# STATE OF 

# COLORADO

Bill Ritter, Jr., Governor Martha E. Rudolph, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246·1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230·6928 TOO Line (303) 691·7700 (303) 692·3090 Colorado Department Located in Glendale, Colorado of

### PublicHealth http://www.cdphe.state.co.us andEnvironment
RECEIVED 

### March 31, 2010 U.S. EPA Region 8 RA's Offloo


### Carol Rushin Acting Regional Administrator US EPA Region VIII 1595 Wynkoop St. Denver, CO 80202
Dear Ms. Rushin:
The following actions are submitted to EPA for final approval and incorporation into the Colorado State Implementation Planpursuant to 40 CFR Part 51, Appendix V, 2.1 (a). Two copies ofthe materials needed for your review ofeach action are included with this letter.

• Colorado Springs Carbon Monoxide Maintenance Plan

- The Colorado Air Quality Control Commission (Commission) adopted a second ten-year maintenance plan for the Colorado Springs area using the Limited Maintenance Plan option. There were no revisions to the control measures in the plan.

• Greeley Carbon Monoxide Maintenance Plan

- The Commission adopted a secondten-year maintenance plan for the Greeley area using the Limited Maintenance Plan option. There were no revisions to the control measures in the plan.

• Pagosa Springs PM 10 Maintenance Plan

- The Commission adopted a second ten-year maintenance plan for the Pagosa Springs area. There were no revisions to the control measures in the plan, however, the mobile source emissions budget was reduced.

• Telluride PMI0 Maintenance Plan

- The Commission adopted a second ten-year maintenance plan for the Telluride area. There were no revisions to the control measures in the plan, however, the mobile source emissions budget was reduced.

• Common Provisions

- The Commission adopted a revision to the Common Provisions Regulation to revise the definitions of"negligibly reactive volatile organic compound" and "volatile organic compound" (VOC) in Section 1.G. to be consistent withthe federal definitions for these terms.

### Carol Rushin March 3 1, 20I0 Page 2

• Interstate Air Pollutant Transport State Implementation Plan

- the Commission adopted a proposal to revise the interstate transport element ofthe State Implementation Plan to address outstanding issues that the US EPA had identified with plan previously adopted by the Commission.
We look forward to your timely review and approval ofthis request. The office ofthe Colorado Air Quality Control Commission may submit any additional teclmical suppOli documentation or information that you may need for review directly to the EPA. Should there be any questions regarding these materials, please contact the Commission office at 303-692-3478. Thank you.

MmihaE. Rudolph**c~** 

### Executive Director Colorado Depmiment ofPublic

Health and Environment

cc. Paul Tourangeau Doug Lempke Mark Komp

# Telluride PMIO Maintenance Plan including the Ambient Air Quality Standards
ADMINISTRATIVE MATERIALS
Copies ofthe following administrative materials are included in this submittal ofrevisions to Telluride PMI0 Maintenance Plan including the Ambient Air Quality Standards. Hearing held on November 19,2009.

• Hearing Notice and Proposed Language as Published in the CCR 40 CFR Part 51 Appendix V

### 2.1 (f)


### • Meeting Agenda where Public Hearing Occurred and Notice published in the Legal Ads ofthe Denver Post 40 CFR Part 51 Appendix V2.1 (f)


### • Procedural Documents ofthe Commission (this includes the Agenda Item Control Sheet, the Memorandum ofNotice, the Economic Impact Analysis) • Parties Hearing Documents (this includes a list ofthe parties, the parties prehearing statements and rebuttal statements, and any orders by the Commission

- - do not include all the attachments from the parties) • Revised Proposed Language and State Implementation Plan Elements • Technical Support Document 40 CFR Part 51 Appendix V2.2 • Public Comments 40 CFR Part 51 Appendix V2.1(h) • Adopted Statement ofBasis, Specific Statutory Authority and Purpose • Adopted Language by the Commission (in redline & 

### footer noting adoption date and page numbers) • State Implementation Plan Element Adopted by the Commission 40 CFR Part 51 Appendix V

### 2.1(d) • Colorado Air Quality Control Commission Meeting Minutes 40 CFR Part 51 Appendix V

### 2.1 (g)


### • Legal Opinion ofthe Colorado State Attorney General 40 CFR Part 51 Appendix V 2.1(c) and (e) • Regulation or Regulation Revisions as Published in the Colorado Code of Regulations 40 CFR Part 51 Appendix V2. 1(b)

# Hearing Notice as Published on the Commission Website
40 CFRPart 51 Appendix V 2.1(f)

# STATE OF COLORADO

Bill Ritter. Jr.. Governor James B. Marlin. Executive Director
DedicatedtoprotectingandImprovmg the health andenVironment o/thepeople o/Colorado COLORADOAIR QUALITY CONTROL COMMISSION http://www.cdphe.slate.co.us EOO-AQCC-A5 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Phone (303) 692-3100 Colorado Department Fax (303) 691-7702 ofPublic Health TOO (303) 691-7700 and Environment 

## NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO AIR QUALITY CONTROL COMMISSION Regarding proposed revisions to: 

## Ambient Air Quality StandardsRegulation, the SIP Specific Regulation and the Telluride PMIO Maintenance Plan SUBJECT: The Air Quality Control Commission will hold a public rulemaking hearing to consider revisions to the PM10 maintenance plan for Telluride

.. This is the second oftwo lO-year plans that are required by the Clean Air Act. The Division is proposing to revise the Ambient Air Quality Standards regulation to modify the mobile source emissions budget.


### FEDERAL REQUIREMENTS: The federal act requires the adoption ofa second 1O-year maintenance plan to demonstrate long term compliance with the National standard. Aproposed Statement ofBasis, Specific Statutory Authority, and Purpose and a regulatory analysis (ifone has been requested) will be available for inspection no later than five (5) days prior to the hearing. The proposed language for the rule revision is attached to and made a part ofthis notice. 

### HEARING SCHEDULE: DATE: November 19,2009 TIME: 9:00 AM PLACE: Colorado Department ofPublic Health & 

### Environment 4300 Cherry Creek Drive South, Sabin Conference Room Denver, Colorado 80246
The hearingmay be continuedatsuchplaces andtime as the Commission may announce. Interestedparties may contact the Commission Office at 303-692-3476 to confirm meetmgdates andtimes.

### PUBLIC COMMENT: The Commission encourages all interested persons to provide their views either orally at the hearing or in writing prior to or at the hearing. The Commission especially solicits comments and analyses from persons who will incur directly some cost or benefit from the proposed revisions. Public testimony will be taken as close to the start ofthe hearing as possible and during the hearing as necessary. Written and/or electronic submissions prior to the hearing are requested to allow review prior to presentation at the hearing. Written and/or electronic submissions should be mailed to the Commission Office at least 14 days priorto the hearing.
PARTY STATUS: In orderto obtain party status at the hearing, compliance with several requirements as defined in the Commissions Procedural Rules is necessary. A petition for party status must be filed by electronic mail with the Office ofthe Air Quality Control Commission no later than close of business on September 15,2008. The petition must: 1) identify the applicant,' 

### 2)provide the name, address, telephone and facsimile numbers, andemailaddress of the applicants representative, and3) brieflysummarize what, if any, policy,factual, andlegal issues the applicant has wah theproposal(s) as of the time offilingthe application. 

### Electronically mailed copies must also be received, by this same date, by the Division staffperson and the Assistant Attorneys General representing the Division and the Commission identified below. Any person may petition the Commission to file documents in paper copy format ifthey are unable for any reason to not comply with the requirements of 1.3.8(2) ofthe Commissions Procedural Rules. An 

### original and a specified number ofpaper copies must be filed in the Office ofthe Air Quality Control Commission, Colorado Department ofPublic Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246.
Individuals may also obtain party status through the submittal ofan initial alternative rule to the proposed rule. The submittal ofan alternative proposal must be accompanied by an electronic copy ofthe initial alternative proposed rule and all other associated documents as required by the Commission's procedural rules and must be filed by electronic mail with the Office ofthe Commission by the date specified for party status requests. Initial alternative rules must also be filed by electronic mail with the Division staffperson and with each ofthe Assistant Attorneys General.
Air Quality Control Commission Air Pollution Control Division Theresa L. Martin Chris Dann EDO-AQCC-A5 APCD-Bl 4300 Cherry Creek Drive South 4300 Cherry Creek Drive South Denver, CO 80246 Denver, CO 80246 Theresa.Martin@state.co.us Chris.Dann@state.co.us Jerry Goad Thomas Roan Attorney for the Commission Attorney for the Division Attorney General's Office Attorney General's Office 1525 Sherman St., 5th 

### Floor 1525 Sherman St., 5th 

### Floor Denver, CO 80203 Denver, CO 80203 Jerry.Goad@state.co.us Tom.Roan@state.co.us

### Requests received beyond the above stated deadline shall only be considered upon a written motion for good cause shown. The Commissionreserves the right to deny party status to anyone that does not comply with the Commission's procedural rules.


### STATUS CONFERENCE: A status conference will be held 

### September 18th at 10:00 a.m., at the Department ofPublic Health and Environment to ascertain and discuss the issues involved, and to ensure that parties are making all necessary efforts to discuss and resolve such issues prior to the submission of prehearing statements. Attendance at this status conference is mandatory for anyone who has requested party status. 

### PREHEARING CONFERENCEIPREHEARING STATEMENTS: Attendance at the prehearing conference is mandatory for all parties to this hearing. A prehearing conference will be held 

### October20,2009 at2:30 p.m. in the Commission Offices at 4300 Cherry Creek Drive South, Denver. All parties must submit by electronic mail a preliminary prehearing statement to the Commission Office by close ofbusiness 

### October 14, 2009. In addition, electronically mailed copies ofthese documents must be delivered by that date to all persons who have requested party status. A copy ofthe prehearing statement must also be electronically mailed to the Division point ofcontact and each ofthe Assistant Attorney's General identified above by close ofbusiness 

### October 14,2009. Any revisions to the prehearing statement mustbe submitted to the Administrator ofthe Commission at the prehearing conference and by electronic mail to the Commission Office on the day ofthe prehearing conference. Any exhibit included in the prehearing statements will be electronically mailed to individual Commissioners for review prior to the hearing, provided the party files electronic copies ofsuch exhibit. Rebuttals to the prehearing statement may be submitted to the Commission Office and all other parties by close ofbusiness 

### October27,2009. EXCEPTIONS TO FILE DOCUMENTS BY ELECTRONIC MAIL: The Commission's Procedural Rules provide for an exception to file documents by electronic mail. Ifgranted an exception to electronic filing pursuant to the provisions of 1.3.8(3) ofthe Commissions Procedural Rules, the applicant for party status shall file an original and fifteen copies ofthe prehearing statement in the Office ofthe Air Quality Control Commission, and shall also deliver copies to each other party, applicant for party status, the Assistant Attorneys General representing the Commission and Division, and the Division staffperson for the proceedings, by electronic mail or as otherwise provided by the exception granted under Subsection 1.3.8(3), by that same day.

### STATUTORY AUTHORITY FOR THE COMMISSION'S ACTIONS: 

### The Commission proposes these regulatory changes pursuant to its authority under Sections 25­ 7-105(1) and 25-7-109(1) and (2), C.R.S. The rulemaking hearing will be conducted in accordance with sections 24-4-103 and 25-7-110, C.R.S., as amended, the Procedural Rules of the Commission and as otherwise stated in this notice. This list ofstatutory authority is not intended as an exhaustive list ofthe Commission's statutory authority to act in this matter. Dated this 25th day ofAugust 2009 at Denver, Colorado

Colorado Air Quality Control Commission

Douglas A. Lempke, Administrator

### DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Air Quality Control Commission
AMBIENT AIR QUALITY STANDARDS 5 CCR 1001-14
V. Emission Budgets for Attainment/Maintenance Areas in the State of Colorado 

### V.A. Budgets
V.A.1 The following MotorVehicle Emission Budgets shall be utilized to assess the conformity of Transportation Plans, TIPs, and where appropriate, ProJects. for the applicable periods and geographic areas Indicated:

Denver Attainment/Maintenance Area (Modeling Domain) PM10: 2015 through 2021 54 tons/day; 2022 and beyond: 55 tons/day Nitrogen OXides: 2015 through 2021 70 tons/day; 2022 and beyond: 56 tons/day Trading provISions: Trading of PM10for NOx, or NOx for PM1 0to adjust emiSSion bUdgets for purposes of demonstrating transportation conformity shall be allowed uSing the emiSSion trading formula as follows: For trades necessary to Increase a primary PM10 bUdget, 15.0 tons/day of NOx will be taken from the NOx budget to Increase the primary PM10 budget by 1.0 tons/day, a ration of 15 to 1 For trades necessary to Increase a NOx budget, 1.0 tons/day of primary PM 10 will be taken from the primary PM 10 bUdget to Increase the NOx budget by 12.0 tons/day, a ratio of 1 to 12. Implementation oftrading prOVISions: In the event the MPO cannot demonstrate consistency with the specific PM10 and NOx mobile source emiSSion bUdgets, the trading prOVISions may be utilized only after the MPO has considered all reasonably available local control measures to meet the bUdgets. The MPO must demonstrate the need for trading through the usual consultation procedures for state Implementation plan development delineated In Section IV (F) of AQCC Regulation Number 10, Criteria for AnalySIS of Conformity Iftrading IS utilized, the MPO shall Include the following Information In the transportation conformity determination:(1 ) The budget for pnmary PM10 and NOx for each required year ofthe conformity determination, before trading IS employed; (2) The portion ofthe onglnal budget to be used to supplement a wanting budget, for each required year for the conformity determination; (3) The Increased budget that results from trading, along with relevant calculations, and (4) the resulting pnmary PM10 and NOx budgets for each required year ofthe conformity demonstration. The MPO shall then compare projected emiSSions to the adjusted PM10 and NOx motor vehicle emiSSion budgets to demonstrate conformity
Ozone Precursors (attalnmenUmalntenance Denver Attainment Maintenance Area area boundary) NOx 2002 and beyond 134 tpsd VOC 2002 and beyond 119 tpsd (tpsd 

## = tons per summer day) Carbon MonOXide (attalnmenUmalntenance area boundary) 2013 through 2020: 1625 tons/day; 2021 and beyond: 1600 tons/day
Denver Metro Area/North Front Range Regional Emissions Budgets NOx: 122.9 tons/day VOCs: 109.2 tons/day Southern Sub-Regional Emissions Budgets NOx: 102.4 tons/day VOCs: 89.7 tons/day Northern Sub-Regional Emissions Budgets NOx: 20.5 tons/day VOCs: 19.5 tons/day 8-Hour Ozone Nonattalnment Area

Aspen (Modeling Area) PM10_2015 and Beyond: 16,244Ibs./day
Canon City EM.1Q.2020 and Beyond: 1,613 Ibs./day PM10_2015 and Beyond: 7,534Ibs./day

PM10_2021 and Beyond: 946lbs./day

PM102015 and Beyond: 21,773Ibs./day

PM102Q4.2-2021 and Beyond: 4-Q,O(»t108 Ibs./day Lamar (Modeling Area) Pagosa Springs (Modeling Area)
Steamboat Spnngs

(Modeling Area)
Tellunde (Modeling Area)Longmont Attainment/Maintenance Area Carbon Monoxide 2010 through 2014: 43 tons/day 2015-2019: 43 tons/day 2020 and Beyond: 43 tons/day
Carbon Monoxide 2010 and Beyond: 531 tons/day

Carbon Monoxide 2005 through 2009: 99 tons/day2010 through 2014: 98 tons/day2015 and Beyond: 94 tons/day
Carbon Monoxide 2005 through 2009: 63 tons/day2010 through 2014: 62 tons/day2015 and Beyond: 60 tons/day Colorado Springs Attainment/Maintenance Area
Ft. Collins Attainment/Maintenance Area Greeley Area Attainment/Maintenance Area

V.A.2. Geographic Coverage
Unless otherwise specified, the geographic coverage of each ofthe area Motor Vehicle Emissions Budgets shall be the nonattalnment or attainment maintenance area as defined In the respective state Implementation plans.
V.A.3. The Motor Vehicle EmiSSions Budget for PM1 0 applies to total primary PM10 emissions, Including emiSSions from tailpipe exhaust, unpaved roads (except for the Denver PM10 nonattalnment area), re-entralned road dust and street sand. It does not Include precursor or secondary emiSSions, WhiCh, where appropriate, are covered under separate budgets.
V.A.4. Effective Dates
V.A.4.a.Denver Carbon Monoxide
The 1,520 tons per day (2013 and beyond) carbon monoxide emiSSion bUdget established In Section V.A.1 shall take effect as a matter ofstate law when such bUdget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,520 tons per day budget takes effect pursuant to this section and 40 CFR Section 93.118, the carbon monoxide emiSSion bUdgets for the Denver CO attainment/maintenance area shall be 800 tons per day (2002 and beyond).
V.A.4.b. Colorado Springs Carbon Monoxide
The 531 tons per day carbon monoxide emiSSion budget established In Section V.A.1 shall take effect as a matter ofstate law when such budget takes effect as a matter of federal law pursuant to 40 CFR Section 93.118. Until such time as the 531 tons per day bUdget takes effect pursuant to this section and 40 CFR Section 93.118, the carbon monoxide emiSSion budget for the Colorado Springs CO attainment/maintenance area shall be 270 tons per day (2001 and beyond).
V.A.4.c. Reserved V.A.4.d. Reserved V.A.4.e.Aspen PM10The 16,244 pounds-per-day PM 10 emiSSion budget established In Section V.A.1 shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 16,244 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM 10 emiSSion budget for the Aspen PM 10 NonattalnmentArea shall be 13,974 pounds-perday
V.A.4.f. Pagosa Springs PM10
The 946 pounds-per-day PM10 emiSSion budget established In Section V.A.1 shall take effect as a matter of state law when budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 946 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM10 emiSSion budget for the Pagosa Springs PM1 0 attalnmenUmalntenance area shall be 7,486 pounds-per-day V.A.4.g.Canon City PM10
The 1,.-t-613 pounds-per-day PM 10 emiSSion bUdget established In Section V.A.1 shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,613 pounds-per-day budget takes effect pursuant to this section and 40 CFR s§ection 93.118, the PM 10 emission budget for the Canon City PM 10 attalnmenUmalntenance area shall be 7,439 pounds-per-day
V.A.4.h.Lamar PM10
The 7,534 pounds-per-day PM 10 emiSSion budget established In Section V.A.1 shall take effect as a matter of state lawwhen such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 7,534 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM10 emiSSion budget for the Lamar PM1 0 Nonattalnment Area shall be 1,884 pounds-perday
V.A.4.1. Steamboat Springs PM10
The 21,773 pounds-per-day PM 10 emiSSion budget established In Section V.A.1 shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 21,773 pounds-per-day budget takes effect pursuant to thiS section and 40 CFR Section 93.118, the PM10 emiSSion budget for the Steamboat Springs PM 10 NonattalnmentArea shall be 20,682 pounds-per-day
V.A.4.L TellUride PM10
The 1,108 pounds-per-day PM1 0 emiSSion budget established In Section V.A.1 shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,108 pounds-per-day budget takes effect pursuant to thiS section and 40 CFR Section 93.118, the PM1 0 emission budget for the TellUride PM10 Attainment Area shall be 10,001 pounds-per-day (2012 and beyond). VIII. Statements of Basis, Specific Statutory Authority and Purpose VIII.Y Telluride PM10Adopted November 19, 2009
The amendments to the "Ambient Air Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emissions bUdgets for the TellUride PM10 attainment area. Federal Requirements Nothing In this rule change exceeds the minimum requirements of the federal act. Statutory Authority
The authority to establish emissions bUdgets and to establish criteria for transportation conformity determinations IS Included In the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1), C.R.S. (2001). Findings pursuant to Section 25-7-110.8
The mobile source emiSSions bUdgets are based on EPA's MOBILE6 emISSions model and EPAapproved methods for calculating fugitive dust emiSSions as regUired by federal regulations. All methodologies and Information made available by Interested parties have been conSidered. The emISSions budgets reduce the potential for air pollution by capping emissions from mobile sources. In adopting thIs rule, the Commission chose the most cost-effective alternative. Further, these reVISions will Include any typographical, grammatical and formatting errors throughout the regUlation.

