5 Colo. Code Regs. § 1001-20-I

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-20-I - Pagosa Springs Attainment/Maintenance Area

A.Definitions

1. "Deployment" means an episode where the roadways designated below are sanded.

2. "Street Sanding Materials" means natural geologic materials, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or paved areas.

3. "User" means any governmental entity, and any employee, official, representative, or agent of such governmental entity responsible for the application of street sanding materials and any person who contracts with such governmental entity for the purpose of applying street sanding materials to the designated roadways in the defined Pagosa Springs Attainment/Maintenance area.

4. "Division" means the Colorado Department of Health, Air Pollution Control Division.

5. "Governmental Entity" shall include, but not necessarily be limited to, the State of Colorado, Archuleta County, Town of Pagosa Springs, and the Colorado Department of Transportation.

6. "Independent Laboratory" means a facility capable of performing the tests specified in these regulations in a competent, professional, and unbiased manner with no financial, family, or personal connection to the supplier or user of street sanding materials.

7. "Percent Fines" means the percent material passing a #200 sieve as determined by the American Society for Testing Materials (ASTM) "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", designation C136-84a (1988) (American Association of State Highway and Transportation Officials designation T27-88).

8. "Recycled Street Sanding Materials" means previously used street sanding material that has been collected from roadways or paved areas and is then re-used as is, after washing, or after blending with new street sanding material.

9. "Street Sanding Materials" means natural geologic materials, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or paved areas.

10. "Base Sanding Amount" is the average amount of street sanding material applied per lane mile driven by maintenance trucks during snow and ice removal operations. The base-sanding amount shall be calculated using 1988 data. If reliable 1988 data is not available, another base year period may be used after approval by the Division.

B.Specifications for Street Sanding Materials

1. Applicability

The provisions of this subsection shall apply to any user that applies any street sanding material on Highway 160 and Highway 84 within the Pagosa Springs PM-10 Attainment/Maintenance area on or after December 1, 1993.

2. Standards for Quality for Street Sanding Materials.

a. All street sanding material used on the subject portions of Highway 160 and Highway 84, whether new or recycled, shall equal or exceed a standard of less than 1% fines as defined in I.A.7. above, and only such sanding material shall be used for street sanding operations and purposes.

b. Alternative methods for achieving the 1% fines standard described above must be submitted for approval to the Division and the United States Environmental Protection Agency (EPA) prior to ninety (90) days before the method is implemented.

3. Alternative Sanding Materials.

Experimentation with new street sanding materials may be approved by the Division and EPA provided that the impact of such experiments or tests does not contribute appreciably to air quality degradation.

4. Testing and Recordkeeping Requirements.

a. Prior to, or upon, delivery of street sanding materials, and prior to the use of any recycled street sanding material, suppliers of street sanding materials to be used on the subject portions of Highway 160 and Highway 84 shall have a test performed upon representative samples of the material by an independent laboratory to determine compliance with the standards of quality set forth above at Subsection I.B.2. The test results shall be provided to the purchaser upon delivery.

b. Alternative percent fines test procedures must be approved by the Division and EPA should they be determined to provide a measure that is equivalent to the test procedures set forth in this regulation.

c. Each user that uses street sanding materials shall maintain on file all reports received or prepared in accordance with these regulations for a period of two (2) years. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division. The report(s) shall include:

i. A copy of all independent tests performed in accordance with Subsection B.4. above; and

ii. The name and address of all suppliers of street sanding material along with a full description of the location of the supplier's aggregate pit from which all material was supplied.

5. Division Audit Authority.

The Division may enter the storage site of any user of street sanding material covered by these regulations at all times reasonable for the purpose of obtaining a sample of materials, inspecting the records required by this regulation or as otherwise allowed by statute.

C.Reduction in the Amount of Street Sand Applied

1. Applicability.

The provisions of this Section shall apply to any governmental entity and any employee, official, representative, or agent of such governmental entity responsible for applying street sanding material to Highway 160 and Highway 84 in the Pagosa Springs PM-10 Attainment/Maintenance area. The provisions of this Section shall also apply to any person who contracts with such governmental entity for the purpose of applying street sanding material to these roadways.

