Springs,
in accordance with 40 CFR part 58.

d. Verification of Continued Attainment

A state's maintenance plan submittal should indicate how it will
track the progress of the maintenance plan. This is necessary due to
the fact that the emission projections made for the maintenance
demonstration depend on assumptions of point and area source growth.
Colorado commits to operating the Steamboat Springs PM₁₀
monitoring network and analyze the PM₁₀ concentrations in
accordance with 40 CFR Part 58 to verify continued maintenance of the
PM₁₀ NAAQS. In addition, Colorado commits to track the
progress of the Steamboat Springs maintenance plan through a periodic
review (every three years) of the assumptions made in the emissions
inventories to verify continued maintenance of the PM₁₀
NAAQS in both areas. EPA relies on these commitments in approving the
Steamboat Springs maintenance plan.

e. Contingency Plan

Section 175A(d) of the CAA requires that a maintenance plan also
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after redesignation of the area. For
the purposes of section 175A, a state is not required to have fully
adopted contingency measures that will take effect without further
action by the State in order for the maintenance plan to be approved.
However, the contingency plan is an enforceable part of the SIP and
should ensure that contingency measures are adopted expeditiously when
a violation of the NAAQS has occurred in a redesignated area. The plan
should clearly identify the measures to be adopted, a schedule and
procedure for adoption and implementation, and a specific time limit
for action by the State. The State should also identify the specific
indicators, or triggers, which will be used to determine when the
contingency plan will be implemented.
Chapter 3, section H, of the Steamboat Springs maintenance plan
contains the area's PM₁₀ contingency plan. Exceedances
trigger one level of response and violations trigger another. If
there's an exceedance, the Air Pollution Control Division (APCD) and
the local government staff will develop appropriate contingency
measures intended to prevent or correct a violation of the PM₁₀
standard for the PM₁₀ maintenance area. APCD and local

[[Page 62214]]

government staff will consider relevant information, including
information about historical exceedances, meteorological data, the most
recent estimates of growth and emissions, and whether the exceedance
might be attributed to an exceptional event. The Steamboat Springs
maintenance plan indicates that the State will generally notify EPA and
local governments in the PM₁₀ maintenance area within 30
days of the exceedance, but no later than 45 days. The process for
exceedances will be completed within six months of the exceedance
notification.
If a violation of the PM₁₀ NAAQS has occurred, a public
hearing process at the State and local level will begin. If the
Colorado Air Quality Control Commission (AQCC) agrees that the
implementation of local measures will prevent further exceedances or
violations, the AQCC may endorse or approve of the local measures
without adopting State requirements. If, however, the AQCC finds
locally adopted contingency measures to be inadequate, the AQCC will
adopt State enforceable measures as deemed necessary to prevent
additional exceedances or violations. Contingency measures will be
adopted and fully implemented within one year of the PM₁₀
NAAQS violation. Any State-enforceable measures will become part of the
next revised maintenance plan, submitted to us for approval.
The Steamboat Springs PM₁₀ maintenance plan specifies
the following as potential contingency measures for the Steamboat
Springs area: Reinstating the 10 percent street sand reduction
requirement for State highways; increasing the Lincoln Avenue street
sweeping frequency from two to four times after each sanding event;
increased street sweeping requirements; road paving requirements; more
stringent street sand specifications; voluntary or mandatory
woodburning curtailment; bans on all woodburning; expanded, mandatory
use of alternative de-icers; re-establishing nonattainment new source
review permitting requirements for stationary sources; \2\
transportation control measures designed to reduce vehicle miles
traveled; or other emission control measures as deemed appropriate,
considering various factors.

f. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State of
Colorado is required to submit a revision to the maintenance plan eight
years after the redesignation of the Steamboat Springs area to
attainment for PM₁₀. This revision is to provide for
maintenance of the NAAQS for an additional ten years following the
first ten year period. Colorado committed, in the Steamboat Springs
redesignation request, to submit a revised maintenance plan, for each
area, to EPA eight years after the approval of the redesignation
request and maintenance plan.
v. Meeting Applicable Requirements of Section 110 and Part D of the CAA
In order for an area to be redesignated to attainment, section
107(d)(3)(E) requires that it must have met all applicable requirements
of section 110 and part D of the CAA. We interpret this to mean that,
for a redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to, or at the time
of, submitting a complete redesignation request. In our evaluation of a
redesignation request, we don't need to consider other requirements of
the CAA that became due after the date of the submission of a complete
redesignation request.

a. Section 110 Requirements

Section 110(a)(2) contains general requirements for nonattainment
plans. These requirements were met for Steamboat Springs with
Colorado's September 16, 1997 submittal for the Steamboat Springs
PM₁₀ nonattainment area. EPA fully approved the Steamboat
Springs PM₁₀ SIP on December 31, 1997 (62 FR 68188).

b. Part D Requirements

Before a PM₁₀ nonattainment area may be redesignated to
attainment, the State must have fulfilled the applicable requirements
of part D. Subpart 1 of part D establishes the general requirements
applicable to all nonattainment areas, subpart 4 of part D establishes
specific requirements applicable to PM₁₀ nonattainment areas.
The requirements of sections 172(c) and 189(a) regarding attainment
of the PM₁₀ NAAQS, and the requirements of section 172(c)
regarding reasonable further progress, imposition of Reasonably
Available Control Measures (RACM), the adoption of contingency
measures, and the submission of an emission inventory, have been
satisfied through our December 31, 1997 (62 FR 68188) approval of the
Steamboat Springs PM₁₀ SIP.
Although EPA's regulations (see 40 CFR 51.396) require that states
adopt transportation conformity provisions in their SIPs for areas
designated nonattainment or subject to an EPA-approved maintenance
plan, we have decided that a transportation conformity SIP is not an
applicable requirement for purposes of evaluating a redesignation
request under section 107(d) of the CAA. This decision is reflected in
EPA's 1996 approval of the Boston carbon monoxide redesignation. (See
61 FR 2918, January 30, 1996.)
We approved the requirements of the part D new source review (NSR)
permit program for the Steamboat Springs moderate PM₁₀
nonattainment area on December 31, 1997 (62 FR 68188). Colorado's
nonattainment area NSR permitting regulations were fully approved on
September 19, 1994 (59 FR 47807). Once the Steamboat Springs area is
redesignated to attainment, the prevention of significant deterioration
(PSD) requirements of part C of the CAA will apply. Colorado's PSD
regulations, which we approved as meeting all applicable Federal
requirements, apply to any area designated as unclassifiable or
attainment and, thus, will become fully effective in the Steamboat
Springs area upon redesignation of the area to attainment.

C. Have the Transportation Conformity Requirements Been Met?

Transportation conformity is required by section 176(c) of the CAA.
Our conformity rule requires that transportation plans, programs and
projects conform to SIPs and that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. On March 2, 1999, the United
States Court of Appeals for the District of Columbia Circuit issued a
decision in Environmental Defense Fund v. the Environmental Protection
Agency, No. 97-1637, that we must make an affirmative determination
that the submitted motor vehicle emission budgets contained in State
Implementation Plans (SIPs) are adequate before they are used to
determine the conformity of Transportation Plans or Transportation
Improvement Programs. In response to the court decision, we make any
submitted SIP revision containing an emission budget available for
public comment and respond to these comments before announcing our
adequacy determination. The criteria and process by which we determine
whether a SIP's motor vehicle emission budgets are adequate for
conformity purposes are outlined in 40 CFR 93.118(e)(4) and in the
guidance ``Conformity Guidance on Implementation of March 2, 1999
Conformity Court Decision,'' dated May 14, 1999.