# Meeting Agenda where Public Hearing Occurred and Notice published in the Legal Ads ofthe Denver Post
40 C·FR Part 51 Appendix V 2.1(f)

# STATEOF COLORADO

Bill Ritter, Jr., Governor James B. Martin, Executive Director COLORADOAIR QUALITY CONTROL COMMISSION http://www.cdphe.st3Ie.co.us 4300 Cherry Creek Drive South OED-OLRA-A5 Denver, Colorado 80246-1530 Phone (303) 692-31 00 Colorado Department Fax (303) 691·7702 ofPublic Health TDD (303) 691-7700 and Environment 

# Notice ofMeeting and Agenda Air Quality Control Commission November 19,2009 Colorado DepartmentofPublic Health & Environment 4300 Cherry CreekDrive South, Sabin Room Denver, Colorado


## 1:00 p.m.

Call to Order: Determination ofa Quorum 

### Approval ofMinutes: ReviewlApproval ofthe October 17, 2009 meeting min Air Quality Control Commission. utes ofthe



### Public Comment: The public is invited to comment on any air pollution is the agenda. The Commission will not take action discussed under this agenda item today; however, item scheduled for further discussion or action. sue on s m not on issues ay be


### Agenda Review: The Commission Administrator will review the meeting and discuss any proposed revisions to the agenda for the Commission's consideration. agenda

REQUEST FOR PUBLIC HEARINGS DECEMBER 

### 17, 2009 

### 1. DenverRegional Council ofGovernments (DRCOG) Conformity (l0 minutes presentation, 10 minutes discussion) The DRCOG will request that the Commission hold a public hearing in December for its anticipated Transportation Conformity findings regarding the 2035 Regional Transportation Plan and the 2008/2013 

### TIP.RULEMAKING HEARINGS 

### 2. Pagosa Springs PMIO Maintenance Plan Revision (10 minutes presentation, 10 minutes discussion) The Division will present to the Commissionrevisions to the PM 10 maintenance plan for Pagosa Springs. This is the second oftwo lO-years plans that are required by the Clean Air Act. The Ambient Standards and the SIP Specifics regulations will require revisions. 

### 3. Telluride PMIO MaintenancePlan Revision (10 minutes presentation, 10 minutes discussion) The Division will present to the Commission revisions to the PM10 maintenance plan for Telluride. This is the second oftwo 10-years plans that are required by the Clean Air Act. The Ambient Standards and the SIP Specifics regulations will require revisions.
BRIEFINGS, DISCUSSIONS AND REpORTS 

### 4. Regulation Number 9: Smoke ManagementProgram (20 minutes presentation, 20 minutes discussion) The Division will provide the annual update to the Commission on the projected costs for the Smoke Management Program. Program costs are not currently projected to cause a change to in the annual fees assessed to those covered by the program. 

### 5. Coordinating the Development ofPlans for Regional Haze/OzonelRocky Mountain National Park (10 minutes presentation, 25 minutes discussion) The Commission and Division will discuss the requirements for each ofthese programs and how individual program proposals will be developed in a coordinated fashion to avoid unnecessary regulatory overlap or duplication and provide for the efficient consideration, adoption and implementation ofeachproposal. The Commission and Division will discuss the steps necessary to complete the requirements for each program and the relative timing to develop the proposals.


### 6. Commissioner InformationalItems Commissioners will discuss among themselves activities that they have participated in over the past month that they believe other Commissioners and/or members ofthe public may be interested in hearing about.


### 7. Division Director's Report

- Paul Tourangeau Monthly activities report 

### 8. Attorney General's Report

- Jerry Goad Update ofany recent court actions on air quality issues 

### 9. Administrator's Report

- Doug Lempke • December meeting agenda items review • Review ofAction Items from Today's Commission Meeting • Status ofPending Action Items Adjourn



### 2

## 6:00 p.m.

Public Service Company
- Cherokee Station

Renewal ofthe Title V Operating Permit
The Commission will hold a public comment hearing pursuant to the request ofthe WildEarth Guardians, Clean Energy Action and the Sierra Club and the provisions of§25-7-114.5 Colorado Revised Statutes to consider the renewal ofthe Title V Operating Pennit for the Public Service Company's Cherokee Coal-Fired Electric Generating Station located at 6198 Franklin Street in Denver, Colorado. §25-7-114.5 Colorado Revised Statutes provides an opportunity for the applicant orinterested parties to request a public hearing before the Commission to elicit and record the comment ofany interested person regarding the sufficiency ofthe preliminary analysis and whether the pennit(s) should be approved or denied. The draft operating pennit(s) and preliminary analysis can be viewed at the Office ofthe Adams County Clerk and Recorder at 450 South 4th 

### Avenue, Brighton, Colorado, 80601, Phone: 303-654-6026 during regular business hours or at the offices ofthe Colorado Department ofPublic Health and Environment, Air Pollution Control Division at 4300 Cherry Creek Drive South, Glendale, Colorado 80246. This infonnation is also available on the Department ofPublic Health and Environment's website at http://www.cdphe.state.co.us/ap/airpublicnotices.html

3

## The Denver NewspaperAgency DENVER, CO
PUBLISHER'S AFFIDAVIT 

### City and County ofDenver, STATE OF COLORADO. 88

.

....... , "ean Birch beln. oflawful a.e and beln. flrwt duly .wom upon oath, depo.e. and .aya:
That he/.he I. the Legal Advertising Reviewer of The DenverNew.paperA.ency, publl.herofthe Denver Po.t, dally new.paperof .enera' circulation pUbll.hed and prlnted In whole orIn part In Denver, In the County of Denver and State of Colorado, and that .ald newspaperwa. prlorto and durln. all the time herelnatter mentioned duly qualified for the publication ofle.al notice. and advertl.ement. wtthln the Meanln. ofan Act**l'I1CIitii:"'ell'd~ilfilie.ti:olilwtlirih'leili'1i\lis** ofthe General As.embly ofthe State ofColorado, approved Aprll 7, "2', a. amended and approved March 30, 11231 and a.

## ~;;.~t~i;..~it;~;*twlil.K~td. "the following I'

. ";**.~ ~:'iF.~**  '\**;;;~~1t~~,.; ~,,,,.**  amended and approved March 5, "35, entitled "An Act Concemlng . ' Legal Notice., Advertl.ement. and Publication. and the fee. of 009 prlnte" and publl.herw thereof, and to repeal all act. and part. ofact. In conflictwtth the proYl.lon ofthl. Act- and amendment. thereto:

That the notice, ofwhich the annexed I. a true copy, wa. publl.hed In the .ald**n/7'fap:~to** -.:t: (date. ofpublication)



## ..........**~.~f.-2, ~.1.**  

# .



# ....· ..· · ..9··· 7'/ " .



# ..................**~~d.** 

# . Signature

­

Sub.crlbed and .wom to before me thl•••••• 12 ••••• day

Of ••• October ••• A.D!OO•• • 

## C' , ,


# ......... J-;

.. , t Notary Public. My comml••lon expire•••••• September 14, 2013 ••••• I

# Procedural Documents ofthe Commission

- Agenda Item Control Sheet

- Memorandum ofNotice

- Economic Impact Analysis (initial and final)

### - 

## - COLORADO AIR QUALITY CONTROL COMMISSION AGENDA ITEM CONTROL SHEET 

### Item Title Proposed Telluride PM1 0 Attainment/Maintenance Plan revision Meeting date November 19. 2009

TYPES OF ACTION NON-HEARING ACTIONS REQUESTFOR HEARING HEARING 

### Administrative

_Public Rulemaking 

## lL Public Rulemaking



### -

_ Briefing Informational Informational

_ Policy

_ Area Designations

RECOMMENDED ACTION 

### _Adoption 

## .K. Approval Denial



## - MOTION 

## .K. Required Attached

_ Not applicable



### -
STATUTORY AUTHORITY 

### General 25-7-105 Specific 25-7-106, -107, -109 -302

EPA SUBMITTAL 

### Is this issue considered a SIP revision? Yes X No Which SIP? Telluride PM10 Date of EPA submission deadline: 06-15-09

11/2/09 Agenda Item Control Sheet Telluride PM10

### ISSUE STATEMENT: The Division is requesting that the Commission a proposed revision for the Telluride PM 10 attainment/maintenance area. Approvals ofthe associated documents have been obtained from the Town ofTelluride, the Town of Mountain Village and San Miguel County, and are included with this document. The documentation shows that the Telluride area will continue to attain the PM10 National Ambient Air Quality Standard through 2021, and has neverviolated the PM10 NAAQS. No additional control measures are required forthe Telluride area to comply with the standard. By accounting for anticipated growth, it is projected that the Telluride area will demonstrate maintenance ofthe PM10 NAAQS through the year 2021 with a 24-hour concentration ofapproximately 127 micrograms per cubic meter (the NAAQS is 150 

## ug/m\
This revision satisfies the federal requirement for showing attainment/maintenance for the second ten-year period after redesignation to attainment/maintenance. No additional revisions ofthe Telluride attainment/maintenance plan are anticipated. If future changes in mobile source models or other unforeseen considerations raise potential issues with maintaining the PM10 standard, the State will address the need to revise the attainment/maintenance plan at that time.

Please note that this attainment/maintenance plan was to be submitted to EPA by June 15, 2009 (which is 8 years after EPA's approval ofthe initial redesignation request and maintenance plan, as required by the CAA). Although the Telluride PM10 Attainment/Maintenance Area Plan update is late, no adverse environmental or administrative impact has occurred.



### Agenda Item Control Sheet Telluride PMI0 11/2/09

### ATTACHMENTS:

1. Proposed Telluride PM10 AttainmenUMaintenance Plan revision

2. Technical Support Document

- Emission Inventory

3. Final Economic Impact Analysis

4. Ambient Standards Regulation

5. Presentation Slides

6. Town of Telluride Letter of Concurrence

7. Town of Mountain Village Letter of Concurrence

8. San Miguel County Letter of Concurrence

SIGNATURES:



### Date

Date 

# f**7b~(t--ue1rh** 104 Date

Agenda Item Control Sheet Telluride 

### PMIO 11/2/09

## MEMORANDUM OFNOTICE
Date: August 4, 2009
To: Interested Parties Subject: Revisions to the Air Quality Control Commission's "AmbientAirQuality Standards" Regulation in SupportofRevisions to the Telluride PMIO Maintenance Plan

GENERAL DESCRIPTION
The Air Pollution Control Division (Division) proposes this rulemaking package with the intent of revising the Colorado "Ambient Air Quality Standards" regulation, specifically to revise the PMlO emission budget for the Telluride AttainmentlMaintenance Area. Nothing in this rule change exceeds the minimum requirements ofthe federal act. 

### RULEMAKING PACKAGE
Attachments to this memorandum provide details on the proposal as follows:

• Attachment A: The actual language ofthe proposed revisions to the "Ambient Air Quality Standards" regulation;

• Attachment B: 

### A statement describing the initial economic impact analysis ofthe proposed revisions to the "Ambient Air Quality Standards" regulation;

• Attachment C: The Revised PMl0 

### Maintenance Plan for the Telluride AttainmentlMaintenance Area

• Attachment D: Technical Support Document

- EmissioIls Inventory 

### EXPLANATION OFTHE PROPOSED RULES Adoption ofthe revised Telluride Maintenance Plan and the above-mentioned Ambient Air Quality Standards regulation revisions would establish a revised PM10 emission budget for the Telluride area. The Division requests approval and adoption ofthe revised maintenance plan and the proposed regulation revisions as part ofthe State Implementation Plan (SIP). 

### MATERIALS TO BE INCORPORATED BY REFERENCE IN THE PROPOSED RULES
There are no materials to be incorporated by reference in the proposed rule revisions. M.O.N.

-- 1

### PUBLIC MEETINGS
You are invited to review these materials and presentwritten or oral comments to the Division in accordance with the following:
Date: (3rd week after publication ofproposed rule in the Colorado Register)
Time: 8:00 a.m. - 5:00 p.m. Place: 4300 Cherry Creek Drive South, Denver, CO 80246
Deadline for Submittal ofWritten Comments: October I, 2009 Christopher Dann is lead Division stafffor the Telluride areaPMl0 Maintenance Plan revision process. Following the close ofthe public commentperiod, 

### Mr. Dann will prepare a Division Response to Public Comments that summarizes all public comments received, that discusses options for addressing the concerns, and makes recommendations from the Division for each issue. The Air Quality Control Commission (AQCC) will receive a copy ofthe Division Response to Public Comment and all written comments submitted to the Division.
The AQCC will hold a public hearing onNovember 19,2009. Interested parties may request meetings with Division staffthree (3) weeks prior to the AQCC public hearing regarding this matter. To schedule a meeting, please contact Christopher Dann, who will make arrangements for a meeting regarding this proposed rulemaking.
Ifyou wish to be kept advised ofthese proceedings and/or receive a copy ofthe Division Response to Public Comments, you may request that your name be plac'ed onthe mailing list for this rulemaking proposal by contacting Christopher Dann at the following address: Christopher Dann Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3281 Fax: (303) 782-5493 E-mail: christopher.dann@state.co.us 

### BACKGROUND ON DEVELOPMENT OFTHE PROPOSED RULES
What are theproblems?
The Air Pollution Control Division is submitting a 2009 revised maintenance plan for the Telluride area as required by the U.S. EPA to assure attainment for a second lO-year period beyond the initial maintenance period. The initiallO-yearmaintenance period extended from the June 2001 date when EPA approved the initial redesignation request and the associated attainment maintenance plan. The second 10-yearperiod extends to 2021. M.O.N.

-- 2

### There are no known specific time constraints exceptthatthese regulatory revisions are directly associated with, and are companionto, the IO-year maintenance plan update.
RANGE OF REGULATORY ALTERNATIVES AND THE NO-ACTION ANALYSIS
No competing or alternative control measures were rejected when compiling these proposed revisions as no new controls are being proposed. By taking no action there would not be a second IO-year maintenance plan for the area as required by federal law.

JUSTIFICATION FOR DIFFERING FROM FEDERAL REQUIREMENTS
The proposed rules meet all requirements applicable to the area as required by federal regulation and the Clean AirAct. The proposed rules do not differ from orexceed the federal requirements.

M.O.N. --4

### As part ofthe 2009 revised maintenance plan, a new PM10 emissions budget has been established for transportation conformity.
How do theproposedrules help solve the problems?
The proposed changes to the Ambient Air Standard assign an updated emissions budget for transportation conformity using the latest emissions inventory data. This updated emissions budget is also reflected in the revised PM10 Maintenance Plan for Telluride. Nothing in these rule changes exceeds the minimum requirements ofthe federal act. 

### RULES' EFFECTS ON PUBLIC, REGULATED COMMUNITY, AND OTHERAGENCIES
The proposed emission budget reflects the latest estimate ofemissions. The establishment ofa budget will impactthe planning offederally funded/approved highway plans and projects and could require the implementation ofmitigation efforts in order to comply with the emissions budget cap. No direct costs to the public are anticipated by establishing the emission budget. 

### RELATIONSHIP TOFEDERALAND ADJACENT STATE REQUIREMENTS
Federal Requirements
The revision to the emission budget conforms to federal regulation.
AdjacentState Requirements
The revisions to the Ambient Air Quality Standards regulation are in conformance with the same federal requirements affecting attainment/maintenance areas in the adjacent states.



### IMPLEMENTATION OFTHE RULES
The revised emission budget will be implemented through conformity determinations made under the transportation conformity regulations.


### TIME CONSTRAINTS
The proposed rule changes are to be completed in 2009 in order for the state to submit a Telluride SIP revision to EPA in a timely manner to show attainment for the second 10-yearterm. In accordance with CAA 176A(b) it is required that a maintenance planrevision be submitted to the EPA within eight years after the original redesignation (which was on June 15,2001) to address maintenance ofthe standard for a second 10-yearperiod beyond redesignation.

