5 Colo. Code Regs. § 1001-20-VIII

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

Section 5 CCR 1001-20-VIII - Steamboat Springs PM10 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 Steamboat Springs PM10 Attainment/Maintenance Area.

4. "Division" mean s the Colorado Department of Public Health and Environment, Air Pollution Control Division.

5. "Governmental Entity" shall include, but not necessarily be limited to, the State of Colorado, Routt County, the City of Steamboat Springs, and the Colorado Department of Transportation.

3. "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.

4. "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).

5. Reserved

B.Specifications for Street Sanding Materials

1. Applicability

The provisions of this subsection shall apply to any user that applies any street sanding material within the Steamboat Springs PM10 Attainment/Maintenance Area, except for U.S. Highway 40 from the junction of U.S. Highway 131 towards Rabbit Ears Pass.

2. Standards for Quality for Street Sanding Materials

a. All street sanding material used in the Steamboat Springs PM10 Attainment/Maintenance Area shall contain 2% or less fines as defined in VIII.A.7. above, and only such sanding material shall be used for street sanding operations and purposes.

b. Alternative methods for achieving the 2% fines standard described above must be submitted for approval to the Division and the 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 the EPA provided that the impact of such experiments or tests does not contribute appreciably to air quality degradation.

4. Testing Requirements

a. Prior delivery of street sanding materials, suppliers of street sanding materials to be used in the Steamboat Springs PM10 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 VIII.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 the EPA. Any such alternative test procedure will only be approved if they provide a measure that is equivalent to the test procedures set forth in this regulation.

5. Recordkeeping Requirements

Each user that uses street sanding materials shall maintain on file for a period of two (2) years the information described below. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division.

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

d. 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.

6. 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.Reserved

D.Street Sweeping Requirements for Lincoln Avenue

1. Applicability

The sweeping provisions of this subsection shall apply to the City of Steamboat Springs. The provisions of this subsection shall be applicable between December 1 and March 31 of each year.

2. Sweeping Requirements

The City of Steamboat Springs shall sweep the traffic lanes of Lincoln Avenue from 13th Street to Old Fish Creek Falls Road at least once each day after the roadway becomes free and clear of snow and ice following each sanding deployment, as weather and street conditions permit, until the City has swept the lanes at least two times.

3. Sweeping Equipment Required

Vacuum sweepers, or any other method of equal efficiency approved by the Division and the EPA, must be utilized to sweep Lincoln Avenue as set forth above at Section D.2.

4. Recordkeeping Requirements

The City of Steamboat Springs shall maintain records for a period of two (2) years to document the information described below. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division.

a. Date of sweeping operation;

b. Specific segments of Lincoln Avenue swept;

c. Type of equipment used;

d. Equipment malfunctions and downtime, if any;

e. Conditions of traffic lanes (dry, wet, snow packed, patchy ice, etc.); and

f. General weather conditions at time of sweeping operations.

E.Implementation of Local Control Strategies

1. City of Steamboat Springs

The City of Steamboat Springs shall implement and enforce Ordinance Number 1191 (1991), Ordinance Number 1148 (1990), Ordinance Number 1045 (1988), and Ordinance Number 977 (1987), as they exist on February 1, 1995. A copy of each ordinance is included in Appendix A to this regulation. These ordinances limit the number and type of solid fuel burning devices. In addition, the City of Steamboat Springs shall implement and enforce any ordinance in accordance with these regulations.

These ordinances may be amended in the sole discretion of the City Council of the City of Steamboat Springs, provided that they shall be submitted immediately to the Colorado Air Quality Control Commission and the EPA as revisions to the State Implementation Plan. Any amendments to these ordinances shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. These ordinances shall remain in full force and effect until such time as the City obtains full approval of a State Implementation Plan revision.