2. Requirements.

a. Each user shall establish and document its base-sanding amount. Documentation of the base-sanding amount shall be submitted to the Division by December 1, 1993.

b. By December 1, 1993, each affected entity shall submit to the Division a plan and implementation schedule describing the methods to be used to reduce the amount of street sanding materials applied by ten (10) percent from the base sanding amount for the 1993/94 and the 1994/95 sanding seasons.

c. By September 30, 1995, each affected entity shall submit to the Division a plan and implementation schedule describing the methods to be used to reduce the amount of street sanding

d. Materials applied by fifteen (15) percent from the base sanding amount for the 1995/96 sanding season and thereafter.

e. Beginning December 1, 1993, all measures set forth in the plans described in Sections I.C.2.a.-c. above must be implemented.

3. Recordkeeping.

a. Users of street sanding material covered by Section C.2. of this regulation shall maintain records for 2 years containing the following information for the preceding twelve months or the preceding calendar year:

i. the total number of miles driven by maintenance trucks during snow and ice removal operations;

ii. the total amount of sanding material (both new and recycled), salt, and other de-icing chemicals used;

iii. the number and dates of full deployment episodes; and

iv. the number of lane miles typically sanded during each full deployment.

D.Statement of Basis, Specific Statutory Authority and Purpose for Pagosa Springs

1. March 16, 2000

The amendments to the "State Implementation Plan Specific Regulations for

Nonattainment- Attainment/Maintenance Areas" adopted by the Commission establish control measures adequate to maintain the National Ambient Air Quality Standard (NAAQS) for particulate matter less than ten microns in diameter (PM-10) in Telluride and Pagosa Springs. The purpose of this rule change is to implement the associated changes to the "Ambient Air Quality Standards" for the State of Colorado to redesignate Pagosa Springs and Telluride as PM-10 attainment areas.

The revisions delete 1) obsolete road paving requirements for Pagosa Springs (the paving has been completed); 2) eliminate unnecessary street sanding reporting requirements for users of street sand in Telluride and Pagosa Springs areas, and 3) delete unnecessary mandatory contingency measures in the Telluride and Pagosa Springs areas. No additional control measures are needed in these areas to demonstrate long-term maintenance of the PM-10 NAAQS.

Federal Requirements

Sections 42 USC 7407(d)(3)(E) and 7505a require the State to submit a maintenance plan that will provide for maintenance of the standard for ten years in order to redesignate areas to attainment. The federal requirements for preparation, adoption and submittal of implementation plans, including the maintenance plan, are set out at 40 CFR, Part 51 . The maintenance plans adopted by the Commission must include the control measures necessary to maintain the national standard for PM-10 in Pagosa Springs and Telluride for the requisite ten-year period. The Commission has codified the control measures necessary to maintain the PM-10 NAAQS in order to comply with requirement of 42 USC 7410(a)(2)(A) for such measures to be enforceable.

The regulatory revisions do not include any provisions that are not necessary to maintain the NAAQS, or that are otherwise more stringent than requirements of the federal act.

Statutory Authority

Specific and general authority to control PM-10 emissions is set out at Sections 25-7-105(1) and 25-7-109(1) and (2), C.R.S. (1999).

Findings pursuant to Section 25-7-110.8

The control measures in the maintenance plan are calculated to maintain the PM-10 NAAQS for the requisite ten-year period. The estimates of PM-10 pollution associated with sand on streets and roads are based on EPA-approved models and assumptions. The Commission believes the EPA-approved model is inaccurate, but federal rules require the State to use such model to demonstrate the adequacy of the maintenance plan. In spite of the problems with the computer model used to develop the regulation, the regulation is based on the most reasonably available, validated, reviewed and sound scientific methodologies currently available under federal law. All methodologies and information made available by interested parties have been considered.

Evidence in the record supports the finding that the rule shall result in demonstrable reduction in particulate pollution. The record reflects that reducing sand on streets and roads will reduce particulate pollution.

The regulatory revisions adopted by the Commission are the most cost-effective means of maintaining the PM-10 NAAQS, and provide flexibility for the regulated community.

The regulatory alternatives selected by the Commission will maximize the air quality benefits of the regulation in the most cost-effective manner.

5 CCR 1001-20-I