M.O.N.

-- 3

### FINAL ECONOMIC IMPACT ANALYSIS 

### Per C.R.S. 25-7-110.5
Revisions to the "AmbientAir Quality Standards" Regulation 

### November 19, 2009

The revisions to the Telluride PM10 maintenance plan revise the PM10 emission budget in the Ambient Air Quality Standards regulation. The rule changes should not result in an increase in costs to industry, the public orthe Air Pollution Control Division. The updated emission budget does not impose direct costs on any party, but may affect the manner in which transportation funds are allocated and expended. The emission budget applies to transportation agencies such as the town ofTelluride and the Colorado Department ofTransportation, but do not impose any direct costs on these agencies. Rather than increasing costs, the emission budget may change the mix of projects eligible for transportation dollars.

# Parties Hearing Documents (this includes a list ofthe parties, the parties prehearing statements and rebuttal statements, and any orders by the Commission)

## RECEIVED 

# OCT 14 l009

BEFORE THE AIR QUALITY CONTROL COMMISSION STATE OF COLORADO AIROUALm' COffOO.CCUtllSSlOfI:



### PREHEARING STATEMENT OF COLORADO DEPARTMENT OFPUBLIC HEALTH AND ENVIRONMENT, AIR POLLUTION CONTROL DIVISION


### REGARDING AMBIENT AIR QUALITY STANDARDS REGULATION, SIP SPECIFIC REGULATION AND THE TELLURIDE AND PAGOSA SPRINGS PM10 MAINTENANCE PLANS

The Colorado Department ofPublic Health and Environment, Air Pollution Control Division ("Division") submits the following Prehearing Statement in this matter:
EXECUTIVE SUMMARY

The Division is proposing revisions for the Pagosa Springs and Telluride PMl0 AttainmentlMaintenance Area Plans. The Division is unaware ofany parties to these actions. Neither Pagosa Springs norTelluride has violated the PMl0 National Ambient Air Quality Standard (NAAQS) in the past 10 years. Pagosa Springs recorded one exceedance ofthe standard in 2000. Telluride has had no exceedance. No additional control measures are required for Pagosa Springs orTelluride to maintain the standard. The Division projects that both towns will continue to attain the PM 10 NAAQS through 2021, with Pagosa Springs at a concentration ofapproximately 146 micrograms per cubic meter, compared with the NAAQS of 150 micrograms per cubic meter, and Telluride at 127 micrograms per cubic meter. This revision would satisfy the federal requirement for showing attainment for the second ten-year period after redesignation to attainment/maintenance. The proposed changes to the Ambient Air Standard aSSIgn an updated emISSIOns budget for transportation conformity using the latest emissions inventory data. This updated emissions budget is also reflected m the revised PMl0 Mamtenance Plans. The DiVIsion has concluded that these actions would result in no increased cost for the regulated industry, the public orthe DiVISion. This proposal is supported by the Towns ofPagosa Spnngs, Tellunde, Mountain Village and San Miguel County.

STATEMENT OF FACTUAL AND LEGAL ISSUES
The DiVision is aware ofno Issues.

### WITNESSES
1. Curt Taipale, Colorado Department ofPublic Health and Environment, Air Pollution Control Division. Mr. Taipale may testify regarding the Pagosa Springs plan.
2. Chris Dann, Colorado Department ofPublic Health and Environment, Air Pollution Control Division. 

### Mr. Dann may testify regarding the Telluride plan.
3. Other employees ofthe Colorado Department ofPublic Health and Environment, Air Pollution Control Division may, ifnecessary due to scheduling or availability, replace the witnesses listed above. Ifthe above witnesses are unavailable to testify, the Division will notify the Commission ofany replacement witness as soon as possible.

EXHIBITS The Division has no exhibits at this time.

DATED 

### this 14th 

### day ofOctober, 2009.

JOHN W. SUTHERS Attorney General

HO A. ROAN, 30867* Assistant Attorney General Environmental Quality Natural Resources and Environment Section Attorneys for AIR POLLUTION CONTROL

DIVISION
1525 Shennan Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5280 *Counse! ofRecord

# Revised Proposed Language and State Implementation Plan Elements

# Revised PM10 Attainment/_Maintenance Plan Telluride Attainment/Maintenance Area

CONTACT INFORMATION

Colorado Air Quality Control Commission 4300 Cherry Creek Drive South 

### ColoradoDepartment Denver, CO 80246 

### ofPublicHealth

(303) 692-3476 

### andEnvironment Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246

(303) 692-3100

## TABLE OF CONTENTS Chapter 1, Introduction, is provided as background information only and is notto be construed to be part ofthe federally-enforceable State Implementation Plan.
Chapter 2, Continued Maintenance of the PM10 NAAQS, describes the PM 10 monitoring network and demonstrates with monitored data the continued maintenance ofthe PM1 0 NAAQS. Chapter 3, Attainment/Maintenance Plan, presents the emissions inventories, control measures and other requirementsto ensure maintenance ofthe PM10 standard through the year 2021. This submittal demonstrates maintenance ofthe PM 10 standard for the 2nd 

### ten-year period beyond 2000, the yearthe Colorado Air Quality Control Commission approved the PM10 Redesignation Request and Maintenance Plan for the Telluride area (EPA formally redesignated Telluride to attainment in 2001).

Telluride PM1 0 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 1

## Chapter 1: Introduction
The State of Colorado is submitting to the U.S. Environmental Protection Agency (EPA), in accordance with CAM Section 176A(b), a revised PM10 Attainment/Maintenance Plan for the Telluride Attainment/Maintenance Area -that demonstrates continued attainment/maintenance of the 24-hour PM 10 National Ambient Air Quality Standard (NMQS) through 2021. The Telluride area was redesignated to attainment status by the EPA (66 FR 32556) on June 15, 2001 (effective date, August 14, 2001). Colorado submitted a redesignation request and attainment maintenance plan on May 10, 2000. The plan demonstrated attainment/maintenance ofthe PM10 NMQS through 2012 in accordance with CAM Section 176A(a). This attainment/maintenance plan, which is being submitted for inclusion in the State's federally-enforceable State Implementation Plan (SIP), provides for maintenance ofthe national standard for PM10 in the Telluride area through 2021. 

### Colorado Air Quality Control Commission
The Colorado Air Quality Control Commission (AQCC) is a regulatory body with responsibility for adopting air quality regulations consistent with State statute. This includes the responsibility and authority to adopt State Implementation Plans (SIPs) and their implementing regulations. The Commission takes action on SIPs and regulations through a public rule-making process. The Commission has nine members who are appointed by the Governor and confirmed by the State Senate. 

### National Ambient Air Quality Standards for PM1 0
In 1971, the EPA set National Ambient Air Quality Standards (NMQS) for several air pollutants, including total suspended particulates (TSP), defined as particles with an aerodynamic diameter of less than 40 microns. In 1987, the EPA changed the particulate matter standard to include only those particles with an aerodynamic diameter of less than or equal to 10 microns (commonly referred to as PM10). The current PM10 NMQS allow for a maximum 24­ hour average of 150 ug/m 3

. The 24-hour PM10 NMQS may not be exceeded more than once per year on average over three years. An annual average of 50 micrograms per cubic meter (ug/m 3) was revoked by the EPA in 2006 due to a lack of evidence linking long-term exposure to health problems. There are both primary and secondary air quality standards. The primary standards are set to protect human health, with a margin ofsafety to protect the more sensitive persons in the population, such as the very young, elderly and the ill. Secondary standards are set to protect property, materials, aesthetic values and general welfare. For PIVl1 0, the national primary and secondary standards are the same. The numerical levels ofthe standard are subject to change, based on new scientific evidence summarized in air quality criteria documents. In general, demonstrating attainment requires collecting representative air monitoring data and using approved measuring instruments and procedures, with adequate quality assurance and quality control. The three most recent years are examined, during which the average annual number of exceedances must be less than or equal to one. Telluride PM1 0 AttainmenUMaintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 2Air quality measurements in the Telluride area satisfy this requirement, as shown in Section 2 "Attainment ofthe PM10 standard." 

### Telluride Nonattainment Area Classification History
Because of observed problems with air particles, monitoring oftotal suspended particulates (TSP) began in 1973, and continued through 1987. In 1987, based on relatively high TSP levels, the Telluride area was designated by the EPA as a "Group I" nonattainment area of concern, Le., an area with a strong likelihood ofviolating the PM10 NAAQS. In 1990, the Telluride area was designated a "moderate" nonattainment area pursuant to section 107(d)(4)(B) of the CAAA.
The first PM 10 SI P Element was adopted by the AQCC in July 1988. The emission controls included road paving and coal/woodburning restrictions. EPA Region VIII intended to approve the SIP Element, though it eventually was rejected once the CAA was amended in 1990 and new, more stringent requirements were in place. A new Telluride area SIP Element was adopted by the AQCC in January 1993 and supplemented in November 1993. The control measures included the paving and woodburning measures from the 1988 SIP Element and new road paving contingency measures. EPA partially/conditionally approved the SIP Element on September 19, 1994 (59 FR 47807). The Telluride area was redesignated to attainment status effective August 14, 2001, after the EPA approved the PM10 Redesignation Request and Maintenance Plan. 

### Telluride PM10 Attainment/Maintenance Area
The boundaries for the Telluride/Mt:-Mountain Village/San Miguel County PM10 attainment/maintenance area are defined by Air Quality Control Commission as follows: The area begins at the intersection of Colorado State Highway 145 and the Telluride service area boundary, as it existed in 1991. At Remine Creek, the attainment/maintenance boundary follows the service area boundary for 9.65 miles to the eastern edge of the area, continuing to follow the 9,200 foot contour line. The boundary then intersects Bear Creek. Here the attainment/maintenance boundary diverges from the service area boundary (9,200 foot contour line). The attainment/maintenance boundary continues in a west, southwest direction for 0.92 miles from the intersection ofthe 9,200 foot contour line and Bear Creek to the top of ski lift number 9 in the Telluride Ski Area at an elevation of about 11,900 feet. The boundary then shifts and runs in a north-westerly direction for 0.83 miles from the top of lift 9 to the top of lift 7, which is located at an elevation of 10,490feet. From the top of lift 7, the boundary continues in a northwesterly direction for 0.5 miles to the intersection of lift 3 with the 10,000 foot contour line. The boundary follows the 10,000 foot contour line in a south, south-west direction for 3.2 miles, until it intersects Skunk Creek. Here the boundary diverges from the 10,000 foot contour line and follows Skunk Creek in a northerly direction for 2.25 miles. At the intersection of Skunk Creek and Colorado State Highway 145, the boundary leaves the creek and follows Highway 145 in a northerly direction until it meets the service area boundary as it existed prior to changes adopted in 1991.

Telluride PM1 0 AUainmenUMaintenance Plan Revision 11/2/09 Telll:Jride Maintenance Plan Update


### 3This area essentially includes the Town ofTelluride, the Town of Mountain Village, and portions of San Miguel County, which are within the Telluride airshed. A map illustrating the area boundary is shown in Figure 1. 

### Figure 1. Map ofthe Teliuride/Mt.Mountain Village/San Miguel County Attainment/Maintenance Area

ITelluride PM-10 Attainment Area I L-- -"

Major Roads 05 2 Miles
, I [ - HIGHWAYS I I**DeSignatlon-Boundanes** CITIES 

# o COUNTIES

• POint Sources

- Local Roads

-

Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 4

## Continued Attainment of the PM10 Standard Chapter Two presents the most recent five years (2004-08) of monitored data, and shows that Telluride area has maintained attainment of the standard since the redesignation was approved. 

## Attainment/Maintenance Plan Chapter Three contains the core elements EPA has established as necessary for approval of maintenance plans: 1. Description of the control measures for the maintenance period 2. Emission inventories for current and future years 3. Maintenance demonstration 4. Mobile source emissions budget 5. Approved monitoring network 6. Verification of continued attainment 7. Contingency plan 8. Subsequent maintenance plan revisions

Telluride PM10 AttainmenUMaintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 5

## CHAPTER 2: CONTINUED MAINTENANCE OF PM10 NAAQS
Attainment of the 24-hour PM10 NMQS, which is 150 micrograms per cubic meter (ug/m 3) of PM 10 in ambient air (based on a 24-hour averaging time forthe measurement) is demonstrated when the average annual number of expected exceedances is less than or equal to one. The following information demonstrates, as required by Section 107(d)(3)(E) of the Clean Air Act, that the Telluride area continues to attain the national 24-hour standard for PM1 

### O. This demonstration is based on quality assured monitoring data. 

## PM10 Monitoring
PM10 ambient air monitoring in the Telluride area consists of one station at 333 West Colorado Avenue. This section shall not be construed to establish a monitoring network in the federallyenforceable SIP. EPA has already approved a monitoring SIP for the State of Colorado and this description ofthe PM 10 monitoring network shall not be construed to amend such monitoring SIP. 

## Monitoring Results and Attainment Demonstration
The monitoring data presented below verifies that the Telluride area is attaining the 24­ hour PM1 0 NMQS, in accordance with the federal requirements of40 CFR Part 58. The threeyear average of expected values greater than 150 ug/m 3 ppm is less than or equal to one. Summary data are shown in the following table. Figure 2. Monitored PM10 Values 

### 24-hol..lr maximum 

## PM10 values micrograms per cubic meter**(u~/m3)** 

### (PM10 NAAQS 

## = 150 ug/m )

333 W. Colorado Ave. 

## I 2001 

## I 59 

## I 2002 167 

## ·1 2003 197 12004 172 T2005 170 . 12006 169 12007 177 12008 182 

## Quality Assurance Program
PM10 monitoring data for the Telluride area have been collected and quality-assured in accordance with 40 CFR, Part 58, Appendix A, EPA's "Quality Assurance Handbook for Air Pollution Measurement Systems, Vol. 11; Ambient Air Specific Methods", the APCD's Standard Operating Procedures Manual, and Colorado's Monitoring SIP which EPA approved in 1993. The data are recorded in EPA's AIR QUALITY SYSTEM (AQS) and are available for public review at the APCD and through EPA's AQS database.

Telluride PM10 AttainmenUMaintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 6

## CHAPTER 3: ATTAINMENT/MAINTENANCE PLAN
This attainment/maintenance plan is a SIP revision and provides for maintenance ofthe relevant NMQS in the area for the ten-year period through 2021. The EPA has established the core elements listed below as necessary for approval of attainment/maintenance plans:

• Description ofthe control measures for the maintenance period • Emission inventories for current and future years • Maintenance demonstration • Mobile source emissions budget • Approved monitoring network • Verification of continued attainment • Contingency plan • Subsequent maintenance plan revisions 

## Attainment/Maintenance Plan Control Measures
Control Measures Included in the Attainment/Maintenance Plan The Telluride area will rely on the control programs listed below to demonstrate maintenance of the 24-hour PM1 0 standard through 2021. No emission reduction credit has been taken in the attainment/maintenance demonstration for any other current State or local control programs and no other such programs, strategies, or regulations shall be incorporated or deemed as enforceable measures for the purposes ofthis maintenance demonstration. The attainment/maintenance plan takes credit for the following federally-enforceable control measures, which, except where otherwise noted, are included in the SIP: Federal fuels and tailpipe standards and regulations Credit is taken in this attainment/maintenance plan for current federal regulations concerning motor vehicles, fuels, small engines, diesels, and non-road mobile sources. While credit is taken for these federal requirements, they are not part ofthe Colorado SIP. 

### Wood burning
Air Quality Control Commission Regulation NO.4 covers wood stoves, conventional fireplaces and woodburning on high pollution days, as approved by EPA as part of the federal SIP in 1997. This maintenance plan makes no changes to Regulation NO.4. All ofthese requirements remain effective, until they are removed or revised by a future SIP revision.

Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 7Stationary Sources Emissions from stationary sources of pollution are regulated by several Air Quality Control Commission Regulations: 1) Regulation NO.1 regulates emissions of particulates, smoke, sulfur dioxide, and nitrogen oxides and establishes limits on these pollutants from covered sources. Sections I-IV, Sections VI-IX, and Appendices A and B are already included in the approved SIP. This maintenance plan incorporates the regulatory limits in calculations of maximum allowable emissions for stationary sources. No additional revisions are made to Regulation No. 1 as part of the maintenance plan revision. 

### 2) Regulation NO.3 lays out provisions ofthe State of Colorado's stationary source permitting program. Parts A and B of Regulation No.3 are already included in the approved SIP. Part C implements the federal operating permit program and this reference to Part C of Regulation NO.3 shall not be construed to mean that these regulations are included in the SIP. 3) Regulation NO.6 implements the federal standards of performance for new stationary sources. This maintenance plan makes no changes to this regulation. This reference to Regulation NO.6 shall not be construed to mean that these regulations are included in the SIP. 4) The Common Provisions Regulation contains general provisions applicable to all emissions sources in Colorado. This maintenance plan makes no changes to this regulation. The emission inventories for stationary sources supporting the maintenance demonstration have followed all relevant EPA rules and guidance documents for calculating such emissions. As an attainment/maintenance area since August 14, 2001, the State and federal attainment PSD permitting requirements remain in effect in the Telluride area. This program requires the application of Best Available Control Technology when constructing new or modified major stationary sources.

Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 8

## Emission Inventories
This section presents emission inventories for the attainment/maintenance plan. All ofthe inventories were developed using EPA-approved emission modeling methods and updated transportation and demographics data. The**PM~maintenance** planPM1 0 attainment/maintenance plan Technical Support Document contains detailed information on model assumptions and parameters for each source category. Figure 3. Emission Inventories 

### PM10 Emission Inventory (PM 10 Pounds Per Day).**~rea** and Mobile Sources Source Category 2007 2015 2021 Agriculture 5.39 5.39 5.39 Commercial Cookino 23.35 30.17 35.29 Construction 270.66 349.68 408.94 Fuel Combustion 0.14 0.18 0.22 Highway Vehicles 6.99 6.69 6.46 Non-Road 50.54 65.29 76.36 Paved Road-Dust 367.72 491.61 584.53 Structure Fires 0.22 0.28 0.33 Unpaved Road-Dust 324.98 434.47 516.59 Woodburning 234.71 303.22 354.6'1 TOTAL 1284.70 1686.99 1988.71

Telluride PM1 0 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 9

## Maintenance Demonstration
This attainment/maintenance plan provides for maintenance of the NAAQS through the year 2021. Because there have never been exceedances ofthe annual standard in the Telluride area, an analysis for maintenance ofthe annual standard was not prepared. Protection ofthe 24­ hour standard should be sufficient to protect the annual standard since the 24-hour standard has always been the standard of concern. A design day concentration of 82 

### ug/m3 has been selected as a conservative value that represents the highest 24-hour maximum PM10 value recorded in the Telluride area between 2006-2008. This 82 

### ug/m3 concentration occurred on March 28, 2008. No reduction for background values has been taken into account for the design day value, making the 82 

### ug/m3 a conservative estimate of PM10 ambient air concentrations in the Telluride area, meaning that the design value likely overstates the actual amount of PM1 O. The emissions inventory data presented in this report is used to determine the growth in PM10 emissions from the 2007 base year to the 2021 maintenance year. The emissions inventory shows an increase in PM10 from 1,285 pounds per day in 2007 to 1,989 pounds per day in 2021. This represents an increase of 54.79 percent in emissions: '1,989/1,285 =1.5479, or 54.79 percent. The design day concentration of 82 

### ug/m3 of PM 10 is then increased 54.79 percent to "roll forward" to the 2021 attainment year. This roll-forward modeling shows a 2021 concentration of 126.9 

### ug/m3 : 82 

### ug/m3 x 1.5479 = 126.9 

### ug/m3
Since 126.9 

### ug/m3 is below the 150 

### ug/m3 standard, maintenance is demonstrated through 2021.


## Emissions Budget for PM10
Federal "transportation conformity" regulations provide for the use of mobile source emission budgets in making conformity determinations in the area. The emission budget serves as a ceiling on mobile source emissions that federally funded or approved transportation projects must comply or "conform" with. This maintenance plan establishes an emission budget for the area of 1,989 pounds of PM10 per day for 2021 and beyond for the Telluride area. This budget is the total ofthe 2021 mobile source PM10 emissions presented in the Figure 3 table above, which includes emissions from vehicle exhaust and road dust. This budget has been adopted in the AQCC's "Ambient Air Quality Standards for the State of Colorado" regulation. Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 10

## Monitoring Network I 

## Verification of Continued Attainment
The APCD will continue to operate an appropriate air quality monitoring network of NAMS and SLAMS monitors in accordance with 40 CFR Part 58 to verify the continued attainment of the PM10 NMOS. Annual review ofthe NAMS/SLAMS air quality surveillance system will be conducted in accordance with 40 CFR 58.20(d) to determine whether the system continues to meetthe monitoring objectives presented in Appendix D of40 CFR Part 58. The State will also track and document measured mobile source parameters (e.g., vehicle miles traveled, congestion, fleet mix, etc.) and new and modified stationary source permits. Ifthese and the resulting emissions change significantly over time, the APCD will perform the appropriate studies to determine 1) whether additional and/or re-sited monitors are necessary and 2) whether mobile and stationary source emission projections are on target.

Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 11

## Contingency Provisions
Section 175A(d) ofthe CM requires that the maintenance plan contain contingency provisions to assure that the State will promptly correct any violation ofthe PM 10 NMOS standard which occurs after redesignation to attainment. Attainment/maintenance areas are not required to have preselected contingency measures, just a list of measures that could be considered for future implementation. The contingency plan must also ensure that the contingency measures are adopted expeditiously once the need is triggered. The primary elements of the contingency plan are: 1) the list of potential contingency measures; 2) the tracking and triggering mechanisms to determine when contingency measures are needed; and 3) a description ofthe process for recommending and implementing the contingency measures. The triggering ofthe contingency plan does not automatically require a revision ofthe SIP, nor is the area necessarily redesignated once again to nonattainment. Instead, the State will normally have an appropriate amount oftime to correct the violation by implementing one or more contingency measures as necessary. In the event that violations continue to occur after contingency measures have been implemented, additional contingency measures will be implemented until the violations are corrected. Potential Contingency Measures Section 175A(d) of the CM requires the attainment/mMaintenance j2Plan to include as potential contingency measures all ofthe control measures contained in the SIP before redesignation which were relaxed or modified through the attainment/mMaintenance j2P-lan. For the Telluride area, there were no control measures relaxed or modified.
The State may evaluate potential strategies in order to address any future violations in the most appropriate and cost-effective manner possible. Potential measures appropriate for the Telluride area include, but are not limited to:

o Increased street sweeping requirements o Expanded, mandatory use of alternative de-icers o More stringent street sand specifications o Road paving requirements o Woodburning restrictions oRe-establishing new source review permitting requirements for stationary sources o Other emission control measures appropriate for the area based on the consideration of cost-effectiveness, PM10 emission reduction potential, economic and social considerations, or other factors that the State deems appropriate.

Telluride PM10 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 12Tracking and Triggering Mechanisms Tracking
The primary tracking plan for the Telluride area consists of continuous PM10 monitoring by APCD as described above. APCD will notify**EPA,~** the**AOCC,~** the Colorado Department of Transportation (CDOTt and the governments for the Town ofTelluride

...... government the Town of Mountain Village and San Miguel County of any exceedance ofthe 24-hour NMOS within 45 days of occurrence. Triggering Contingency Measures
An exceedance ofthe 24-hour PM 10 NMOS may trigger a voluntary, local process by the Town ofTelluride, the Town of Mountain Village, San Miguel County and APCD to identify and evaluate potential contingency measures. However, the only federally-enforceable trigger for mandatory implementation of contingency measures shall be a violation ofthe NMOS. Specifically, the three-year average ofexpected exceedances at a monitoring site would have to be greater than 1.0for a violation to occur. Process for Recommending and Implementing Contingency Measures The State will move forward with mandatory implementation of contingency measures under the SIP if a violation ofthe PM 10 NMOS occurs. No more than 60 days after being notified by the APCD that a violation ofthe 24­ hour PM10 NMOS has occurred, the Town ofTelluride, the Town of Mountain Village, and San Miguel County, in coordination with the APCD, AOCC and COOT will initiate a process to begin evaluating potential contingency measures. The AOCC will then hold a public hearing to consider the contingency measures recommended by the Town ofTelluride, the Town of Mountain Village, San Miguel County, APCD and COOT along with any other contingency measures the Commission believes may be appropriate to effectively address the violation. The necessary contingency measures will be adopted and implemented within one year after a violation occurs. 

## Subsequent Attainment/Maintenance Plan Revisions
The previously approved attainment/maintenance plan addressed the period through 2012. The purpose ofthis attainment/maintenance plan revision is to provide for maintenance of the PM10standard for an additional period through 2021. No additional revisions ofthe PM10 Attainment/Maintenance Plan are anticipated at this time. Iffuture changes in mobile source models or other unforeseen considerations raise potential issues with maintaining the PM1 0 standard, the State will address the need to revise the attainment/maintenance plan at that time.

Telluride PM1 0 Attainment/Maintenance Plan Revision 11/2/09 Telluride Maintenance Plan Update


### 13

# Technical Support Document

40 CFR Part 51 Appendix V 2.2

# PM10 Attainment/Maintenance Plan Telluride

Technical Support Document Emission Inventory

November 19,2009 

### Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246Colorado Department ofPublic Health and Environment/ Air Pollution Control Division



# Table of Contents
1. EMISSION INVENTORY METHODOLOGY 1
2. 2007 EMISSION INVENTORY SUMMARY 2
3. 2015 EMISSION INVENTORY SUMMARy 3
4. 2021 EMISSION INVENTORY SUMMARy

.4
5. REFERENCES 5

PMIOAttainment/Maintenance Plan/or Telluride

- Techmcal Support Document

- EmissIOn Inventory 11119/09 iiColorado Department ofPublic Health and Environment/ Air Pollution Control Division



## 1. Emission Inventory Methodology The Air Pollution Control Division (APCD) developed the 2007 and 2021 emission inventories in the Revised PM 1

### 0 AttainmentlMaintenance Plan for the Telluride AttainmentlMaintenance Area using

# u.s. Environmental Protection Agency (EPA) approved emissions modeling methods, including EPA's MOBILE6 model and local VMT data for on-road mobile source emissions, EPA's non-road model, local demographic infonnation for area and off-road sources, and reported actual emissions for point sources. Estimates for future emissions are based on the abovementioned tools and the EPA's Economic Growth and Analysis System (EGAS) model for estimating future point sources activity, and VMT growth for on-road mobile sources. Highway mobile source emissions are from the EPA model MOBILE6, an emission factor model for predicting gram per mile emissions ofHydrocarbons (HC), Carbon Monoxide (CO), Nitrogen Oxides (NOx), Carbon Dioxide (C02), Particulate Matter (PM), and,toxics from cars, trucks, and motorcycles under various conditions.
Non-road source emissions are from the EPA Non-Road Model. This model includes the impact of future controls on non-road engines, which is used in equipment such as lawn and garden equipment and construction equipment.
Area source emissions (including heating, construction, railroads, etc.) are from the 2002 EPA National Emissions Inventory (NEI), grown to 2007 and 2021 by population growth from data from the State. For more documentation for these categories, refer to the NEI documentation (EPA, 2008).
Under Air Quality Control Commission Regulation No.3, the APCD requires any source that emits two tons per year or greaterto submit an Air Pollutant Emission Notice (APEN) (APCD, 2008). This means that sources that emit less than two tons per year are not necessarily accounted for in an emissions inventory. The point source emissions for the Telluride area were obtained from this tracking system. The emission estimates are made using a variety ofmethodologies. Data from source-specific emission tests, or continuous emission monitors are preferable, but not always available. The EPA has developed a variety ofemission factors to estimate emissions as well. Emission factors are frequently the best or only method available for estimating emissions.
There are no point sources in the Telluride AttainmentlMaintenance Area.

PMIOAttamment/Mamtenance Plan/or TellUride

- Techmcal Support Document

- EmIssIon Inventory 11/19/091Colorado Department ofPublic Health and Environment / Air Pollution Control Division



## 2. 2007 Emission Inventory Summary This section presents the 2007 emission inventories for the attainment/maintenance plan.


### Table 1. 

### 2007 PM10 Emission Inventory (tons peryear). V\rea and Mobile Sources PM-I0(TonsfYear Agriculture 0.98 Commercial Cooking 4.26 Construction 49.40 Fuel Combustion 0.03 Highway Vehicles 1.28 Non-Road 9.22 Paved Road-Dust 67.11 Structure Fires 0.04 Unpaved Road-Dust 59.31 Woodbuming 42.83 TOTAL 234.46

PMlOAttainment/Maintenance Planfor TellUride

- Techmcal Support Document

- EmISSIon Inventory 11/19109 2Colorado Department ofPublic Health and Environment / Air Pollution Control Division 

## 3.2015 Emission Inventory Summary This section presents the 2015 emission inventories for the attainment/maintenance plan.


### Table 2. 2015 PMI0 Emission Inventory (tons peryear). lArea and Mobile Sources PM-10 TonsNear Agriculture 0.98 Commercial Cooking 5.51 Construction 63.82 Fuel Combustion 0.03 Highway Vehicles 1.22 Non-Road 11.92 Paved Road-Dust 89.72 Structure Fires 0.05 Unpaved Road-Dust 79.2Q Woodbuming 55.34 TOTAL 307.88

PMIOAttainment/Maintenance Planfor Telluride

- Techmcal SupportDocument

- EmIssIon Inventory 11/19/09 3Colorado Department ofPublic Health and Environment I Air Pollution Control Division



## 4. 2021 Emission Inventory Summary This section presents the 2021 emission inventories for the attainment/maintenance plan.


### Table 3.2021 PM10 Emission Inventory (tons per year). [Area and Mobile Sources**~M-10(TonsfYear** Agriculture 0.98 Commercial Cooking 6.44 Construction 74.63 Fuel Combustion 0.04 Highway Vehicles 1.18 Non-Road 13.94 Paved Road-Dust 106.68 Structure Fires 0.06 Unpaved Road-Dust 94.28 Woodbuming 64.72 TOTAL 362.94

PMIOAttainment/Maintenance Plan/or Telluride

- Techmcal Support Document

- EmissIOn Inventory /1/19/094Colorado Department ofPublic Health and Environment / Air Pollution Control Division



## 5. References
APCD, 2008. Air Quality Control Commission Regulation Number 3. Stationary Source Permitting and Air Pollutant Emission Notice Requirements. 5 CCR 1001-5. 

### < http://www.cdphe.state.co.us/regulations/airregs/lOO 103stationarysourcepermitting.pdf

### >
U.S. EPA, 2008. "2002 National Emissions Inventory Data 

### & Documentation." 

### < http://www.epa.gov/ttn/chief/net/2002inventory.html#documentation 

### >

PMIOAttainment/Maintenance Plan/or TellUride

- Techmcal Support Document

- EmISSIOn Inventory 11/19/09 5

# Public Comments
40 CFRPart 51 Appendix V 2.1(h)Public Works Department 970-728-2177 Phone P.O. Box 397 970-728-0548 Fax TellWlde, CO 81435 

## RECEIVED 

## OCT 26 2009

AIR QUALITY CONTIIOCCXJMSSION 

### October 6, 2009

BarbaraRoberts CommissionChair Colorado 

### Air Quality Control Commission 4300 Cherry Creek Drive South Denver, CO 80246


### RE: Telluride AttainmentIMaintenance Area revised PMIO AttainmentIMaintenance Plan Endorsement

DearMs. Roberts:
Thank you for the opportunity to reviewthe draft 

### ofthe revised PM10 AttainmentIMaintenance Planfor the Telluride AttainmentlMaintenance Area. The plan updates the emissions inventories and demonstrates attainment withthe 24-hourNational Ambient Air Quality Standard (NAAQS) for PM10 through 2021.
Afterreviewing the plan, the Town ofTelluride concurs with and endorses its findings. Our communityremains committedto assuring good air quality for our citizens and appreciates the efforts ofthe Colorado Air Quality Control Commission. Sincerely,

Mr. Stu Fraser, Mayor Telluride Town Council

CC: Paul Tourangeau (Director, Colorado 

### AirPollutionControl Division) Douglas A. 

### Lempke (Administrator, Colorado Air Quality Control Commission)

U:\ECOMM\Admmlstratlon\Town CounciJ\TC 2009 AirQuality Oct6 MMO,doc

### October 27,2009 Barbara Roberts Commission Chair Colorado Air Quality Control Commission 4300 Cherry Creek Drive SQuth Denver, CO 80246

Dear Ms. Roberts: TOWN OF MOUNTAIN VILLAGE 455 Mountain Village Blvd. Ste. A Mountain Village, CO 81435 www.townofmountalnvillage.com P 970 728.8000 F· 970 728.4342



# RECE'VED

NOV 0;3 

## 2009

AIR QUALITY CON'I"'Ol.C£JMSSION



### Thank you for the opportunity to review the draft ofthe revised PM10 Attainment/Maintenance Plan for the Telluride Attainment/Maintenance Area. The plan updates the emissions inventories and demonstrates attainment with the 24-hour National Ambient Air Quality Standard (NAAQS) for PM10 through 2021. After reviewing the plan, the Town of Mountain Village concurs with and endorses its findings. Our community remains committed to assuring good air quality for our citizens and appreciates the efforts ofthe Colorado Air Quality Control Commission.

Greg L. 

### L.

__ Town Manager CC: Paul Tourangeau (Director, Colorado Air Pollution Control Division) Douglas A. Lempke (Administrator, Colorado Air Quality Control Commission)

# SAN MIGUEL COUNTY BOARD OF COMMISSIONERS ELAINE FISCHER ART 

### GOODTIMES JOAN MAY



### October7, 2009 

## RECEIVED OCT 13 lUU9 Barbara Roberts Commission Chair Colorado Air Quality Control Commission 4300 Cherry Creek Drive South Denver, CO 80246
DearMs. Roberts:
The San Miguel County Board ofCommissioners appreciates the opportunity to review the draft ofthe revised PMIO AttainmentlMaintenance Plan for the Telluride AttainmentJ Maintenance Area. The plan updates theemissions inventories and demonstrates attainment with the 24-hour national Ambient Air Quality Standard (NAAQS) for PM 10 through 2021.
After reviewing the plan, San Miguel County concurs with and endorses its findings. Our community remains committed to assuring good air qualityfor ourcitizens and appreciates the efforts ofthe Colorado Air Quality Control Commission. Sincerely,
SANMIGUEL COUNTY, COLORADO BOARD OFCOUNTY COMMISSIONERS

Elaine

## R.c. Fischer, Chair

Pc: Paul Tourangeau, Director, Colorado AirPollution Control Division Douglas 

### A. Lempke, Administrator, Colorado Air Quality Control Division

P.O. BOX 1170 • Tellunde, Colorado 81435 • (970) 728-3844 • FAX (970) 728-3718 www.saruruguelcounty.org

## RECF:IVED
SEP 2009 AIR. (.>;,1.:.,.' 

### ;";'Y 

### CONTROL COiV:' ISSION

September 12, 2009 Barbara Roberts Commission Chair Colorado Air Quality Control Commission 4300 Cherry Creek Drive South Denver, CO 80246

Dear Ms. Roberts: TOWN OF MOUNTAIN VILLAGE 455 Mountain Village Blvd. Ste. A Mountain Village, CO 81435 www.townofmountalnvillage.com p. 970 728.8000 F· 970 728.4342



### Thankyou for the opportunity to review the draft ofthe revised PM 10 Attainment/Maintenance Plan for the Telluride Attainment/Maintenance Area. The plan updates the emissions inventories and demonstrates attainment with the 24-hour National Ambient Air Quality Standard (NAAQS) for PM10 through 2021. After reviewing the plan, the Town of Mountain Village, concurs with and endorses its findings. Our community remains committed to assuring good air quality for our citizens and appreciates the efforts ofthe Colorado Air Quality Control Commission.