2. Routt County

Routt County shall implement and enforce Resolution Number 91-032 (1991), as it exists on February 1, 1995. A copy of this resolution is included in Appendix A to this regulation. This resolution limits the number and type of solid fuel burning devices. In addition, Routt County shall adopt and enforce any resolutions adopted in accordance with these regulations.

This resolution may be amended in the sole discretion of the Board of County Commissioners, provided that they shall be submitted immediately to the Colorado Air Quality Control Commission and the EPA as revisions to the State Implementation Plan. Any amendments to this resolution shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. Resolution Number 91-032 (1991) shall remain in full force and effect until such time as the County obtains full approval of a State Implementation Plan revision.

3. Recordkeeping Requirements

The City and County shall maintain records for a period of two (2) years that document compliance and enforcement activities in order to verify that the ordinances and resolutions have been properly implemented.

F.Statement of Basis, Specific Statutory Authority and Purpose for Steamboat Springs

November 15, 2001 Revisions

The November 15, 2001 amendments repeal the contingency measures for the Steamboat Springs area, which measures are no longer required by federal law because the area is being redesignated to an attainment area for particulate matter. Additionally, the rule change eliminates the 10% street sand reduction requirements for State highways and reduces the Lincoln Avenue street sweeping requirements from 4 times to 2 times after each sanding event . The more stringent requirements are no longer needed for demonstrating long-term attainment of the PM10 NAAQS. The rule change also repeals unnecessary reporting requirements. The reporting requirements have not proved useful in determining compliance with the regulation (reports have not always been submitted to the Division nor always requested/reviewed by the Division). Thus, the recordkeeping requirements and the Division audit authority have been determined as adequate for ensuring compliance with the regulation. Nothing in this rule change exceeds the minimum 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).

September 21, 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 Generals Office has determined that any emission control measure for a nonattainment area must be adopted as a s 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 this regulation applicable to Steamboat Springs, will result in PM10 emission reductions from woodburning and paved roads, and are described as follows:

1. Implementation of city and county woodburning restrictions;

2. Specifications for street sanding materials throughout the nonattainment area;

3. Reductions in the amount of street sand applied on state highways; and

4. Street sweeping/cleaning by the city on Lincoln Avenue in central Steamboat Springs.

These emission control measures were developed through a cooperative effort between the City of Steamboat Springs, Routt County, the Colorado Department of Transportation and the Colorado Air Pollution Control Division. The submittal of these revisions to the Commission 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 Steamboat Springs and which comply with federal requirements.

October 17, 1996 Revisions

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Administrative Procedures Act, Section 24-4-103 C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

Section 172 of the federal Clean Air Act requires that control measures and contingency 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.

The Steamboat Springs area is designated as nonattainment for fine particulate matter (PM-10). In the Steamboat Springs State Implementation Plan (SIP) Element (September 1995), the State of Colorado committed to adopt additional control measures that allow the area to demonstrate continued maintenance of the PM-10 National Ambient Air Quality Standards (NAAQS), and contingency measures that could be implemented in the future if the area fails to attain the PM-10 NAAQS by the required date. The State Implementation Plan-Specific Regulations for Nonattainment Areas has been revised to include these measures. Also, the Ambient Air Quality Standards for the State of Colorado regulation has been revised to reflect the correct name of the nonattainment area and to include emission budgets that are utilized in transportation planning efforts.

Authority

General authority for revising the Ambient Air Quality Standards... to change the name of the nonattainment area and to adopt the emission budgets is contained in the Colorado Air Pollution Prevention and Control Act, Section 25-7-105(1). General and specific authorities for revising the SIP-Specific Regulations... to adopt the emission control measures and the contingency measures are contained in Sections 25-7-105(1) , 25-7-106(1)(c), and 25-7-109(1) and (2).

Purpose

Administrative changes to the Ambient Air Quality Standards... regulation are as follows:

1. Revise the name of the nonattainment area from "Routt County" to "Steamboat Springs" ,

making the regulation consistent with the Steamboat Springs PM-10 SIP Element; and

2. Establish PM-10 mobile source emission budgets for Steamboat Springs modeling area for the periods "1999-2001" and "2002 and Beyond" for use in making transportation conformity determinations.