[[Page 62215]]

In the Steamboat Springs maintenance plan, Colorado established a
new mobile source emissions budget of 21,773 lbs./day for the year 2015
and beyond. The new mobile source emissions budget for Steamboat Spring
is the total of the 2015 mobile source PM₁₀ emissions for
the area and includes emissions from vehicle exhaust, highways, paved
arterial and local roads, and gravel roads. EPA's approval of 21,773
lbs./day for Steamboat Springs as the budget for this area means that
the value must be used for conformity determinations for 2015 and beyond.
EPA sent a letter to the Colorado Air Pollution Control Division
(APCD) on September 25, 2002 stating that the motor vehicle emission
budgets that was submitted with the Steamboat Springs PM₁₀
maintenance plan is adequate. This finding has also been announced on
EPA's conformity Web site: http://www.epa.gov/otaq/transp/conform/
adequacy.htm. We documented our adequacy determination for Steamboat
Springs in the Federal Register on October 28, 2002 (67 FR 65789). The
budgets took effect on November 12, 2002 (15 days after our
announcement in the Federal Register).

D. Did Colorado Follow the Proper Procedures for Adopting This Action?

The CAA requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission.
Section 110(a)(2) of the CAA provides that each implementation plan
submitted by a State must be adopted after reasonable notice and public
hearing. Section 110(l) of the CAA similarly provides that each
revision to an implementation plan submitted by a State under the CAA
must be adopted by such State after reasonable notice and public hearing.
Colorado held a public hearing for the proposed rule changes on
November 15, 2001. The rulemaking was adopted by the Air Quality
Control Commission (AQCC) directly after the November 15, 2001 hearing
and was formally submitted to EPA by the Governor on July 31, 2002. We
have evaluated the Governor's submittal and have determined that
Colorado met the requirements for reasonable notice and public hearing
under section 110(a)(2) of the CAA.

III. Background

To implement our 1987 revisions to the particulate matter NAAQS, on
August 7, 1987 (52 FR 29383), we categorized areas of the nation into
three groups based on the likelihood that protection of the
PM₁₀ NAAQS would require revisions of the existing SIP. We
identified the Steamboat Springs area as a ``Group II'' area of
concern, i.e., areas where attainment of the NAAQS is uncertain and the
SIP may require only slight adjustment.
Pursuant to sections 107(d)(4)(B) and 188(a) of the Act, areas
previously identified as Group I (55 FR 45799, October 31, 1990) and
other areas which had monitored violations of the PM₁₀ NAAQS
prior to January 1, 1989 were, by operation of law upon enactment of
the 1990 Clean Air Act Amendments (Pub. L. 101-549, 104 Stat. 2399),
designated nonattainment and classified as moderate for
PM₁₀. Formal codification in 40 CFR part 81 of those areas
was announced in a Federal Register notice dated November 6, 1991 (56
FR 56694) (see also 57 FR 56762, November 30, 1992). All other areas of
the country were designated unclassifiable for PM₁₀ by
operation of law upon enactment of the 1990 Amendments (see section
107(d)(4)(B)(iii) of the Act). EPA redesignated and classified the
Steamboat Springs area as a PM₁₀ moderate nonattainment area
on December 21, 1993 (58 FR 67334) and fully approved the
PM₁₀ SIP for Steamboat Springs on December 31, 1997 (62 FR 68188).
EPA promulgated new standards for PM₁₀ on September 18,
1997. Areas were to be designated under the new PM₁₀
standard by July 2000. On May 14, 1999, the United States Court of
Appeals for the D.C. Circuit in American Trucking Associations, Inc. et
al., v. United States Environmental Protection Agency vacated the 1997
PM₁₀ standard. Because of the Court ruling, we are
continuing to implement the pre-existing PM₁₀ standard, and
are therefore approving redesignations to qualified PM₁₀
nonattainment areas. On July 31, 2002 the Governor of Colorado
submitted a request to redesignate the Steamboat Springs moderate
PM₁₀ nonattainment area to attainment (for the 1987
PM₁₀ NAAQS) and submitted maintenance plans for the areas.

