[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44052-44055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number R08-OAR-2004-CO-0005;FRL-7937-1]


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 April 12, 2004. This revision replaces an 
August 19, 1998 submittal from the Governor and updates the Long-Term 
Strategy of the Visibility SIP to establish strategies, activities, and 
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 September 30, 2005, without further 
notice, unless EPA receives adverse comment by August 31, 2005. 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-
2004-CO-0005, 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/index.jsp. 
Regional Materials in EDOCKET (RME), EPA's electronic public docket and 
comment system for regional actions, is EPA's preferred method for 
receiving comments. Follow the on-line instructions for submitting 
comments.
     E-mail: [email protected] and [email protected].
     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 300, 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 300, 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-2004-
CO-0005. 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 no 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 of 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, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on

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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 300, 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, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. August 19, 1998 Submittal
IV. April 12, 2004 Submittal
V. Section 110(1)
VI. Final Action
VII. 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'' ``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-
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 of Northwest Colorado as suspected sources. The USFS is 
the FLM for MZWA. This certification was issued on

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July 14, 1993. Hayden Station was addressed in the State's August 23, 
1996 Long-Term Strategy review and revision (see 62 FR 2305, January 
16, 1997). Craig Generating Station was addressed in the State's April 
19, 2001 Long-Term Strategy review and revision (see 66 FR 35374, July 
5, 2001).

III. August 19, 1998 Submittal

    With an August 19, 1998, letter, the Governor of Colorado submitted 
a revision to the Visibility SIP. This revision was made to fulfill the 
requirements to periodically review and, as appropriate, revise the 
Long-Term Strategy for visibility protection. However, the State 
requested that we delay action on the 1998 submittal because it had not 
yet adopted the necessary requirements for the Craig Generating 
Station. As noted above, those Craig Generating Station requirements 
were adopted by the State in its April 19, 2001, Long-Term Strategy 
revision and have been approved by EPA (see 66 FR 35374, July 5, 2001). 
As a result, the State has now replaced its August 19, 1998, submittal 
with the April 12, 2004, submittal that is the subject of this 
document.

IV. April 12, 2004 Submittal

    With an April 12, 2004, 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 January 31, 2002 
document entitled ``Long-Term Strategy Review and Revision of 
Colorado's State Implementation Plan for Class I Visibility 
Protection.'' 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 February 21, 2002, 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 January 31, 2002 
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. Therefore, they are approvable.

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 January 31, 2002 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 April 12, 2004. 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 September 30, 2005, 
without further notice unless the Agency receives adverse comments by 
August 31, 2005. 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 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 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,

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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 sue 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 September 30, 2005. 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 field, 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: June 30, 2005.
Carol Rushin,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(105) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (105) 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 April 12, 2004. The revisions update 
strategies, activities, and 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 January 
31, 2002 document entitled ``Long-Term Strategy Review and Revision of 
Colorado's State Implementation Plan for Class I Visibility 
Protection,'') effective on February 21, 2002.

[FR Doc. 05-15054 Filed 7-29-05; 8:45 am]
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