Paved road dust is a primary source of PM-10 emissions in the Steamboat Springs nonattainment area. Revisions to the SIP-Specific Regulations... to control paved road dust are as follows:

1. The previously adopted "one percent" specification for fine materials contained in street sand is changed to "two percent" . This change was originally requested by the City of Steamboat Springs in order to provide the City with the maximum flexibility for providing safe streets during winter driving conditions. This revision will increase PM-10 emissions, but the increase is more than offset by the street sweeping activities described below.

2. In order to show continued attainment and maintenance of the PM-10 National Ambient Air

Quality Standards (NAAQS), the City of Steamboat Springs must increase the frequency of street sweeping on Lincoln Avenue. Sweeping must occur at least once each day following each street sanding deployment (weather and road conditions permitting) until the City has swept Lincoln Avenue at least four times, instead of once after each sanding deployment as previously required. The City requested this increase in sweeping frequency in order to compensate for increased emissions that resulted from changing the street sand specification, and to provide emission reductions necessary to demonstrate continued maintenance with the PM-10 NAAQS.

3. Within two months following a determination that the Steamboat Springs nonattainment area has failed to attain the PM-10 NAAQS or show reasonable further progress, the City must sweep additional sections of Lincoln Avenue and all other City streets within a defined area of central Steamboat Springs within four days following each street sanding deployment (weather and road conditions permitting). This sweeping constitutes the federally-required contingency measures for the Steamboat Springs nonattainment area.

Findings

The Air Quality Control Commission makes the following findings pursuant to C.R.S., Section 25-7-110.8(1).

First, the rule revisions are based on reasonably available, validated, reviewed and sound scientific methodologies. The emission inventories that establish the emission budgets, and the monitoring, inventories, and dispersion modeling that indicate the need for control measures and their effectiveness in reducing PM-10 emissions, were developed/performed in accordance with published guidance from EPA. Monitoring activities in Steamboat Springs are conducted in compliance with the EPA regulations of 40 CFR Part 58 . Emission inventories were developed in accordance with EPA guidance found in "AP-42", the "SIP Development Guideline Document" , and the "Control of Open Fugitive Dust" document. Dispersion modeling using the "WYNDvalley" model was performed in accordance with EPA's "SupplementB to the Guideline on Air Quality Models".

Second, the street sweeping revisions to the SIP-Specific Regulations... shall result in a demonstrable reduction in air pollution due to the removal of street sand and background paved road dust from the streets. The amount of reductions relied upon in the SIP Element's attainment demonstration are supported by the EPA guidance documents cited above. The emission budgets in the Ambient Air Quality Standards... regulation will result in PM-10 emission reductions in the area by limiting growth from the mobile sources sector to 2002 levels (for the purposes of "transportation conformity" determinations- federal transportation conformity regulations of 40 CFR Subpart T). As a result, federally funded or approved projects will have to offset any additional growth in mobile source emissions.

Third, street sweeping is cost-effective in this case because the City is already conducting some of the sweeping in this rule. Other alternatives, such as alternative deicers and sand reduction plans, were not considered viable because of concerns about public safety during winter driving conditions. The potentially lower cost alternative of one percent fines was not adopted because the City of Steamboat Springs preferred this control measure.

Therefore, it is assumed that the street sweeping controls and the emission budget are the most cost effective alternative, and the rule revisions maximize air quality benefits in the most cost effective manner.

Federal Requirements

The adoption of control measures, contingency measures, and emission budgets are required by federal regulations, and the federal regulations allow the State flexibility in determining what the measures and budgets should be. These measures and budgets will be submitted to the EPA as a SIP revision. The rule amendments are not otherwise more stringent than the requirements of the federal Act.

5 CCR 1001-20-VIII