5 Colo. Code Regs. § 1001-20-III

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

Section 5 CCR 1001-20-III - Aspen/Pitkin County PM10 Attainment/Maintenance Area

A.Applicability

The control measures adopted by these regulations are intended to be implemented and enforced locally. All affected parties shall take all actions necessary, to implement no later than December 10, 1993, all provisions of the regulations set forth herein. The provisions of these regulations shall apply throughout the Aspen/Pitkin County PM-10 attainment/maintenance area. The control measures adopted by these regulations recognize that the largest source, by far, of the material causing the air quality in the City of Aspen to exceed National Ambient Air Quality Standards for particulate matter is from re-entrained dust from traffic on paved roads. This phenomenon is caused primarily by vehicle mile trips that originate from outside the Aspen/Pitkin County attainment/maintenance area.

Nothing contained in these regulations shall be intended or construed to limit or impair the home rule or legislative authority of the City as provided under the Constitution and laws of the State of Colorado or the Home Rule Charter of the City of Aspen. Nothing contained in these regulations shall be intended or construed to limit or impair the home rule or legislative authority of the County of Pitkin as provided under the Constitution and laws of the State of Colorado or the Home Rule Charter of Pitkin County. No emission control regulation may be considered a part of the Aspen/Pitkin County PM10 attainment/maintenance area control strategy unless and until the same has been adopted as part of the State of Colorado's State Implementation Plan pursuant to Section 25-7-105(1)(a)(II), C.R.S.

B.Definitions

1. "Aspen/Pitkin County PM-10 attainment/maintenance area" means that area defined by the Colorado State Implementation Plan for PM-10, Aspen Element, adopted November 21, 1991.

2. "Department" means the Aspen/Pitkin Environmental Health Department.

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

4. "Durability Index" means the percent loss of weight as determined using American Society for Testing Materials (ASTM) "Standard Test Method for Resistance to Degradation of Small-size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine", Designation C131-89.

5. "Deployment" means an episode when any roadway is sanded.

6. "Governmental Entity" shall include, but not necessarily be limited to, the State of Colorado, Pitkin County, City of Aspen, Roaring Fork Transit Agency, the Colorado Department of Transportation (CDOT), and the U.S. Postal Administration.

7. Reserved

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

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

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

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

12. "User" means any Governmental Entity, and any employee, official, representative, or agent of such governmental entity responsible for the application of street sanding materials and any person who contracts with such governmental entity for the purpose of applying street sanding material in the defined Aspen/Pitkin County PM-10 attainment/maintenance area.

13. Reserved

14. "Base Sanding Amount" is the average amount of street sanding material applied per lane mile driven by maintenance trucks during snow and ice removal operations. The base sanding amount shall be calculated for the year that the Environmental Protection Agency (EPA) determines that the nonattainment area failed to attain the PM National Ambient Air Quality Standards (NAAQS). If reliable data for this year is not available, another base year period may be used after approval by the Division.

C.Primary Control Strategy Regulations

1. Specifications for Street Sanding Materials

a. Applicability.

The provisions of this subsection shall apply to any user that applies any street sanding material within the Aspen/Pitkin County PM-10 attainment/maintenance area on or after December 1, 1993.

b. Standards for Quality for Street Sanding Materials.

All street sanding material, whether new or recycled, shall equal or exceed a standard of less than 1% fines and less than 30% durability index, and only such sanding material shall be used for street sanding operations and purposes.

c. Alternate Sanding Materials.

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

d. Testing Requirements.

Prior to, or upon, delivery of street sanding materials, and prior to the use of any recycled street sanding material, suppliers of street sanding materials shall have a test performed upon representative samples of the material by an independent laboratory to determine compliance with the standards of quality set forth above at Subsection C.1.b. The test results shall be provided to the purchaser upon delivery. Alternative percent fines and durability index test procedures for percent fines and durability must be approved by the Division and EPA should they be determined to provide a measure that is equivalent to the test procedures set forth in this regulation.

e. Recordkeeping Requirements

i. Each user that uses street sanding materials shall maintain on file all reports received or prepared in accordance with these regulations for a period of two years, including the information described below. All records generated under provisions of this regulation shall be made available for inspection upon request by the Department or Division.

(a) The number of lane miles typically sanded during each deployment;

(b) The dates of deployment episodes;

(c) A list of all streets where sanding was typically deployed;

(d) A copy of all independent tests performed in accordance with Subsection C.1.d. above; and

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

2. Street Sweeping Requirements for Highway 82

a. Applicability

The provisions of this subsection shall apply to any user that has applied any street sanding material on Highway 82 within the Aspen/Pitkin County PM-10 attainment/maintenance area on or after December 1, 1993. The provisions of this subsection shall be applicable between December 1 and March 31 of each year.

b. Sweeping Requirements

i. Users that use street sanding materials upon State Highway 82 from the Cooper Avenue bridge to the west entrance (city limit) of the city of Aspen, excluding CDOT, shall sweep the traffic lanes of this portion of Highway 82 within four days of the roadway becoming free and clear of snow and ice following each sanding deployment, as weather and street conditions permit.

ii. Users that use street sanding materials upon State Highway 82 from the west entrance (city limit) of the city of Aspen to the Aspen/Pitkin County Airport (Sardy Field) shall sweep traffic lanes of the highway within four days of the roadway becoming free and clear of snow and ice following each sanding deployment, as weather and street conditions permit.

c. Sweeping Equipment Required

Broom sweepers using liquid, or any other method of equal efficiency approved by the Division and EPA must be utilized to sweep the specified streets and roadways set forth above at Subsection b.

d. Recordkeeping Requirements

Operators of street sweeping equipment working for users of street sanding materials shall maintain records to document the information described below and governmental entities shall maintain on file all reports received or prepared in accordance with these regulations for a period of two years. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division.

i. Date of sweeping operation;

ii. Miles and names of streets or roadways swept;

iii. Type of equipment used;

iv. Reserved

v. Equipment malfunctions and downtime, if any;

vi. Conditions of driving lanes (dry, wet, snow packed, patchy ice, etc.); and vii. General weather conditions at time of sweeping operations.