Greg L. park Town Manager Mountain Village, CO CC: Paul Tourangeau (Director, Colorado Air Pollution Control Division) Douglas A. Lempke (Administrator, Colorado Air Quality Control Commission)

# Adopted Statement ofBasis, Specific Statutory Authority and PurposeVIII.Y Telluride PM10 Adopted November 19, 2009
The amendments to the "Ambient Air Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emiSSions budgets for the Telluride PM10 attainment area. Federal Requirements Nothing In this rule change exceeds the minimum requirements ofthe federal act. Statutory Authority
The authority to establish emiSSions budgets and to establish criteria for transportation conformity determinations IS Included In the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1), C.R.S. (2001). Findings pursuantto Section 25·7·110.8
The mobile source emISSions budgets are based on EPA's MOBILE6 emiSSions model and EPAapproved methods for calculating fugitive dust emiSSions as required by federal regulations. All methodologies and Information made available by Interested parties have been considered. The emiSSions budgets reduce the potential for air pollution by capping emiSSions from mobile sources. In adopting this rule, the Commission chose the most cost-effective alternative. Further, these reVISions will Include any typographical, grammatical and formatting errors throughout the regulation.

# Adopted Language by 

# the Commission (in redline & 

## footer noting adoption date and page numbers)

### DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Air Quality Control Commission
AMBIENT AIR QUALITY STANDARDS 5 CCR 1001-14
V. Emission BUdgets for Attainment/Maintenance Areas in the State of Colorado
V.A. Budgets
V.A.1. The following Motor Vehicle Emission Budgets shall be utilized to assess the conformity of Transportation Plans, TIPs, and where appropriate, Projects, for the applicable periods and geographic areas indicated:

Denver Attainment/Maintenance Area (Modeling Domain) PM 10: 2015 through 2021: 54 tons/day; 2022 and beyond: 55 tons/day. Nitrogen Oxides: 2015 through 2021: 70 tons/day; 2022 and beyond: 56 tons/day Trading provisions: Trading of PM 10for NOx, or NOx for PM 10to adjust emission budgets for purposes ofdemonstrating transportation conformity shall be allowed using the emission trading formula as follows: For trades necessary to increase a primary PM10 budget, 15.0 tons/day of NOx will be taken from the NOx budget to increase the primary PM10 budget by 1.0 tons/day, a ration of 15 to 1. For trades necessary to increase a NOx budget, 1.0 tons/day of primary PM 10 will be taken from the primary PM10 budget to increase the NOx budget by 12.0 tons/day, a ratio of 1to 12. Implementation oftrading provisions: In the event the MPO cannot demonstrate consistency with the specific PM10 and NOx mobile source emission budgets, the trading provisions may be utilized only after the MPO has considered all reasonably available local control measures to meet the budgets. The MPO must demonstrate the need for trading through the usual consultation procedures for state implementation plan development delineated in Section IV (F) of AQCC Regulation Number 10, Criteria for Analysis of Conformity. Iftrading is utilized, the MPO shall include the following information in the transportation

AmbientAir Quality Standards Adopted: November 19, 2009 Page 1conformity determination: (1 ) The budget for primary PIVI1 0 and NOx for each required year of the conformity determination, before trading is employed; (2) The portion ofthe original budget to be used to supplement a wanting budget, for each required year for the conformity determination; (3) The increased budget that results from trading, along with relevant calculations, and (4) the resulting primary PM1 0 and NOx budgets for each required year ofthe conformity demonstration. The MPO shall then compare projected emissions to the adjusted PM10 and NOx motor vehicle emission budgets to demonstrate conformity.
Ozone Precursors (attainment/maintenance Denver Attainment Maintenance Area area boundary) NOx 2002 and beyond 134 tpsd VOC 2002 and beyond 119 tpsd (tpsd 

## = tons per summer day) Carbon Monoxide (attainment/maintenance area boundary) 2013 through 2020: 1625 tons/day; 2021 and beyond: 1600 tons/day.
Denver Metro Area/North Front Range Regional Emissions Budgets NOx: 122.9 tons/day VOCs: 109.2 tons/day Southern Sub-Regional Emissions Budgets 8-Hour Ozone Nonattainment Area

NOx: 102.4 tons/day VOCs: 89.7 tons/day Northern Sub-Regional Emissions Budgets NOx: 20.5 tons/day VOCs: 19.5 tons/day

Aspen (Modeling Area) PM102015 and Beyond: 16,2441bs.lday
Calion City PM102020 and Beyond: 1,613 Ibs.lday
PM10 2015 and Beyond: 7,534lbs.lday

PM102021 and Beyond: 946 Ibs.lday

PM102015 and Beyond: 21,773Ibs.lday Lamar (Modeling Area) Pagosa Springs (Modeling Area)
Steamboat Springs

(Modeling Area)

AmbientAir Quality Standards Adopted: November 19, 2009 Page 2Telluride (Modeling Area) Longmont Attainment/Maintenance Area
Colorado Springs Attainment/Maintenance Area
Ft. Collins' Attainment/Maintenance Area Greeley Area Attainment/Maintenance Area**PM10~2021** and Beyond: -W,OO-+1,108 Ibs./day
Carbon Monoxide 2010 through 2014: 43 tons/day 2015-2019: 43 tons/day 2020 and Beyond: 43 tons/day
Carbon Monoxide 2010 and Beyond: 531 tons/day

Carbon Monoxide 2005 through 2009: 99 tons/day2010 through 2014: 98 tons/day2015 and Beyond: 94 tons/day
Carbon Monoxide 2005 through 2009: 63 tons/day2010 through 2014: 62 tons/day2015 and Beyond: 60 tons/day

V.A.2. Geographic Coverage
Unless otherwise specified, the geographic coverage of each ofthe area Motor Vehicle Emissions Budgets shall be the nonattainment or attainment maintenance area as defined in the respective state implementation plans. V.A.3. The Motor Vehicle Emissions Budget for PM10 applies to total primary PM10 emissions, including emissions from tailpipe exhaust, unpaved roads (except for the Denver PM10 nonattainment area), re-entrained road dust and street sand. It does not include precursor or secondary emissions, which, where appropriate, are covered under separate bUdgets. V.A.4, Effective Dates
V.A.4.a. Denver Carbon Monoxide
The 1,520 tons per day (2013 and beyond) carbon monoxide emission budget established in Section V.A.1. shall take effect as a matter ofstate law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,520 tons per day budget takes effect pursuant to this section and 40 CFR Section 93.118, the carbon monoxide emission budgets for the Denver CO attainment/maintenance area shall be 800 tons per day (2002 and beyond).
V.A.4.b, Colorado Springs Carbon Monoxide
The 531 tons per day carbon monoxide emission budget established in Section V.A.1. shall take effect as a matter of state lawwhen such budget takes effect as a matter of federal law pursuant to 40 CFR Section 93.118. Until such time as the 531 tons per day budget takes effect pursuant to this section and 40 CFR Section 93.118, the carbon monoxide emission budget for the Cobrado Springs CO attainment/maintenance area shall be 270 tons per day (2001 and beyond). V.A.4,c. Reserved

AmbientAir Quality Standards Adopted: November 19, 2009 Page 3V.A.4.d. Reserved V.A.4.e.Aspen PM 10
The 16,244 pounds-per-day PM1 0 emission budget established in Section V.A.1. shall take effect as a matter ofstate law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 16,244 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM1 0 emission bUdget for the Aspen PM10 Nonattainment Area shall be 13,974 pounds-perday.
V.A.4.f. Pagosa Springs PM10
The 946 pounds-per-day PM 10 emission budget established in Section V.A.1. shall take effect as a matter ofstate law when budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 946 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM10 emission budget for the Pagosa Springs PM10 attainment/maintenance area shall be 7,486 pounds-per-day. V.A.4.g.Canon City PM10
The 1,:-1-613 pounds-per-day PM10 emission budget established in Section V.A.1. shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,613 pounds-per-day budget takes effect pursuant to this section and 40 CFR**s~ection** 93.118, the PM1 0 emission budget for the Canon City PM1 0 attainment/maintenance area shall be 7,439 pounds-per-day.
V.A.4.h. Lamar PM 10 The 7,534 pounds-per-day PM10 emission bUdget established in Section V.A.1. shall take effect as a matter of state law when such bUdget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 7,534 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM1 0 emission budget for the Lamar PM10 Nonattainment Area shall be 1,884 pounds-perday.
V.A.4.i. Steamboat Springs PM1 0 The 21,773 pounds-per-day PM1 0 emission budget established in Section V.A.1. shall take effect as a matter ofstate law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 21,773 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM1 0 emission budget for the Steamboat Springs PM1 0 Nonattainment Area shall be 20,682 pounds-per-day. V.A.4.j. Telluride PM10 The 1,108 pounds-per-day PM10 emission bUdget established in Section V.a.1. shall take effect as a matter of state law when such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,108 pounds-per-day budget takes effect pursuant to this section and 40 CFR Section 93.118, the PM10

AmbientAir QualityStandards Adopted: November 19, 2009 Page 4emission budget for the Telluride PM1 0 Attainment Area shall be 10,001 pounds-per-day (2012 and beyond).
VIII. Statements of Basis, Specific Statutory Authority and Purpose
VIII.Y Telluride PM10 Adopted November 19, 2009 The amendments to the "Ambient Air Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emissions budgets for the Telluride PM10 attainment area. Federal Requirements Nothing in this rule change exceeds the minimum requirements ofthe federal act. Statutory Authority
The authority to establish emissions budgets and to establish criteria for transportation conformity determinations is included in the general authority to adopt a State Implementation Plan set out in Section 25-7-105(1), C.R.S. (2001). Findings pursuant to Section 25-7-110.8
The mobile source emissions bUdgets are based on EPA's MOBILE6 emissions model and EPAapproved methods for calculating fugitive dust emissions as required by federal regulations. All methodologies and information made available by interested parties have been considered. The emissions budgets reduce the potential for air pollution by capping emissions from mobile sources. In adopting this rule, the Commission chose the most cost-effective alternative. Further, these revisions will include any typographical, grammatical and formatting errors throughout the regulation.

AmbientAir Quality Standards Adopted: November 19, 2009 Page 5

# State Implementation Plan Element Adopted by 

# the Commission
40 CFRPart 51 Appendix V 2.1 (d)

# Revised PM10 Attainment/Maintenance Plan Telluride Attainment/Maintenance Area

CONTACT INFORMATION

Colorado Air Quality Control Commission 4300 Cherry Creek Drive South Denver, CO 80246

(303) 692

-3476 Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246

(303) 692

-3100Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 1 

## TABLE OF CONTENTS Chapter 1, Introduction, is provided as background information only and is not to be construed to be part of the federally

-enforceable State Implementation Plan.
Chapter 2, Continued Maintenance of the PM10 NAAQS, describes the PM10 monitoring network and demonstrates with monitored data the continued maintenance of the PM10 NAAQS. Chapter 3, Attainment/ Maintenance Plan, presents the emissions inventories, control measures and other requirements to ensure maintenance of the PM10 standard through the year 2021 . This submittal demonstrates maintenance of the PM10 standard for the 2nd 

### ten
-year period beyond 2000, the year the Colorado Air Quality Control Commission approved the PM10 Redesignation Request and Maintenance Plan for the Telluride area (EPA formally redesignated Telluride to attainment in 2001)

.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 2 

## Chapter 1: Introduction The State of Colorado is submitting to the U.S. Environmental Protection Agency (EPA), in accordance with CAAA Section 176A(b), a revised PM10 Attainment/Maintenance Plan for the Telluride Attainment/Maintenance Area that demonstrates continued attainment/maintenance of the 24

-hour PM10 National Ambient Air Quality Standard (NAAQS) through 2021

. The Telluride area was redesignated to attainment status by the EPA (66 FR 32556) on June 15, 2001 (effective date, August 14, 2001). Colorado submitted a redesignation request and attainment maintenance plan on May 10, 2000. The plan demonstrated attainment/maintenance of the PM10 NAAQS through 2012 in accordance with CAAA Section 176A(a). This attainment/maintenance plan, which is being submitted for inclusion in the State’s federally

-enforceable State Implementation Plan (SIP), provides for maintenance of the national standard for PM10 in the Telluride area through 2021

. 

## Colorado Air Quality Control Commission The Colorado Air Quality Control Commission (AQCC) is a regulatory body with responsibility for adopting air quality regulations consistent with State statute. This includes the responsibility and authority to adopt State Implementation Plans (SIPs) and their implementing regulations. The Commission takes action on SIPs and regulations through a public rule

-making process. The Commission has nine members who are appointed by the Governor and confirmed by the State Senate. 

## National Ambient Air Quality Standards for PM10 In 1971, the EPA set National Ambient Air Quality Standards (NAAQS) for several air pollutants, including total suspended particulates (TSP), defined as particles with an aerodynamic diameter of less than 40 microns. In 1987, the EPA changed the particulate matter standard to include only those particles with an aerodynamic diameter of less than or equal to 10 microns (commonly referred to as PM10). The current PM10 NAAQS allow for a maximum 24

- hour average of 150 ug/m3

### . The 24

-hour PM10 NAAQS may not be exceeded more than once per year on average over three years

. An annual average of 50 micrograms per cubic meter (ug/m3

### ) was revoked by the EPA in 2006 due to a lack of evidence linking long

-term exposure to health problems. There are both primary and secondary air quality standards. The primary standards are set to protect human health, with a margin of safety to protect the more sensitive persons in the population, such as the very young, elderly and the ill. Secondary standards are set to protect property, materials, aesthetic values and general welfare. For PM10, the national primary and secondary standards are the same. The numerical levels of the standard are subject to change, based on new scientific evidence summarized in air quality criteria documents. In general, demonstrating attainment requires collecting representative air monitoring data and using approved measuring instruments and procedures, with adequate quality assurance and quality control. The three most recent years are examined, during which the average annual number of exceedances must be less than or equal to one.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 3 Air quality measurements in the Telluride area satisfy this requirement, as shown in Section 2 “Attainment of the PM10 standard.” 

## Telluride Nonattainment Area Classification History Because of observed problems with air particles, monitoring of total suspended particulates (TSP) began in 1973, and continued through 1987. In 1987, based on relatively high TSP levels, the Telluride area was designated by the EPA as a "Group I" nonattainment area of concern, i.e., an area with a strong likelihood of violating the PM10 NAAQS. In 1990, the Telluride area was designated a "moderate" nonattainment area pursuant to section 107(d)(4)(B) of the CAAA. The first PM10 SIP Element was adopted by the AQCC in July 1988. The emission controls included road paving and coal/woodburning restrictions. EPA Region VIII intended to approve the SIP Element, though it eventually was rejected once the CAA was amended in 1990 and new, more stringent requirements were in place. A new Telluride area SIP Element was adopted by the AQCC in January 1993 and supplemented in November 1993. The control measures included the paving and woodburning measures from the 1988 SIP Element and new road paving contingency measures. EPA partially/conditionally approved the SIP Element on September 19, 1994 (59 FR 47807). The Telluride area was redesignated to attainment status effective August 14, 2001 , after the EPA approved the PM10 Redesignation Request and Maintenance Plan. 

## Telluride PM10 Attainment/Maintenance Area
The boundaries for the Telluride/Mountain Village/San Miguel County PM10 attainment/maintenance area are defined by Air Quality Control Commission as follows: The area begins at the intersection of Colorado State Highway 145 and the Telluride service area boundary, as it existed in 1991. At Remine Creek, the attainment/maintenance boundary follows the service area boundary for 9.65 miles to the eastern edge of the area, continuing to follow the 9,200 foot contour line. The boundary then intersects Bear Creek. Here the attainment/maintenance boundary diverges from the service area boundary (9,200 foot contour line). The attainment/maintenance boundary continues in a west, southwest direction for 0.92 miles from the intersection of the 9,200 foot contour line and Bear Creek to the top of ski lift number 9 in the Telluride Ski Area at an elevation of about 11,900 feet. The boundary then shifts and runs in a north

-westerly direction for 0.83 miles from the top of lift 9 to the top of lift 7, which is located at an elevation of 10,490 feet. From the top of lift 7, the boundary continues in a north

westerly direction for 0.5 miles to the intersection of lift 3 with the 10,000 foot contour line. The boundary follows the 10,000 foot contour line in a south, south

-west direction for 3.2 miles, until it intersects Skunk Creek. Here the boundary diverges from the 10,000 foot contour line and follows Skunk Creek in a northerly direction for 2.25 miles. At the intersection of Skunk Creek and Colorado State Highway 145, the boundary leaves the creek and follows Highway 145 in a northerly direction until it meets the service area boundary as it existed prior to changes adopted in 1991.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 4 This area essentially includes the Town of Telluride, the Town of Mountain Village, and portions of San Miguel County, which are within the Telluride airshed. A map illustrating the area boundary is shown in Figure 1. 

## Figure 1. Map of the Telluride/Mountain Village/San Miguel County Attainment/Maintenance AreaTelluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 5 

## Continued Attainment of the PM10 Standard Chapter Two presents the most recent five years (2004

-08) of monitored data, and shows that Telluride area has maintained attainment of the standard since the redesignation was approved. 

## Attainment/Maintenance Plan Chapter Three contains the core elements EPA has established as necessary for approval of maintenance plans: 1. Description of the control measures for the maintenance period 2. Emission inventories for current and future years 3. Maintenance demonstration 4. Mobile source emissions budget 5. Approved monitoring network 6. Verification of continued attainment 7. Contingency plan 8. Subsequent maintenance plan revisionsTelluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 6 

## CHAPTER 2: CONTINUED MAINTENANCE OF PM10 NAAQS
Attainment of the 24

-hour PM10 NAAQS, which is 150 micrograms per cubic meter (ug/m3

### ) of PM10 in ambient air (based on a 24

-hour averaging time for the measurement) is demonstrated when the average annual number of expected exceedances is less than or equal to one. The following information demonstrates, as required by Section 107(d)(3)(E) of the Clean Air Act, that the Telluride area continues to attain the national 24

-hour standard for PM10. This demonstration is based on quality assured monitoring data. 

