[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47884-47885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0177; FRL-9999-34-Region 8]


Approval and Promulgation of Implementation Plans; Colorado; 
Regional Haze 5-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Colorado through the Colorado Department of Public Health and 
Environment (CDPHE) on May 2, 2016. Colorado's May 2, 2016 SIP revision 
(Progress Report) addresses requirements of the Clean Air Act (CAA or 
Act) and the EPA's rules that require each state to submit periodic 
reports describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing SIP addressing regional haze (regional haze plan). 
The EPA is finalizing approval of Colorado's determination that the 
State's regional haze plan is adequate to meet these RPGs for the first 
implementation period through 2018 and requires no substantive revision 
at this time.

DATES: This rule is effective on October 11, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0177. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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 through http://www.regulations.gov, or please contact the person identified in the For 
Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, (303) 312-6175, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    States are required to submit a progress report in the form of a 
SIP revision for the first implementation period that evaluates 
progress towards the RPGs for each mandatory Class I Federal area \1\ 
(Class I area) within the state and for each Class I area outside the 
state which may be affected by emissions from within the state (40 CFR 
51.308(g)). In addition, the provisions of 40 CFR 51.308(h) require 
states to submit, at the same time as the 40 CFR 51.308(g) progress 
report, a determination of the adequacy of the state's existing 
regional haze plan. The first progress report is due 5 years after 
submittal of the initial regional haze plan. Colorado submitted the 
initial regional haze SIP on May 25, 2011 and EPA approved the SIP on 
December 31, 2012.\2\
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6,000 acres, wilderness areas and 
national memorial parks exceeding 5,000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
These areas are listed at 40 CFR part 81, subpart D.
    \2\ 77 FR 76871 (December 31, 2012), codified at 40 CFR 
52.320(c)(108)(i)(C) and (c)(124).
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    On May 2, 2016, Colorado submitted its Progress Report which, among 
other things, detailed the progress made in the first period toward 
implementation of the long-term strategy outlined in the State's 
regional haze plan; the visibility improvement measured at the twelve 
Class I areas within Colorado and a determination of the adequacy of 
the State's existing regional haze plan.
    In a notice of proposed rulemaking (NPRM) published on July 17, 
2019 (84 FR 34083), the EPA proposed to approve Colorado's Progress 
Report. The details of Colorado's submission and the rationale for the 
EPA's actions are explained in the NPRM. The EPA did not receive any 
public comments on the NPRM.

II. Final Action

    EPA is finalizing without revisions its proposed approval of 
Colorado's May 2, 2016 Progress Report as meeting the applicable 
regional haze requirements set forth in 40 CFR 51.308(g) and (h).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an

[[Page 47885]]

Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    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 action 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 November 12, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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(e) is amended in the table by adding the entry 
``Regional Haze 5 Year Progress Report'' after the entry for ``State 
Implementation Plan for Class I Visibility Protection, State of 
Colorado'' under the heading ``Visibility'' to read as follows:


Sec.  52.320   Identification of plan.

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    (e) * * *

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                                        State       EPA effective  Final rule citation/
              Title                effective date       date               date                 Comments
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                                                  * * * * * * *
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                                          Local Ordinances/Resolutions
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                                                  * * * * * * *
Visibility
 
                                                  * * * * * * *
Regional Haze 5 Year Progress          11/19/2015      10/11/2019  [Insert Federal      ........................
 Report.                                                            Register
                                                                    citation], 9/11/
                                                                    2019.
 
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[FR Doc. 2019-19547 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P