3. Commercial Core Paid Parking, Commuter Day Pass Parking, and Resident Only Permit Parking in Outlying Areas.

a. Beginning June 1, 1994, within an area of the City of Aspen bounded by and including Main Street, Spring Street, Durant Avenue, and Monarch Street, the City of Aspen shall permit all passenger vehicles to park only upon the payment of at least one dollar ($1.00) per hour parking fee.

b. Beginning June 1, 1994, within an area bounded by and including Aspen Mountain, Fourth Street, Hallam Street, Second Street, Francis Street, the bluff south of the Post Office, Spring Street, the Roaring Fork River, Aspen Mountain and Durant Street, and Dean Street, the City of Aspen shall permit parking for those who display resident parking permits and for those commuters who have purchased an all day parking pass.

4. Implementation of Local Control Strategies

a. City of Aspen

The City of Aspen shall implement and enforce Ordinance Number 74, Series of 1992, as amended by Ordinance Number 47, Series of 1993, as it exists on September 24, 1993. This ordinance limits future growth in emissions from wood burning fireplaces, stoves and restaurant grills. In addition, the City of Aspen shall implement and enforce any ordinance adopted in accordance with these regulations.

The City of Aspen may revise the ordinances as necessary to allow greater use of natural gas burning devices without revising the state implementation plan. Any revision to the ordinances to allow greater use of woodburning devices shall be submitted immediately to the Colorado Air Quality Control Commission and EPA as revisions to the State Implementation Plan. Any amendments to these ordinances shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. All ordinances shall remain in full force and effect until such time as the City obtains full approval of a State Implementation Plan revision.

b. Pitkin County

Pitkin County shall implement and enforce Ordinance Number 18, Series of 1992, as it exists on January 1, 1993. This ordinance limits future growth in emissions from wood burning fireplaces, stoves and restaurant grills. In addition, Pitkin County shall adopt and enforce any resolutions adopted in accordance with these regulations.

Pitkin County may revise the ordinances as necessary to allow greater use of natural gas burning devices without revising the state implementation plan. Any revision to the ordinances to allow greater use of woodburning devices shall be submitted immediately to the Colorado Air Quality Control Commission and the EPA as revisions to the State Implementation Plan. Any amendments to these resolutions shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. Resolution Number 18, Series 1992, shall remain in full force and effect until such time as the County obtains full approval of a State Implementation Plan revision.

c. Recordkeeping Requirements

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

D.Statement of Basis, Specific Statutory Authority and Purpose

Maintenance Plan for Aspen/Pitkin County area

Adopted: January 11, 2001

The amendments to the "State Implementation Plan-Specific Regulation for Nonattainment Areas" implement a maintenance plan and associated changes to the "Ambient Air Quality Standards for the State of Colorado" to redesignate Aspen/Pitkin County as a PM10 attainment area.

The revisions delete several control measures that were included in the EPA-approved State Implementation Plan for the Aspen/Pitkin County area, but which are no longer necessary to maintain the national ambient air quality standard for PM10. The repealed control measures include transit measures, voluntary programs, and additional control measures for Presidents Day, and obsolete reporting requirements. In addition, the rule revision repeals the mandatory contingency measures for the Aspen/Pitkin County area. Federal law does not require the maintenance plan to include such contingency measures.

Federal Requirements

Sections 42 USC 7407(d)(3)(E) and 7505a require the State to submit a maintenance plan that will provide for maintenance of the standard for ten years in order to redesignate areas to attainment. The federal requirements for preparation, adoption and submittal of implementation plans, including the maintenance plan, are set out at 40 CFR, Part 51 . The maintenance plans adopted by the Commission must include the control measures necessary to maintain the national standard for PM10 in the Aspen area for the requisite ten-year period. The Commission has codified the control measures necessary to maintain the PM10 NAAQS in order comply with requirement of 42 USC 7410(a)(2)(A) for such measures to be enforceable.

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

Statutory Authority

Specific and general authority to control PM10 emissions is set out at Sections 25-7-105(1) and 25-7-109(1) and (2), C.R.S. (1999).

Findings pursuant to Section 25-7-110.8

The control measures in the maintenance plan are calculated to maintain the PM10 NAAQS through 2015. The estimates of PM10 pollution associated with sand on streets and roads are based on EPA-approved models and assumptions. The Commission believes the EPA-approved model is inaccurate, but federal rules require the State to use such model to demonstrate the adequacy of the maintenance plan. Thus, the rule revision is based on the only methodology authorized for use by federal law. All methodologies and information made available by interested parties have been considered.

The regulatory revisions adopted by the Commission are the most cost-effective means of maintaining the PM10 NAAQS, and provide flexibility for the regulated community.

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

5 CCR 1001-20-III