## PM10 Monitoring PM10 ambient air monitoring in the Telluride area consists of one station at 333 West Colorado Avenue. This section shall not be construed to establish a monitoring network in the federally

enforceable SIP. EPA has already approved a monitoring SIP for the State of Colorado and this description of the PM10 monitoring network shall not be construed to amend such monitoring SIP. 

## Monitoring Results and Attainment Demonstration The monitoring data presented below verifies that the Telluride area is attaining the 24

- hour PM10 NAAQS, in accordance with the federal requirements of 40 CFR Part 58. The three

year average of expected values greater than 150 ug/m3 

### ppm is less than or equal to one. Summary data are shown in the following table. Figure 2. Monitored PM10 Values 

## 24

-hour maximum PM10 values micrograms per cubic meter (ug/m3

## ) (PM10 NAAQS = 150 ug/m3

## )
2001 2002 2003 2004 2005 2006 2007 2008 333 W. Colorado Ave. 

### 59 67 97 72 70 69 77 82 

## Quality Assurance Program PM10 monitoring data for the Telluride area have been collected and quality

-assured in accordance with 40 CFR, Part 58, Appendix A, EPA’s “Quality Assurance Handbook for Air Pollution Measurement Systems, Vol. 11; Ambient Air Specific Methods”, the APCD’s Standard Operating Procedures Manual, and Colorado’s Monitoring SIP which EPA approved in 1993. The data are recorded in EPA’s AIR QUALITY SYSTEM (AQS) and are available for public review at the APCD and through EPA’s AQS database.



## CHAPTER 3: ATTAINMENT/MAINTENANCE PLANTelluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 7 This attainment/maintenance plan is a SIP revision and provides for maintenance of the relevant NAAQS in the area for the ten

-year period through 2021

. The EPA has established the core elements listed below as necessary for approval of attainment/maintenance plans:

**•** Description of the control measures for the maintenance period
**•** Emission inventories for current and future years
**•** Maintenance demonstration
**•** Mobile source emissions budget
**•** Approved monitoring network
**•** Verification of continued attainment
**•** Contingency plan
**•** Subsequent maintenance plan revisions 

## Attainment/Maintenance Plan Control Measures
Control Measures Included in the Attainment/Maintenance Plan The Telluride area will rely on the control programs listed below to demonstrate maintenance of the 24

-hour PM10 standard through 2021 . No emission reduction credit has been taken in the attainment/maintenance demonstration for any other current State or local control programs and no other such programs, strategies, or regulations shall be incorporated or deemed as enforceable measures for the purposes of this maintenance demonstration. The attainment/maintenance plan takes credit for the following federally

-enforceable control measures, which, except where otherwise noted, are included in the SIP: Federal fuels and tailpipe standards and regulations Credit is taken in this attainment/maintenance plan for current federal regulations concerning motor vehicles, fuels, small engines, diesels, and non

-road mobile sources. While credit is taken for these federal requirements, they are not part of the Colorado SIP. Woodburning Air Quality Control Commission Regulation No. 4 covers wood stoves, conventional fireplaces and woodburning on high pollution days, as approved by EPA as part of the federal SIP in 1997. This maintenance plan makes no changes to Regulation No. 4. The Town of Telluride and San Miguel County have adopted wood and coal burning emission reduction measures. These wood and coal burning controls were adopted and implemented throughout the 1980s and early 1990s, were approved by EPA in 1994, and are defined in detail in Section II. A. of the “State Implementation Plan

-Specific Regulations for Nonattainment

– Attainment/Maintenance Areas (Local Elements). All of these requirements remain effective, until they are removed or revised by a future SIP revision.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 8 Stationary Sources Emissions from stationary sources of pollution are regulated by several Air Quality Control Commission Regulations: 1) Regulation No. 1 regulates emissions of particulates, smoke, sulfur dioxide, and nitrogen oxides and establishes limits on these pollutants from covered sources. Sections I

-IV, Sections VI

-IX, and Appendices A and B are already included in the approved SIP. This maintenance plan incorporates the regulatory limits in calculations of maximum allowable emissions for stationary sources. No additional revisions are made to Regulation No. 1 as part of the maintenance plan revision. 

### 2) Regulation No. 3 lays out provisions of the State of Colorado’s stationary source permitting program. Parts A and B of Regulation No. 3 are already included in the approved SIP. Part C implements the federal operating permit program and this reference to Part C of Regulation No. 3 shall not be construed to mean that these regulations are included in the SIP. 3) Regulation No. 6 implements the federal standards of performance for new stationary sources. This maintenance plan makes no changes to this regulation. This reference to Regulation No. 6 shall not be construed to mean that these regulations are included in the SIP. 4) The Common Provisions Regulation contains general provisions applicable to all emissions sources in Colorado. This maintenance plan makes no changes to this regulation. The emission inventories for stationary sources supporting the maintenance demonstration have followed all relevant EPA rules and guidance documents for calculating such emissions. As an attainment/maintenance area since August 14, 2001 , the State and federal attainment PSD permitting requirements remain in effect in the Telluride area. This program requires the application of Best Available Control Technology when constructing new or modified major stationary sources. Street Sanding Controls There is a requirement that any user that applies street sanding material in the Telluride attainment/maintenance area must use materials containing less than two percent fines. This strategy was adopted in 1994 and approved by EPA in 1996, and it is defined in detail in Section II.B. of the “State Implementation Plan

-Specific Regulations for Nonattainment

– Attainment/Maintenance Areas (Local Elements).Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 9 

## Emission Inventories This section presents emission inventories for the attainment/maintenance plan. All of the inventories were developed using EPA

-approved emission modeling methods and updated transportation and demographics data. The PM10 attainment/maintenance plan Technical Support Document contains detailed information on model assumptions and parameters for each source category. Figure 3. Emission Inventories 

### PM10 Emission Inventory (PM 10 Pounds Per Day). Area and Mobile Sources Source Category 2007 2015 2021 Agriculture 5.39 5.39 5.39 Commercial Cooking 23.35 30.17 35.29 Construction 270.66 349.68 408.94 Fuel Combustion 0.14 0.18 0.22 Highway Vehicles 6.99 6.69 6.46 Non

-Road 50.54 65.29 76.36 Paved Road

-Dust 367.72 491.61 584.53 Structure Fires 0.22 0.28 0.33 Unpaved Road

-Dust 324.98 434.47 516.59 Woodburning 234.71 303.22 354.61 TOTAL 1284.70 1686.99 1988.71Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 10 

## Maintenance Demonstration
This attainment/maintenance plan provides for maintenance of the NAAQS through the year 2021

. Because there have never been exceedances of the annual standard in the Telluride area, an analysis for maintenance of the annual standard was not prepared. Protection of the 24

- hour standard should be sufficient to protect the annual standard since the 24

-hour standard has always been the standard of concern. A design day concentration of 82 ug/m3 

### has been selected as a conservative value that represents the highest 24

-hour maximum PM10 value recorded in the Telluride area between 2006

-2008. This 82 ug/m3 

### concentration occurred on March 28, 2008. No reduction for background values has been taken into account for the design day value, making the 82 ug/m3 

### a conservative estimate of PM10 ambient air concentrations in the Telluride area, meaning that the design value likely overstates the actual amount of PM10. The emissions inventory data presented in this report is used to determine the growth in PM10 emissions from the 2007 base year to the 2021 maintenance year. The emissions inventory shows an increase in PM10 from 1,285 pounds per day in 2007 to 1,989 pounds per day in 2021 . This represents an increase of 54.79 percent in emissions: 1,989/1,285 =1.5479, or 54

.79 percent. The design day concentration of 82 ug/m3 

### of PM10 is then increased 54.79 percent to “roll forward” to the 2021 attainment year. This roll

-forward modeling shows a 2021 concentration of 126

.9 ug/m3 

### : 82 ug/m3 

### x 1.5479 = 126.9 ug/m3 

### Since 126

.9 ug/m3 

### is below the 150 ug/m3 

### standard, maintenance is demonstrated through 2021

. 

## Emissions Budget for PM10 Federal "transportation conformity" regulations provide for the use of mobile source emission budgets in making conformity determinations in the area. The emission budget serves as a ceiling on mobile source emissions that federally funded or approved transportation projects must comply or "conform" with. This maintenance plan establishes an emission budget for the area of 1,108 pounds of PM10 per day for 2021 and beyond for the Telluride area. This budget is the total of the 2021 mobile source PM10 emissions presented in the Figure 3 table above, which includes emissions from vehicle exhaust and road dust. This budget has been adopted in the AQCC’s "Ambient Air Quality Standards for the State of Colorado" regulation.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 11 

## Monitoring Network / Verification of Continued Attainment The APCD will continue to operate an appropriate air quality monitoring network of NAMS and SLAMS monitors in accordance with 40 CFR Part 58 to verify the continued attainment of the PM10 NAAQS. Annual review of the NAMS/SLAMS air quality surveillance system will be conducted in accordance with 40 CFR 58.20(d) to determine whether the system continues to meet the monitoring objectives presented in Appendix D of 40 CFR Part 58. The State will also track and document measured mobile source parameters (e.g., vehicle miles traveled, congestion, fleet mix, etc.) and new and modified stationary source permits. If these and the resulting emissions change significantly over time, the APCD will perform the appropriate studies to determine 1) whether additional and/or re

-sited monitors are necessary and 2) whether mobile and stationary source emission projections are on target.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 12 

## Contingency Provisions Section 175A(d) of the CAA requires that the maintenance plan contain contingency provisions to assure that the State will promptly correct any violation of the PM10 NAAQS standard which occurs after redesignation to attainment. Attainment/maintenance areas are not required to have preselected contingency measures, just a list of measures that could be considered for future implementation. The contingency plan must also ensure that the contingency measures are adopted expeditiously once the need is triggered. The primary elements of the contingency plan are: 1) the list of potential contingency measures; 2) the tracking and triggering mechanisms to determine when contingency measures are needed; and 3) a description of the process for recommending and implementing the contingency measures. The triggering of the contingency plan does not automatically require a revision of the SIP, nor is the area necessarily redesignated once again to nonattainment. Instead, the State will normally have an appropriate amount of time to correct the violation by implementing one or more contingency measures as necessary. In the event that violations continue to occur after contingency measures have been implemented, additional contingency measures will be implemented until the violations are corrected

. Potential Contingency Measures Section 175A(d) of the CAA requires the attainment/maintenance plan to include as potential contingency measures all of the control measures contained in the SIP before redesignation which were relaxed or modified through the attainment/maintenance plan. For the Telluride area, there were no control measures relaxed or modified. The State may evaluate potential strategies in order to address any future violations in the most appropriate and cost

-effective manner possible. Potential measures appropriate for the Telluride area include, but are not limited to:

o Increased street sweeping requirements o Expanded, mandatory use of alternative de

-icers o More stringent street sand specifications o Road paving requirements o Woodburning restrictions o Re

-establishing new source review permitting requirements for stationary sources o Other emission control measures appropriate for the area based on the consideration of cost

-effectiveness, PM10 emission reduction potential, economic and social considerations, or other factors that the State deems appropriate.Telluride PM10 Attainment/Maintenance Plan Revision 11/19/09



### 13 Tracking and Triggering Mechanisms Tracking The primary tracking plan for the Telluride area consists of continuous PM10 monitoring by APCD as described above. APCD will notify EPA; the AQCC; the Colorado Department of Transportation (CDOT); and the governments for the Town of Telluride, the Town of Mountain Village and San Miguel County of any exceedance of the 24

-hour NAAQS within 45 days of occurrence. Triggering Contingency Measures An exceedance of the 24

-hour PM10 NAAQS may trigger a voluntary, local process by the Town of Telluride, the Town of Mountain Village, San Miguel County and APCD to identify and evaluate potential contingency measures. However, the only federally

-enforceable trigger for mandatory implementation of contingency measures shall be a violation of the NAAQS. Specifically, the three

-year average of expected exceedances at a monitoring site would have to be greater than 1.0 for a violation to occur. Process for Recommending and Implementing Contingency Measures The State will move forward with mandatory implementation of contingency measures under the SIP if a violation of the PM10 NAAQS occurs. No more than 60 days after being notified by the APCD that a violation of the 24

- hour PM10 NAAQS has occurred, the Town of Telluride, the Town of Mountain Village, and San Miguel County, in coordination with the APCD, AQCC and CDOT will initiate a process to begin evaluating potential contingency measures. The AQCC will then hold a public hearing to consider the contingency measures recommended by the Town of Telluride, the Town of Mountain Village, San Miguel County, APCD and CDOT along with any other contingency measures the Commission believes may be appropriate to effectively address the violation. The necessary contingency measures will be adopted and implemented within one year after a violation occurs. 

## Subsequent Attainment/Maintenance Plan Revisions The previously approved attainment/maintenance plan addressed the period through 2012

. The purpose of this attainment/maintenance plan revision is to provide for maintenance of the PM10 standard for an additional period through 2021

. No additional revisions of the PM10 Attainment/Maintenance Plan are anticipated at this time. If future changes in mobile source models or other unforeseen considerations raise potential issues with maintaining the PM10 standard, the State will address the need to revise the attainment/maintenance plan at that time.

# Colorado Air Quality Control Commission Meeting Minutes

- Action ofthe Commission to SIP Element Revision 

# 40 CFR Part 51 Appendix V 2.1 (g)

# STATEOFCOLORADO

Bill Ritter, Jr., Governor Ned Calonge, M.D., Interim Executive DIrector COLORADOAIR QUALITY CONTROLCOMMISSION hllp://www.cdphe.Slale.co.us 4300 Cherry Creek Drive South OED-OLRA-A5 Denver, Colorado 80246-\530 Phone (303) 692-3\00 Colorado Department Fax (303) 691-7702 ofPublic Health TOO (303) 69\-7700 and Environment 

# Colorado Air Quality Control Commission November 19,2009 MEETINGMINUTES
Location: Colorado Department ofPublic Health & 

### Environment 4300 Cherry Creek Drive South, Sabin Room Denver, CO 80246 

### MembersPresent: Robert Arnott Radford Byerly Ashley Campsie Teresa Coons John Loewy Dawn Meyers Barbara Roberts Jon Slutsky Jim Wilson 

### MembersAbsent: None 

### Commission Staff: Doug Lempke Theresa Martin 

### Division Staff: Paul Tourangeau Mike Silverstein CurtTaipale Gordon Pierce Chris Dann Curt Taipale Lisa Silva DanEly 

### Attorney General's Office: Jerry Goad

CALL TO ORDERAND DETERMINATION OFA QUORUM 

### Chair Roberts called the meeting to order at 1:00 PM and detennined that a quorum of Commissioners was now present with nine Commissioners.
ApPROVAL OF MEETING MINUTES FOR OCTOBER 

### 15,2009 Chair Roberts asked the Commission ifthere were any modifications to the minutes. Roberts noted that on Page 8, 4th 

### line down a comment that she made should be stricken.
Motion: To approve the October 15,2009 Meeting Minutes as modified by CommIssioner Roberts Moved: Commissioner Slutsky Second: Commissioner Byerly Discussion: none Carried: 9-0

### PUBLIC COMMENT 

### Chair Roberts asked ifthere were any members ofthe public who wished to make a comment on any air pollution issue not on the agenda. Dr. Doug Lawson ofNREL spoke briefly regarding weekday versus weekend changes in emissions and whether ambient data could be used to represent VMT and NOx reductions without relying upon any models or assumptions. Lawson asked the Commission to convene a technical meeting to review the effects ofNOx emissions on air quality along the Front Range. Eddie Lind ofFort Morgan commented that he represented concerned citizens ofthe area regarding the Sugar Beet factory. Lind stated concerns regarding jurisdiction ofthe factory noting that the County regulates but the City had no control. Lind commented that the settling ponds were worrisome due to the potential toxic odors. Lind noted that citizens were interested in volunteering to read monitors; would like soil/water/river samples ran; would like conversations held with the health staff regarding the decreased health of the citizens; dust control is an issue. Lind noted he could get at least 1,000 signatures on a petition in a week. Lind commented that there wasn't a problem until Western Sugar took over the factory. Tourangeau noted that there was a Title V permit and the factory was inspected regularly. Tourangeau noted that there hadn't been any odor violations. Roberts explained the difference between pollution issues versus odor issues. Lind asked where the readings were being conducted and if the citizens could be part of the inspections. Tourangeau noted that inspections were primarily complaint driven and that there were normally yearly inspections. Lind expressed great concerns that inspections were only yearly and that even employees ofthe plant that he knows personally have commented that the factory was in violation. Amott asked if there was a northeastern health department and Tourangeau noted that the Division didn't have a contract with them. Amott noted it appeared that there was also a water issue at hand too and that this was worth looking into. Roberts thanked Lind for expressing his concerns and commented that this would be looked into. Lind thanked the Commission for hearing his concerns and reiterated that he would be happy to assist with inspections. David Wolfsey of Sonic Spark re-presented the Commission with documentation regarding his concerns regarding the HHO convertor noting that he believed it produces major destructive ECO pollutants such as: nitric acid, hydrogen cyanide and nitrogen oxides and that his concerns had not been addressed previously and wishes the Commission to look into this matter and his findings ofthis product.

