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Clean Air Act Approval and Promulgation of Air Quality Implementation Plan Revision for Colorado; Long-Term Strategy of State Implementation Plan for Class I Visibility Protection
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3773-3776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja06-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-CO-0002; FRL-8010-2]
Clean Air Act Approval and Promulgation of Air Quality
Implementation Plan Revision for Colorado; Long-Term Strategy of State
Implementation Plan for Class I Visibility Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revision submitted by the Governor of
Colorado with a letter dated March 24, 2005. This revision updates the
Long-Term Strategy of the Visibility SIP to establish strategies,
activities, and monitoring plans that constitute reasonable progress
toward the National visibility goal. This action is being taken under
section 110 of the Clean Air Act.
DATES: This rule is effective on March 27, 2006 without further notice,
unless EPA receives adverse comment by February 23, 2006. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. R08-OAR-
2005-CO-0002, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? Agency Web site: http://docket.epa.gov/rmepub/. On
November 28, 2005, Regional Material in EDOCKET (RME), EPA's electronic
public docket and comment system, was replaced by an enhanced Federal-
wide electronic docket management and comment system located at http://
www.regulations.gov. Therefore, you will be redirected to that
site to access the docket EPA-R08-OAR-2005-CO-0002 and submit comments.
Follow the on-line instructions for submitting comments.
? E-mail: long.richard@epa.gov and platt.amy@epa.gov.
? Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
? Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
? Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. R08-OAR-2005-
CO-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at http://
docket.epa.gov/rmepub/index.jsp, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some information is not publicly available,
[[Page 3774]]
i.e., CBI or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in Regional Materials in EDOCKET or in hard copy at the
Air and Radiation Program, Environmental Protection Agency (EPA),
Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. EPA
requests that if at all possible, you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8, (303) 312-6449, platt.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. March 24, 2005 Submittal
IV. Section 110(l)
V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word Act or initials CAA mean the Clean Air Act, unless the
context indicates otherwise.
(ii) The word we or initials EPA mean the United States
Environmental Protection Agency.
(iii) The initials SIP mean State Implementation Plan.
(iv) The word State or initials CO mean the State of Colorado,
unless the context indicates otherwise.
(v) The initials FLM mean Federal Land Manager.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
Section 169A of the Clean Air Act (CAA),\1\ 42 U.S.C. 7491,
establishes as a National goal the prevention of any future, and the
remedying of any existing, anthropogenic visibility impairment in
mandatory Class I Federal areas \2\ (referred to herein as the
``National goal'' or ``National visibility goal''). Section 169A called
for EPA to, among other things, issue regulations to assure reasonable
progress toward meeting the National visibility goal, including
requiring each State with a mandatory Class I Federal area to revise
its SIP to contain such emission limits, schedules of compliance and
other measures as may be necessary to make reasonable progress toward
meeting the National goal (see CAA section 169A(b)(2)). Section
110(a)(2)(J) of the CAA, 42 U.S.C. 7410(a)(2)(J), similarly requires
SIPs to meet the visibility protection requirements of the CAA.
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\1\ The Clean Air Act is codified, as amended, in the U.S. Code
at 42 U.S.C. 7401, et seq.
\2\ Mandatory class I Federal areas include international parks,
national wilderness areas, and national memorial parks greater than
five thousand acres in size, and national parks greater than six
thousand acres in size, as described in section 162(a) of the Act
(42 U.S.C. 7472(a)). Each mandatory Class I Federal area is the
responsibility of a ``Federal land manager'' (FLM), the Secretary of
the department with authority over such lands. See section 302(i) of
the Act, 42 U.S.C. 7602(i).
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We promulgated regulations that required affected States to, among
other things, (1) coordinate development of SIPs with appropriate FLMs;
(2) develop a program to assess and remedy visibility impairment from
new and existing sources; and (3) develop a long-term (10-15 years)
strategy to assure reasonable progress toward the National visibility
goal. See 45 FR 80084, December 2, 1980 (codified at 40 CFR 51.300-
51.307). The regulations provide for the remedying of visibility
impairment that is reasonably attributable to a single existing
stationary facility or small group of existing stationary facilities.
These regulations require that the SIPs provide for periodic review,
and revision as appropriate, of the Long-Term Strategy not less
frequently than every three years, that the review process include
consultation with the appropriate FLMs, and that the State provide a
report to the public and EPA that includes an assessment of the State's
progress toward the National visibility goal. See 40 CFR 51.306(c).
On July 12, 1985 (50 FR 28544) and November 24, 1987 (52 FR 45132),
we disapproved the SIPs of states, including Colorado, that failed to
comply with the requirements of the provisions of 40 CFR 51.302
(visibility general plan requirements), 51.305 (visibility monitoring),
and 51.306 (visibility long-term strategy). We also incorporated
corresponding Federal plans and regulations into the SIPs of these
states pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1).
The Governor of Colorado submitted a SIP revision for visibility
protection on December 21, 1987, which met the criteria of 40 CFR
51.302, 51.305, and 51.306 for general plan requirements, monitoring
strategy, and long-term strategies. We approved this SIP revision in
the August 12, 1988 Federal Register (53 FR 30428), and this revision
replaced the Federal plans and regulations in the Colorado Visibility
SIP. The Governor of Colorado submitted a subsequent SIP revision for
visibility protection with a letter dated November 18, 1992, which we
approved on October 11, 1994 (59 FR 51376).
