5 Colo. Code Regs. § 1001-20-II

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

Section 5 CCR 1001-20-II - Telluride Attainment/Maintenance Area

A.Implementation of Local Control Strategies

1. Town of Telluride

a. The Town of Telluride must implement and enforce Ordinance Number 829, Series 1988, as it exists on January 1, 1993. This ordinance will limit future growth in emissions from wood burning fireplaces and stoves and coal burning devices.

2. San Miguel County

a. San Miguel County must implement and enforce Resolutions #1986-20, #1990-33, and #1992-27, as they exist on January 1, 1993. These resolutions limit future growth in emissions from wood burning fireplaces and stoves and coal burning devices.

3. Recordkeeping Requirements

a. The Town of Telluride and San Miguel County must each retain records for 2 years that describe the implementation, tracking and enforcement of the local control strategies listed in 1.a. and 2.a. above. The reports must include information on permits, inspections, compliance, tracking, and enforcement activities in order to verify that the ordinances and resolutions have been implemented.

B.Street Sanding Requirements

1. Definitions

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

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

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

d. "Division" means the Colorado Department of Public Health and Environment, Air Pollution Control Division.

e. "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.

f. "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).

g. "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.

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

2. Specifications for Street Sanding Materials

a. Applicability

The provisions of this subsection shall apply to any user that applies any street sanding material within the Telluride Attainment/Maintenance area.

b. Standards for Quality for Street Sanding Materials

i. Beginning November 1, 1996, all street sanding material used within the Telluride Attainment/Maintenance area, whether new or recycled, shall equal or exceed a standard of less than 2 percent fines as defined in B.1.f above, and only such sanding material shall be used for street sanding operations and purposes.

ii. Alternative methods for achieving the 2 percent 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.

c. 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.

d. Testing Requirements

i. 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 in the Telluride Attainment/Maintenance area 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 B.2.b. The test results shall be provided to the purchaser upon delivery.

ii. 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.

iii. Reporting Requirements

Each user of street sanding materials in the Telluride Attainment/Maintenance area shall retain records for 2 years for the information described below. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division.

(a) A copy of all independent tests performed in accordance with Subsection B.2.d. above; and

(b) 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.

e. 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.Statement of Basis, Specific Statutory Authority and Purpose

1. August 17, 1995 revisions

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. 1973, Section 24-4-103(4) for adopted or modified regulations.

Section 172 of the Clean Air Act requires that control measures be adopted as part of nonattainment area state implementation plans. The Colorado Attorney General's Office has determined that any emission control measure for a nonattainment area must be adopted as a State regulation in order for the measure to be enforceable by the State of Colorado. Sections 25-7-105 and-109 of the Colorado Air Pollution Prevention and Control Act provide the specific statutory authority to adopt these emission control regulations.

Revisions to the "State Implementation Plan-Specific Regulations for Nonattainment Areas (Local Elements) Regulation", applicable to Telluride, requires revision to correct a mistake that was made when processing a previous revision that was adopted in October 1994. In 1994, the AQCC adopted a two percent standard for the amount of fine materials in street sand; a one percent standard was inadvertently filed with the Secretary of State and published in the Colorado Register. This rendered the October 1994 regulation unenforceable. The revisions also change the street sand standard's effective date from November 1, 1995 to November 1, 1996. This is necessary because all SIP revisions must now go to the Colorado legislature for review. To accommodate this review, the effective date must be after the 1996 legislative session.

These emission control measures were developed through a cooperative effort between the Town of Telluride, San Miguel County, the Colorado Department of Transportation, The Mountain Village Metropolitan District, and the Colorado Air Pollution Control Division. The submittal of these revisions to the AQCC demonstrates the commitment from local and State governments, and the citizens that they represent, to develop and implement control measures which improve the air quality in the metro Denver area and which comply with federal requirements.

2. 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-II