AGENDA REVIEW 

### Chair Roberts asked Lempke to reviewthe meeting agenda noting any items that may have changed, been added or deleted. Lempke commented that there weren't any changes to the agenda. REQUEST FQR PUBLIC HEARING DECEMBER 17,2009 

### DenverRegional Council ofGovernments (DRCOG) Conformity At 1:38 PM Lisa Silva ofthe Division noted that the presentation would include information from the DRCOG regarding its anticipated Transportation Conformity findings regarding the 2035 Regional Transportation Plan second cycle amendments and the 2008/2013 TIP. Silva commented that the NFRMPO was also in concurrence. Silva noted that neither the NFRMPO nor the Upper Front Range Transportation Planning Region had amended their plans but because they were part ofthe 8-Hour Ozone Nonattainment area, transportation conformity must be assured for those areas as well as the Denver region until the emission budgets for the individual are approved. Emily Chen ofthe DRCOGreviewed the Cycle 2 Amendments to the 2035 Regional Transportation Plan and the 2008/2013 TIP. 2

### Chen noted that the amendments included a newtoll facility to the regional system and three partial interchanges associated with the Jefferson Parkway, widening to the roadway system on Federal Blvd and also on 144th 

### Avenue, and a RTD station location change in theNorth Metro corridor. Chen reviewed withthe Commission the conformity tests conducted and what the results indicated. The DRCOG, the NFRMPO and the Division requested that the Commission hold a public hearing in December for its anticipated Transportation Conformity findings regarding the 2035 Regional Transportation Plan and the 2008/2013 

### TIP. Byerly asked ifthis was a way to complete the beltway and Steve Cook ofthe DRCOG noted it was not, it isjust a proposal at this time. Byerly commented that isn't it true that improving or widening roadways brings more traffic and more emissions. Cook noted that there still needs to have in depth studies environmentally and vehically. Campsie commented that she had received an email regarding concerns about vanpools. Campsie noted she would forward email to Lempke and Lempke would forward on to the other Commissioners. Wilson asked that all the maps be provided.
Motion: To approve the motion for hearing on December 17,2009 Moved: Commissioner Byerly Second: Commissioner Wilson Discussion: none Carried: 9-0

RULEMAKING HEARINGS 

### Pagosa SpringsPMIO Maintenance Plan Revision At I:59 PM Curt Taipale ofthe Division presented to the Commissionrevisions to the PMIO maintenance plan for Pagosa Springs. Taipale noted that this was the second oftwo lO-year plans that were required by the Clean Air Act. Taipale explainedthat the documentation reflected that Pagosa Springs would continue to attain the PMIO National Ambient Air Quality Standard through 2021 and had never violated the PM10 NAAQS in the past ten years though one exceedance had been recorded in 2000. Taipale commented that no additional control measures were required in orderto maintain the standard. Taipale explained that this revision would satisfy the federal requirement for showing attainment for the second ten-year period after redesignation to attainment/maintenance and that no additional revisions ofthe PM10 Maintenance Plan was expected. Taipale did note that iffuture changes in mobile source models or other unforeseen considerations arose that the Division would address them at that time.
Motion: To adopt Pagosa Springs PMI0 Maintenance Plan revisions as proposed by the Division Moved: Commissioner Loewy Second: Commissioner Campsie Discussion: none Carried: 9-0

3

### Telluride PMIO Maintenance Plan Revision 

### At 2:06 PM Chris Dann ofthe Division presented to the Commission revisions to the PMIO maintenance plan for Telluride. Dann noted that this was the second oftwo lO-year plans that are required by the Clean Air Act. Dann explained that the documentationreflected that Telluride would continue to attain the PM10 National Ambient Air Quality Standardthrough 2021 and had never violated the PM10 NAAQS. Dann commented that no additional control measures were required in order to maintain the standard. Dann explained that this revision would satisfy the federal requirement for showing attainment for the second ten-year period after redesignation to attainment/maintenance and that no additional revisions ofthe PM 10 Maintenance Plan was expected. Dann did note that iffuture changes in mobile source models or other unforeseen considerations arose that the Division would address them at that time. Amott questioned the 54% increase in emissions and Dannresponded that it was a standard modeling growth factor that had been used.
Motion: To adopt Telluride PM10 Maintenance Plan revisions as proposed by the Division Moved: Commissioner Amott Second: Commissioner Meyers Discussion: none Carried: 9-0
BRIEFINGS, DISCUSSIONS AND REpORTS 

### Regulation Number 9: Smoke Management Program 

### At 2: 14 PM Dan Ely ofthe Divisionprovided an overview ofthe Smoke Management Program (SMP) noting that it addresses smoke/pollution from prescribed fires on public and private lands and that the program had been implemented in 1990 to protect public health and visibility. Ely discussed the current activities which included the pennits required, inspections, emissions inventory, stakeholder meetings, and the many relationships involved in the program. Ely commented that the projected costs for the SMP were proposed perregulationrequirements and to cover the operating costs ofthe program. Ely noted that the Division would evaluate the SMP rules and implementation so as to support and increase where possible the appropriate responsible use ofprescribed fire and to report the recommendations to the Commission by June 30,2010. Ely indicated that the Division could not project the costs for 2010 with reasonable certainty until recently because ofthe unknown fiscal impacts onthe SMP from HB09-1199 and thatthe Division concluded that a fee increase was not necessary. Ely reviewed the cost projection spreadsheet with the Commission. Ely concluded noting that overall there weren't any systemic issues with revenue recovery. Loewy asked what was included in the pennits and Ely replied that the pennit looked at locations such as vicinity in relation to homes, cubic feet of piles, fuel loading, and dispersion. Loewy asked howthe Division assures compliance and Ely responded that a lot ofit is a trust factor and the Division also conducts site visits. Roberts asked about the newprogram related to the standard and Ely responded that the Division didn'thave all the answers, but would have a specific individual from the HB09-1199 funding in the Division to do additional studies ofsmoke and its impacts. Roberts asked about the role ofthe Division in implementing HB09-1199 and Ely indicatedthat the Division didn'tknow yet, but would return to the Commission with an approach.

4·

### Coordinating the Development ofPlans for Regional Haze/OzonelRMNP At 2:50 PM Mike Silverstein ofthe Divisionprovided an overview ofthe plans including planning goals, backgrounds and activities, and timelines. Silverstein discussed the requirements for each ofthese programs and how individual program proposals would be developed in a coordinated fashion to avoid unnecessary regulatory overlap or duplication and provide for the efficient consideration, adoption and implementation ofeach proposal. Silverstein discussed the steps necessary to complete the requirements for each program and the relative timing to develop the proposals. Silverstein concluded noting that a lot ofwork had been accomplished over the past several months and that the Division would be evaluating and formulating an approach for advancing emission controls that benefit ozone, Regional Haze and Rocky MountainNational Park. Silverstein also commented that upon development ofthe proposals the Division would be conducting stakeholder meetings and then coming to the Commission for discussion. Roberts asked what near term meant regarding the interim plan and Silversteinresponded that the Division should be ready to bring a proposal to the Commission in the June/July time frame. Meyers commented that there had been talks early that ozone had gone up in the Denver area and asked how these strategies were affecting the Denver monitor. Silverstein noted that where industrial reductions in NOx occur unfortunately there may be ozone increases at nearby monitors.
Coons commented that it appeared that the focus was on ozone and Silverstein agreed that it was however the Division would be taking into consideration Regional Haze and RMNP. Roberts expressed concerns as the Division moves forward with all three programs together regarding technology, costs, air quality improvement; and doesn'twant the Commission to be surprised by learning about these things at a hearing. Roberts suggested that the Commission should be kept in the loop as problematic issues emerge. Wilson asked where other states were in their Regional Haze SIP process and Silverstein commented that most ofthe states were in the public comment orjustbeginning the BARTprocess ofthe SIP. Silverstein also noted that EPA Region 8 was looking at Colorado as being one ofthe last ofthe western states to comply now because ofthe BART rework that had occurred; Colorado was originally one ofthe first to complete the SIP. Coons asked about the stakeholderprocess and ifthe Division was working with the same group ofpeople and Silverstein responded that the Division was working withthe same group ofpeople as well as bringing in anyone that may have new interest. Wilson asked about the step change ofnitrogen deposition in years 1993 and 1994 and what the dramatic contributions were. Silverstein commented that the Division would be able to provide this information regarding the increase for 1993/1994 for the nitrogen deposition in RMNP at the February meeting. Byerly asked that the Commission be made aware ofthe synergies between the programs and that ifadditional modeling was done, an evaluation ofhow accurate the model is be conducted.
Commissioner

### Informational Items Commissioner Wilson discussed the Boulder Clean Air Challenge that he was involved in over the summer noting that results reflected reduced vehicle miles by 10,000 miles which amounted to a savings of5600 gallons ofgasoline and a reduction of54 tons ofcarbon dioxide. Wilson noted that it was a great program. Commissioner Loewy commented on a new book titled "How the West Was Warmed" responding to climate change in the Rockies by Beth Conover who was the creator ofthe Denver Greenprint Program for the Mayor. Loewy noted that it was a collection of42 essays from writers around the region on issues related to climate change and was a very informative piece ofwork. 

### 5

### Division Director's Report 

### Tourangeau reviewed a number ofissues: • Enforcement Evaluation Report published by EPA Inspector General: the need for improvement regarding oversight and policies for high priority violations ofthe Clean Air Act. Tourangeau noted that this means Colorado would need to work with EPA on the use ofthe Notice ofViolations (NOV) and timelines associated with closures ofthe NOV's. • PM2.5 NAAQS designations: provided a handout that summarized the PM2.5 designations for NAAQS and noted that Colorado was in attainment and EPA was in agreement with the attainment and the technical analysis. • NAAQS review schedule by EPA: provided a handout ofthe schedule and summary of the S02NAAQS proposal which was new and expected to go final this coming summer. Tourangeau noted that the N02 standard was proposed between 80 and 100 ppb in which Colorado currently had two monitors that could reflect nonattainment ifthe standard gets set at 80 ppb. Tourangeau commented that the S02 standard was proposed between 50 and 100 ppb in which Colorado would be in attainment. Tourangeau also noted that secondary standards could become significant drivers for the Commission. • NewMexico imposed more stringent standards than the federal sector specifically for the oil and gas programs in the San Juan area south ofDurango and the ozone datarecently reflected that it had dropped dramatically over a three-year average by about 4 ppb (between 71-75 ppb). • Vehicle Inspection, Readjustment Program, and High Emitter Program: provided handouts ofthe Executive Summary ofthe Office ofthe State Auditors 3-year audit and a Division report that had been submitted to the Transportation Legislative Review Committee. Roberts asked for the web link for the report. • EPA Order on Oil and Gas for the Frederick Natural Gas Compressor Station: Order served based upon petition from WildEarth Guardians to 32 states. EPA's Order notes that the Division must complete an aggregation analysis and supplement the record based on the analysis and either amend, modify or keep the permit intact. • NSR Tailoring Rule from EPA: this is a proposed rule that raises the applicability thresholds to 25,000 tons per year C02e for Title V and PSD and comments are due to EPA by December 28. The Division believes that approximately 143 stationary sources would be in exceedence based upon fuel-burning alone and EPA estimates there would be about 40 new sources; this doesn'tinclude methane. Attorney General's Report 

### Goad discussed withthe Commission: • Kasel case filed in Denver District Court but no date had been set • Consent Decree filed in the US District Court in Northern Californiaby WildEarth Guardians complainingthat LisaJackson ofEPA allegedly failed to perform a nondiscretionary duty to either approve a SIP or a FIP for several states including Colorado with regard to the 1997 NAAQS for 8-hour ozone and PM2.5.



### 6

### Administrator's Report Lempke reviewed the agenda items for the December meeting. Lempke also reviewed with the Commission the Action Items Follow-Up listnoting that Gordon Pierce had provided input requested by Commissioner Byerly regarding NOx monitoring sites around the state. 

### ACTION ITEMS Lempke reviewed the current actions from today's meeting:
• DRCOG confonnity/vanpool infonnation • Discuss role ofAPCD with regard to the overall Smoke Management Program • Provide 1M Audit Report web link to Commission • Send RAQC Executive Order to Commission • Response to Doug Lawson regarding fonning a committee to investigate NOx as a contributor to ozonepollution • Explain the step increase for 93/94 nitrogen deposition at RMNP Adjourn at 5:10

7

# Legal Opinion ofthe Colorado State Attorney General
40 CFRPart 51 Appendix V 2.1(c) and (e)

### AGOpinion Page 1of 1.

JOHN W. SUTHERS STATE SERVICES Attorney General 

## STATE OFCOLORADO BUILDING DEPARTMENT OF LAW CYNTHIA H. COFFMAN 1525 Shennan Street

- 7th Floor ChiefDeputy Attorney General OFFICE OFTHE ATTORNEY Denver, Colorado 80203 DANIEL D. DOMENICO GENERAL Phone (303) 866-4500 Solicitor General Fax (303) 866-5691

TrackingNumber: 2009-00773
OPINION OFTHE ATTORNEY GENERAL RENDERED IN

CONNECTION WITH THE RULES ADOPTED BY THE Air Quality Control Commission ON 11/19/2009

5 CCR 1001-14 AMBIENTAIR QUALITY STANDARDS
The above-referenced rules were submitted to thiS office on 11120/2009 as required by section 24-4-103, C.R.S. This office has reviewed them and fmds no apparent constitutional orlegal deficiency in their fonn orsubstance.

November 23, 2009 03:10:04 MST I..

JOHN W. SUTHERS Attorney General by DANIEL D. DOMENICO Solicitor General



### 11/30/2009 lttp://www.sos.state.co.us/CCR/Opinion.do?forview=true&trackingNurn=2009-00773

# Regulation or Regulation Revisions as Published in the Colorado Code ofRegulations
40 CFRPart 51 Appendix V 2.1(b)

# DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

AIR QUALITYCONTROL COMMISSION



## AMBIENT AIR QUALITY STANDARDS

5 CCR 1001-14

EDITOR'S NOTES* Authority Cited: Sections 25-7-105(1), 25-7-106(1), (2.5) and (4) C.R.S. Section 25-7-302 regarding SIP contents and 25-7-109(2)( ) regarding authonty to regulate carbon monoxIde (CO) History and Amendments: Amended 9/11/77,1 CR 1. Added 5/25/78, 1 CR 6. Amended 12/14/78,2 CR 1. Amended 4/12/79,2 CR 5. Redisignated 8/23/79, 2 CR 9. Adopted 12/20/79, effective 1/30/80,3 CR 1. Amended 3/27/80, effective per approval by the General Assembly, 3 CR 5. Adopted 3/10/83, effective 4/30/83,6 CR 4. Adopted 10/17/83, effective 11/30/83,6 CR 11. Repealed 7/20/89, effective 8/30/89, 12 CR 8. Adopted 12/21/89, effective 1/1/93, 13 CR 2. Adopted as emergency regulation 2/21/91, effective 2/21/91, 14 CR4. Adopted as emergency regulation 5/16/91, effective 5/16/91,14 CR6.**~dopted** 6/20/91, effective 7/30/91,14 CR7. Adopted 6/16/92, effective 7/30/92; Visibility Standard adopted 8/20/91, effective 1/1/93,15 CR 7. Visibility Standard effective date postponed on an emergency basis 12/17/92, postponement effective 12/17/92;Visibility Standard effective 1/1/95,16 CR 1. Adopted3/18/93, effective 1/1/95, 16 CR4. Adopted 6/24/93, effective 8/30/93,16 CR 8. Adopted 9/22/94, effective 11/30/94, 17 CR 11. Adopted 2!l6/95, effective 4/30/95, 18 CR4. Adopted 6/15/95, effective 8/30/85, 18 CR 8. Adopted 3/21/96, EFFECTIVE 5/30/96,19 CR 5.

A.G. Opinions: 1 AG 241; 2 AG 15; 2 AG 113; 2 AG 225; 3 AG 19; 3 AG 122; 6 AG 110-111; 8 AG 328; 13 AG 53; 14 AG 118; 14 AG 193; 14 AG 225; 15 AG 256; 16 AG 23; 16 AG 114; 16 AG 278; 17 AG 423; 18 AG 148; 18 AG 286; 19 AG 130; 19 AG 338; 19 AG 389;

Annotations: Rule 16(c)(3)(b) and 10(c)(3)(c) was not extended by Senate Bi1l92-132 and therefore expired June 1, 1992.

*Thls Title Page does not constitute an offiCial part ofany regulation. Infonnatlon contained on the Title Page IS provided by the Publisher from sources deemed reliable and IS solely for mfonnational and hlstoncal pUlposes. SeecautIOnary note In Introductory Matenals, How to Use theCCR. © 2008 State ofColorado All RIghts Reserved. (800) 833-9844

### EDITOR'S NOTES (continued)

Reeulation Histon'

Amended: Amended: Amended: Amended: Redesignated: Adopted: Effective: Amended: Adopted: Effective: Adopted: Effective: Repealed: Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: VisibilityAdopted: Effective: Visibility Postponed: Effective: VisibilityEffective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Adopted Effective: Adopted: 9/1/77 5i2517S 12114178 4/12179 8/23/79 12120179

1/30/80 3/27/80 3/10/83 4130/83 10/17/83 11/30/83

7120/89 8130/89 12/21/89 1/1193 2121191 2/21191 5/16/91 5116191 6120191 7/30/91 6/18192 7/30/92 6120/91

1/1193 12/17/92 12/17/92

1/1/95 3/18193

1/1/95 6124/93 8/30/93 9/22/94 11/30/94 2/16/95 4/30/95 6115/95 Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Adopted: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: Revised: Effective: RevIsed: Effective: Revised: Effective: Revised: Effective: 8/30/95 3/21/95 5/30/96 9119196 11/30196 10117196 12/30/96 12/18/98

3/2198 1115198 3/30/98 9/17/98 11/30/98

1110/00 3/liOO 2/17/00 4130/00 1111101 3/31101 311610L 513010L 4119/01 6130101 11/15/01 12/30101

7118102 9130/02 12/19/02

. 03/02103 06/19/03 08130103 12118103 02102104 03112104 05/31104

5 CCR 1001-14 Page 2

### EDITOR'S NOTES (continued) History and Amendments: Adopted 9/19/96, EFFECTIVE 11/30/96, 19 CR 11. Adopted 10/17/96, EFFECTNE 12/30/98, 19 CR 12. Adopted 12/18/98, EFFECTNE 3/2/98, 21 CR 2. Adopted 1/15/98, EFFECTIVE 3/30/98, 21 CR3. Adopted 9/17/98, EFFECTIVE 11/30/98, 21 CR 11. Adopted 1/10/00, EFFECTIVE 3/1/00, 23 CR2. Adopted 2/17/00, EFFECTIVE 4/30/00,23 CR4. Adopted 3/16/00, EFFECTNE 5/30/00, 23 CR5. Adopted 1/11/01, EFFECTNE 3/2/01, 24 CR 2. Adopted 4/19/01, EFFECTNE 6/30/01, 24 CR 6. Adopted 11/15/01, EFFECTNE 12/30/01,24 CR 12. Adopted 7/18/02, EFFECTIVE 9/30/02, 25 CR9. Adopted 12/19/02, EFFECTNE 03/02/03,26 CR 2. Sections V through VII Adopted 06/19/03, EFFECTNE08/31/03, 26 CR 8. Parts V through VII Adopted 12/18/03, EFFECTNE 03/01/04, 27 CR2. Parts m.F,m.M, vm.s adopted 03/12/04, EFFECTIVE 05/31/04, 27 CR 5. Parts m.E,m.M, Vm.Tadopted 12/16/04, EFFECTNE 03/02/05,28 CR 2. Pp. 20-21, 59-60 adopted 12/15/05.EFFECTNE 03/02/06, 29 CR2. Rulereplaced in its entirety, adopted 11/20/08,EFFECTNE 12/30/08,31 CR 12. Rulereplaced in its entirety, adopted 12/12/08, EFFECTNE01/30/09, 32 CR 1. Rules V.A, vm.x, vm.Y, adopted 11/19/09, EFFECTNE 12/30/09,32 CR12.