After Colorado's 1992 Long-Term Strategy review, the U.S. Forest
Service (USFS) certified visibility impairment at Mt. Zirkel Wilderness
Area (MZWA) and named the Hayden and Craig generating stations in the
Yampa Valley
[[Page 3775]]
of Northwest Colorado as suspected sources. The USFS is the FLM for
MZWA. This certification was issued on July 14, 1993. Emissions from
the Hayden Station were addressed in the State's August 23, 1996 Long-
Term Strategy review and revision (see 62 FR 2305, January 16, 1997).
Emissions from the Craig Generating Station were addressed in the
State's April 19, 2001 Long-Term Strategy review and revision (see 66
FR 35374, July 5, 2001).
The State conducted its next complete periodic review and revision
of the long-term strategy in 2002. With an April 12, 2004, letter, the
Governor of Colorado submitted that revision to the Long-Term Strategy
of Colorado's SIP for Class I Visibility Protection, which we approved
on August 1, 2005 (70 FR 44052).
III. March 24, 2005 Submittal
With a March 24, 2005 letter, the Governor of Colorado submitted a
revision to the Long-Term Strategy of Colorado's SIP for Class I
Visibility Protection, contained in Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection.'' This revision was made to fulfill the requirements to
periodically review and, as appropriate, revise the Long-Term Strategy.
The CAA requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the CAA provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing. Section 110(l) of the CAA similarly provides that each
revision to an implementation plan submitted by a State under the CAA
must be adopted by such State after reasonable notice and public hearing.
After providing adequate notice, the Colorado Air Quality Control
Commission (AQCC) held a public hearing on November 18, 2004 to
consider the proposed revision to the Long-Term Strategy of the
Colorado Visibility SIP and adopted the revision. We have reviewed the
SIP revision and have determined that it adequately demonstrates that
the State is making reasonable progress toward the National visibility
goal.
The SIP revision is contained in Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection.'' Part II, ``Revision of the Long-Term Strategy,''
incorporates by reference requirements for the Hayden and Craig
Generating Stations, including emissions limits and schedules of
compliance, as previously approved by EPA on January 16, 1997 (see 62
FR 2305) and July 5, 2001 (see 66 FR 35374). Part II also contains
provisions that are explanatory and analyses that are required by
section 169A of the CAA, Federal visibility regulations (40 CFR 51.300
to 51.307), and/or the Colorado Visibility SIP. These requirements
address existing impairment, ongoing air pollution programs, smoke
management practices, prevention of future impairment, and FLM
consultation and communication. These revisions are consistent with
Federal requirements and demonstrate reasonable further progress toward
the National visibility goal as required by 40 CFR 51.306. Therefore,
they are approvable.
In addition, Appendix B of Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection,'' contains an update of section XIV, Visibility, of Part D
of the Colorado Air Quality Control Commission Regulation No. 3
(Stationary Source Permitting and Air Pollutant Emission Notice
Requirements). Although this section has not changed substantively
since it was last incorporated into the Visibility SIP (see 53 FR
30431, August 12, 1988, and 59 FR 51379, October 11, 1994), it has been
recodified. Therefore, for clarification purposes, we are also
approving this recodified version of the State's visibility regulations
in order to update the version incorporated into the Visibility SIP.
V. Section 110(l)
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. The Colorado
SIP revisions that are the subject of this document are consistent with
Federal requirements and rules. These revisions were made to
demonstrate reasonable further progress toward the National visibility
goal, as required by the Act. They do not interfere with the attainment
or maintenance of the NAAQS or other applicable requirements of the Act.
VI. Final Action
We have reviewed the adequacy of the State's revision to the Long-
Term Strategy of Colorado's SIP for Class I Visibility Protection,
contained in Part II of the November 18, 2004 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation
Plan for Class I Visibility Protection,'' as submitted by the Governor
with a letter dated March 24, 2005. We are approving the revision as
demonstrating reasonable further progress toward the National
visibility goal as required by 40 CFR 51.306.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective March 27, 2006 without
further notice unless the Agency receives adverse comments by February
23, 2006. If the EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility
[[Page 3776]]
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
? 40 CFR part 52 is amended to read as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
? 2. Section 52.320 is amended by adding paragraph (c)(108) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(108) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on March 24, 2005. The revisions update
strategies, activities, and monitoring plans that constitute reasonable
progress toward the National visibility goal.
(i) Incorporation by reference.
(A) ``Revision of the Long-Term Strategy'', Part II of the November
18, 2004 document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection,'' effective November 18, 2004.
(B) Colorado Air Quality Control Commission Regulation No. 3,
``Stationary Source Permitting and Air Pollutant Emission Notice
Requirements'', 5 CCR 1001-5, Part D, Section XIV, Visibility,
Subsections A through F, effective April 16, 2004.
[FR Doc. 06-630 Filed 1-23-06; 8:45 am]
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