IV. Consideration of CAA Section 110(I)

Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. As stated above, the Steamboat Springs area has shown
continuous attainment of the PM₁₀ NAAQS and has met the
applicable Federal requirements for redesignation to attainment. The
maintenance plan and associated SIP revision will not interfere with
attainment, reasonable further progress, or any other applicable
requirement of the CAA.

V. Statutory and Executive Order Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.

[[Page 62216]]

In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(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 December 27, 2004. 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, Incorporation by
reference, Intergovernmental relations, Particulate Matter, Reporting
and recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: September 9, 2004.
Patricia D. Hull,
Acting Regional Administrator, Region 8.

? 40 CFR parts 52 and 81, chapter I, title 40 are amended as follows:

PART 52--[AMENDED]

? 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

? 2. Section 52.320 is amended by adding paragraph (c)(101) to read as
follows:

Sec. 52.320 Identification of plan.

* * * * *
(c) * * *
(101) On July 31, 2002, the State of Colorado submitted a
maintenance plan for the Steamboat Springs PM₁₀
nonattainment area and requested that this area be redesignated to
attainment for the PM₁₀ National Ambient Air Quality
Standards. The redesignation request and maintenance plan satisfies all
applicable requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission, ``State Implementation
Plan--Specific Regulations for Nonattainment--Attainment/Maintenance
Areas (Local Elements),'' 5 CCR 1001-20, revisions adopted November 15,
2001, effective December 30, 2001 as follows: Section VIII., titled
``Steamboat Springs PM₁₀ Attainment/Maintenance Area'' and
supersedes and replaces all prior versions of Section VIII.

? 3. Section 52.332 is amended by adding paragraph (n) to read as follows:

Sec. 52.332 Control strategy: Particulate matter.

* * * * *
(n) On July 31, 2002, the State of Colorado submitted a maintenance
plan for the Steamboat Springs PM₁₀ nonattainment area and
requested that this area be redesignated to attainment for the
PM₁₀ National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfies all applicable
requirements of the Clean Air Act.

PART 81--[AMENDED]

? 1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

? 2. In section 81.306, the table entitled ``Colorado-PM-10'' is amended
by revising the entries under Routt County (part) for ``Steamboat
Springs'' to read as follows:

Sec. 81.306 Colorado.

* * * * *
Colorado.--PM-10
------------------------------------------------------------------------------------------
Designation Classification
Designated Area -----------------------------------------------------
Date Type Date Type
------------------------------------------------------------------------------------------

* * * * * * *
Routt County (part)--Steamboat November 24, 2004... Attainment.
Springs.
On the East--The Routt National
Forest.
On the South--The southern
border of sections 19, 10, 21,
T4N, R84W of the 6th P.M. and
the southern border of sections
23, 24, T4N, R85W of the 6th
P.M.

[[Page 62217]]

On the West--Beginning at the
southwestern corner of section
23, T4N, R85W of the 6th P.M.
North along the western border
of sections 23, 14, 11, T4N,
R85W. Thence, along the ridge
which bisects sections 35, 36,
25, 24, 13, 14, 11, 12, 1, T5N,
R85W, and sections 36, 25, 24,
T6N, R85W. Thence heading
northwest along the ridge which
bisects sections 23, 15, 10, 9,
4, T6N, R85W of 6th P.M.
Thence, heading northeast along
the ridge which bisects
sections 33, 34, 35, 36, 25,
T7N, R85W and sections 30 and
10 of T7N, R84W. Thence, north
along the N 1/2 of the western
edge of section 19, to the NW
corner of section 18, T7N,
R84W.
On the North--The northern
boundary of sections 16, 17,
18, T7N, R84W of 6th P.M.

* * * * * * *
------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 04-23840 Filed 10-22-04; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of Air Quality Implementation Plans; Colorado; Designation of Areas for Air Quality Planning Purposes, Steamboat Springs

Local Navigation