A.G. Opinions: 21 AG 48; 21 AG 86; 21 AG 353; 23 AG 44; 23 AG 99; 23 AG 116; 24 AG 60-60A; 24 AG 168; 24 AG 364; 25 AG 314; 26 AG 73; 26 AG 332; 27 AG 81; 27 AG 174; 28 AG 46; 29 AG 80; 31 AG Dec 1001-14; 32 AG Jan 1001-14; 32 AGDec 1001-14

- lool-14a

Annotations:

© 2009 State ofColorado Page 3 5 CCR 1001-14 All Rights Reserved (800) 833-9844

### o 2009 State ofColorado 32 CR 12, 12-09 Page 21 All Rights Reserved V. Emission Budgets for Attainment/Maintenance Areas in the State ofColorado V.A. Budgets
V.A.1. The following MotorVehicle Emission Budgets shall be utilized to assess the conformity of Transportation Plans, TIPs, and where appropriate, Projects, forthe applicable penods and geographic areas indicated:

DenverAttainmenUMaintenance Area (Modeling Domain) PM10: 2015 through 2021: 54 tons/day; 2022 and beyond: 55 tons/day. Nitrogen Oxides: 2015 through 2021: 70tons/day; 2022 and beyond: 56tonS/day Trading provisions: Trading of PM 10for NOx, or NOxfor PM 10 to adjust emission bUdgets for purposes ofdemonstrating transportation conformity shall be allowed using the emission trading formula as follows:
Fortrades necessary to Increase a primary PM10 bUdget, 15.0 tons/day of NOxwill be taken from the NOx budget to increase the pnmary PM10 budget by 1.0 tons/day, a ration of 15 to 1.
Fortrades necessaryto increase a NOx budget, 1.0tons/day of primary PM10will betaken from the primary PM10 budget to increase the NOx bUdget by 12.0tons/day, a ratio of 1 to 12. Implementation oftrading provisions: In the eventthe MPO cannot demonstrate consistency with the specific PM10 and NOx mobile source emission budgets, thetrading prOVisions may be utilized only afterthe MPO has considered all reasonably available local control measuresto meetthe budgets. The MPO must demonstratethe need for trading through the usual consultation proceduresfor state implementation plan deVelopment delineated in Section IV (F) ofAQCC Regulation Number 10, Criteria forAnalysis of Conformity.
Iftrading is utilized, the MPO shall includethe folloWing information In the transportation conformity determination: (1) The budgetfor primary PM 10 and NOx for each reqUired year ofthe conformity determination, before trading is employed; (2) The portion ofthe original bUdget to be used to supplement a wanting budget, for each required yearfor the conformity determination; (3) The Increased bUdget that results from trading, along with relevant calculations, and (4) the resulting primary PM10 and NOx budgetsfor each required year of the conformity demonstration.
The MPO shall then compare projected emissions to the adjusted PM10 and NOx motorvehicle emission budgets to demonstrate conformity.

CODE OF COLORADO REGULATIONS 5 CCR 1001-14Page 22 32 CR 12, 12-09

DenverAttainment Maintenance Ozone Precursors (attainment/maintenance area boundary) Area NOx 2002 and beyond 134tpsd VOC 2002 and beyond 119 tpsd (tpsd 

### =tons per summer day) Carbon Monoxide (attainment/maintenance area boundary) 2013through 2020: 1625 tons/day: 2021 and beyond: 1600tons/day.
Denver MetroArea/North Front Regional Emissions Budgets NOx: 122.9 tons/day VOCs: 109.2tons/day Southern Sul:rReglonal Emissions Budgets NOx: 102.4tons/day VOCs: 89.7 tons/day
Northern SUI:rRegional Emissions Budgets NOx: 20.5 tons/day VOCs: 19.5tons/day Range 8-Hour Ozone NonattainmentArea

Aspen (Modeling Area) PM102015 and Beyond: 16,244lbs.lday
Calion City PM102020 and Beyond: 1,6131bs.lday
Lamar (Modeling Area) PM102015 and Beyond: 7,534lbs.lday Pagosa Springs (Modeling Area) PM1 02021 and Beyond: 946 Ibs.lday

Steamboat Springs (Modeling Area) PM102015 and Beyond: 21,773Ibs.lday

PM102021 and Beyond: 1,108lbs.lday
Carbon MonOXide 2010 through 2014: 43 tons/day 2015-2019: 43 tons/day 2020 and Beyond: 43tons/day
Carbon Monoxide 2010 and Beyond: 531 tons/day

Carbon Monoxide 2005 through 2009: 99 tonS/day2010 through 2014: 98 tonS/day2015 and Beyond: 94 tons/day
Carbon MonOXide 2005 through 2009: 63 tonS/day2010 through 2014: 62 tonS/day2015 and Beyond: 60tons/day Telluride (Modeling Area)Longmont AttainmentlMaintenance Area
Colorado SpnngsAttainmentlMaintenance Area
Ft. CollinsAttainmentlMaintenance Area

Greeley Area Attainment/Maintenance Area

5 CCR 1001-14 CODE OF COLORADO REGULATIONS© 2009 State ofColorado 32 CR 12, 12-09 Page 23 All Rights Reserved
V.A.2.

V.A.3.

V.A.4. Geographic Coverage Unless otherwise specified, the geographic coverage ofeach ofthe area MotorVehicle Emissions Budgets shall bethe nonattainment orattainment maintenance area as defined in the respective state implementation plans.

t The Motor Vehicle Emissions Budget for PM10appliesto total primary PM10 emiSSions, including emissions from tailpipe exhaust, unpaved roads (except forthe Denver PM10 nonattalnment area), re-entrained road dust and street sand. It does not include precursor or secondary emissions, which, where appropriate, are covered under separate budgets. Effective Dates
V.A.4.a.Denver Carbon Monoxide
The 1,520tons per day (2013 and beyond) carbon monoxide emission budget established In Section V.A.1. shall take effect as a matter ofstate lawwhen such bUdget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 1,520tons per day budget takes effect pursuant to this section and 40 CFR Section 93.118, the carbon monoxide emission budgets for the Denver CO attainmenUmaintenance area shall be 800 tons per day (2002 and beyond). V.A.4.b.Colorado Springs Carbon Monoxide
The 531 tons per day carbon monoxideemiSSIon bUdget established in Section V.A.1. shall take effect as a matter ofstate lawwhen such budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time asthe 531 -tons per day budgettakes effect pursuantto this section and 40 CFR Section 93.118, the carbon monoxide emission budget for the Colorado Springs CO attalnmenUmaintenance area shall be270tons per day (2001 and beyond).
V.A.4.c. Reserved
V.A.4.d. Reserved V.A.4.e.Aspen PM10
The 16,244 pounds-per-day PM1 0 emission budget established in Section V.A.1. shall take effect as a matter ofstate lawwhen such budget takes effect as a matterof federal law pursuantto 40 CFR Section 93.118. Until such time as the 16,244 pounds-per-day budget takes effect pursuantto this section and 40 CFR Section 93.118, the PM10 emission budget for theAspen PM10 NonattainmentArea shall be 13,974 pounds-per-day.
V.A.4.f. Pagosa Springs PM10
The 946 pounds-per-day PM10 emission budget established in Section V.A.1 shall take effect as a matter ofstate lawwhen budget takes effect as a matter offederal law pursuant to 40 CFR Section 93.118. Until such time as the 946 pounds-per-day budget takes effect pursuanttothis section and 40 CFR Section 93.118, the PM 10 emission budget for the Pagosa Springs PM10 attainmenUmalntenance area shall be 7,486 pounds-per-day.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-14Page 24 32 CR 12, 12-09
V.A.4.g.Calion City PM10 The 1,613 pounds-per-day PM10 emission budget established in Section V.A.1. shall take effect as a matter ofstate lawwhen such budget takes effect asa matter offederallaw pursuant to40 CFR Section 93.118. Until such time asthe 1,613 poundsper-day**~udget** takes effect pursuant to this section and 40 CFR Section 93.118, the PM 10 emission budgetfor the Calion City PM 10 attainment/maintenance area shall be 7,439 pounds-per-day.
V.A.4.h.Lamar PM10
The 7,534 pounds-per-day PM1 0 emission budget established in Section V.A.1. shall take effect as a matter ofstate lawwhen such budgettakes effect as a matter offederallaw pursuant to 40 CFR Section 93.118. Until such time as the 7,534 poundsper-day bUdget takes effect pursuant to this section and 40 CFR Section 93.118, the PM10 emission bUdget forthe Lamar PM10 Nonattainment Area shall be 1,884 pounds-per-day.
V.A.4.i. Steamboat Springs PM1 0
The 21,773 pounds-per-day PM10 emission budget established in Section V.A.1 shall take effect asa matter ofstate lawwhen such budget takes effect as a matter of federal law pursuantto 40 CFR Section 93.118. Until such time asthe 21,773 pounds-per-day budget takes effect pursuant tothis section and 40 CFR Section 93.118, the PM10 emission bUdget forthe Steamboat Springs PM10 Nonattainment Area shall be 20,682 pounds-per-day. V.A.4.j. Telluride PM10
The 1,108 pounds-per-day PM10 emission budgetestablished in Section V.a.1. shall take effect asa matter ofstate lawwhen such budgettakes effect as a matter offederallaw pursuant to40 CFR Section 93.118. Until such time asthe 1,108 poundsper-day bUdget takes effect pursuant tothis section and 40 CFR Section 93.118, the PM10 emission budget forthe Tellunde PM10Attainment Area shall be 10,001 pounds-per-day (2012 and beyond). V.B. Reserved V.C. Additional ReqUirements forthe Denver PM10 Attainment/Maintenance Area V.C.1. Geographic Coverage
The geographic coverage for the Denver PM10 MotorVehicle Emissions Budget isthe modeling domain contained inthe most recent revision tothe Denver PM10 state implementation plan and technical support documentation, which are availablefor inspection atthe offices of the AQCC located at 4300 Cherry Creek Dnve South, Denver, Colorado. V.C.2. Regional EmissionsAnalySIS The emIssions bUdgets set out In this section shall be used for regional emissions analyses requIred for conformity determinations.

5 CCR 1001-14 

### CODE OF COLORADO REGULATIONS

### o 2009 State ofCoIOl1lcJo. 32 CR 12, 12-09 Page 24.1 All Rights Reserved
V.D. Additlonal.Requirements forthe Denver CO Attainment/Maintenance Area
V.D.1. Geographic**COvefag~** The'geographrc;coverage for the Denver CO Motor Vehicle Emissions Budget is the Denver CO attainment/malrltenance area as defined In the section ofthIS Ambient Air Standards regulationentitled-"Descnption of Boundaries for Denver CO Attalnment/Maintenance Area." VI. Carbon, MonoxldetStandard within the EisenhowerTunnel" Pursuantto tlle-authorityrot'Section25-7-106 (1), (b) and (c) and of25-7-107 (1), (a), and (b) of Colorado**Revised:Statute9t19i~3ftheColorado** Air Pollution Control Commission designated and confines ofany**travelectportionS!o~ttletroadways** within the EisenhowerTunnel as a control area In which the adoption andmalntenanE:eofarramblent air standard is deemed necessary with particular identification of"carbon:monoxidetaSltlTepollutant hereby made subject to the following standard to maintain an**acceptable;huma~camoxyhemoglobin** level: THE AMBIENTAIR WITHIN THE EISENHOVVER TUNNEL SHAlLBcMAINi'fAINED SOTHAT THE LEVELS OF CARBON MONOXIDE SHALL NOT EXCEED A**15~MINl:JTe'AVERAGDOF** 100 PARTS PER MILLION VOLUME (115 MILLIGRAMS PER CUBIC**M~ER'-A¥760HORR'AND** 25N CENTIGRADE) CONCENTRATION.
* Carbon MonoxideJEiseon-oweeTunnel: Adopted: 9/5/75 Effective: 12/17/75

CODE OliCOP'ORAJ)0tREGULATIONS 5 CCR 1001-14Page 24.2**3~** CR 12, 12·09

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5 CCR 1001-14 CODE OF COLORADO REGULATIONS© 2009 State ofColorado 32 CR 12, 12-09 Page 51 All Rights Reserved require, assignment of some or the entire safety margin to the transportation conformity budget. The reservation ofa portion ofthe carbon monoxide safety margin allows for additional growth In other sectors, but does not make the Sip more stnngent than the federal requirements. The authority to establish emiSSions budgets IS Included In the general authority to adopt a state Implementation plan set out In Section 25-7-105(1), C.R.S.
The mobile source emiSSions bUdgets are based on EPA-approved computer models, as required by federal regulations. All methodologies and Information made available by Interested parties have been considered. The rule allocates most ofthe margin of safety to mobile sources, but maintains a reasonable margin for accommodation of uncertainty and future growth m other sectors. The allocation of most ofthe safety margin to mobile sources provides flexibility for the transportation community In adopting thIs rule, the Commission chose the most cost-effective option. VIII.V Canon City PM10 Adopted: November 20, 2008 The amendments to the "Ambient Air Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emISSions budgets for the Cation City area. Federal Requirements Nothing In this rule change exceeds the minimum reqUirements ofthe federal act. StatutoryAuthority
The authority to establish emissions budgets and to establish critena for transportation conformity determinations is Included In the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1), C.R.S. (2001). Findings pursuantto Section 25-7-110.8
The mobile source emiSSions budgets are based on EPA's MOBILE6 emissions model and EPA­ approved methods for calculating fugitive dust emissions as required by federal regulations. All meth­ odologies and mformation made available by Interested parties have been considered. The emiSSions budgets reduce the potential for air pollution by capping emiSSIons from mobile sources. In adopting this rule, the Commission chosethe most cost-effective alternative. Further, these reVISions include any typographical, grammatical and formatting errors throughout the regulation. VIII.W Denver Metro Area/North Front Range 8-Hour Ozone Emissions Budgets Adopted December 11, 2008 The amendments to the "Ambient Air Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emISSions budgets for the Denver Metro Area/North Front Range 8-Hour Ozone area. Federal Requirements Nothing In this rule change exceeds the minimum requirements ofthe federal act.

CODE OF COLORADO REGULATIONS 5 CCR 1001-14Page 52 32 CR 12, 12-09
Statutory Authority
The authority to establish emiSSions budgets and to establish critena fortransportation conformity determinations IS Included In the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1) and In 25-7-107(1), C.R.S. Findings pursuantto Section 25-7-110.8
The mobile source emissions budgets are based on EPA's MOBILE6 emissions model and EPAapproved methods for calculating fugitive dust emiSSions as requIred by federal regulations. All methodologies and information made available by Interested parties have been consIdered. The emissions budgets reduce the potential for air pollution by capping emiSSions from mobile sources. In adopting this rule, the Commission chose the most cost-effective alterl'lative.
VIII.X Pagosa Springs PM10 Adopted November 19, 2009
The amendments to the "Ambient Air Quality Standardsfor the State of Colorado" Regulation adopted by the Commission establish mobile source emiSSions budgets for the Pagosa Springs PM 10 attainment area. Federal Requirements Nothing In thIs rule change exceeds the minimum requirements ofthe federal act. Statutory Authority
The authority to establish emiSSions budgets and to establish critena for transportation conformity determinations IS Included In the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1), C.R.S. (2001). Findings pursuantto Section 25-7-110.8 The mobile source emiSSions bUdgets are based on EPA's MOBILE6 emiSSions model-and

### EPA~ approved methodsfor calculating fugitive dust emissions as required by federal regulations. All methodologies and information made available by interested parties have been considered. The emissions budgets reduce the potential for aIr pollution by capping emissions from mobile sources. In adopting this rule, the CommIssion chose the most cost-effective alternative. Further, these reVISions will include any typographical, grammatical and formatting errors throughout the regulation.
VIII.Y Telluride PM10 Adopted November 19, 2009 The amendments tothe "AmbientAir Quality Standards for the State of Colorado" Regulation adopted by the Commission establish mobile source emiSSions budgets forthe Telluride PM10 at­ tainment area. Federal Requirements Nothing In thIs rule change exceeds the minimum requirements ofthe federal act.

5 CCR 1001-14 CODE OF COLORADO REGULATIONSo 2009 State ofColorado 32 CR 12, 12-09 Page 53 All Rights Reserved Statutory Authority
The authority to establish emissions budgets and to establish criteria for transportation conformity determinations is Included in the general authority to adopt a State Implementation Plan set out In Section 25-7-105(1), C.R.S. (2001). Findings pursuantto Section 25-7-110.8
The mobile source emissions budgets are based on EPA's MOBILE6 emISSions model and EPAapproved methods for calculating fugitive dust emissions as required by federal regulations. All methodologies and information made available by interested parties have been considered. The emissions budgets reduce the potential for air pollution by capping emiSSions from mobile sources. In adopting this rule, the Commission chose the most cost-effective alternative. Further, these revisions will include any typographical, grammatical and formatting errors throughout the regulation.



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-14