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, 3773-3776 [06-630]
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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1370 is amended by
adding paragraph (c)(62) to read as
follows:
I
§ 52.1370
Identification of plan.
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*
*
*
*
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(c) * * *
(62) Revisions to State
Implementation Plan were submitted by
the State of Montana on August 25,
2004. The revisions correct internal
references to state documents; correct
references to, or update citations of,
Federal documents; and make minor
editorial changes.
(i) Incorporation by reference.
(A) Administrative Rules of Montana
(ARM) sections: ARM 17.8.130;
17.8.320(9); 17.8.801(22); 17.8.819; and
17.8.822, effective April 9, 2004.
[FR Doc. 06–633 Filed 1–23–06; 8:45 am]
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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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
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 https://
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,
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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 https://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 email 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 https://
docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some
information is not publicly available,
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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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.
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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
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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
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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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.
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 longterm (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
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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,’’
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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.
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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.
V. Section 110(l)
VII. Statutory and Executive Order
Reviews
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.
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
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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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
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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:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
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:
I
§ 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.
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(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.
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AGENCY
40 CFR Parts 52 and 60
[EPA–R08–OAR–2004–MT–0001, FRL–8012–
9]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana; New
Source Performance Standards for
Montana; Final Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
August 20, 2003, except for revisions to
three rules that EPA will act on at a later
date. The revisions modify definitions
and references to federal regulations and
other materials in the Administrative
Rules of Montana. The intended effect
of this action is to make federally
enforceable those provisions that EPA is
approving. This action is being taken
under section 110 of the Clean Air Act.
EFFECTIVE DATE: This final rule is
effective February 23, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2004–MT–0001.
All documents in the docket are listed
on the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 through
E:\FR\FM\24JAR1.SGM
24JAR1
Agencies
[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3773-3776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-630]
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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: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://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 https://
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 https://
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 https://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.
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)(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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