[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22036-22038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9580]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1036; FRL-9297-1]
Approval and Promulgation of State Implementation Plans; State of
Colorado; Interstate Transport of Pollution Revisions for the 1997 8-
Hour Ozone and 1997 PM2.5 NAAQS: ``Interference With Visibility''
Requirement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving the Colorado Interstate Transport
State Implementation Plan (SIP) revision, submitted on March 31, 2010,
addressing the requirements of Clean Air Act (CAA) section
110(a)(2)(D)(i)(II) for the 1997 ozone National Ambient Air Quality
Standards (NAAQS), and the requirements of CAA section
110(a)(2)(D)(i)(I) and (II) for the 1997 PM2.5 NAAQS.
Specifically, in this Federal Register action EPA is fully approving
those portions of the Colorado March 31, 2010 submission that address
the section 110(a)(2)(D)(i)(II) requirement prohibiting a state's
emissions from interfering with any other state's required measures to
protect visibility for the 1997 ozone and PM2.5 NAAQS. This
action is being taken under section 110 of the CAA.
DATES: Effective Date: This final rule is effective May 20, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1036. All documents in the docket are listed on
the http://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 http://www.regulations.gov or in hard copy at
the Air Program, Environmental Protection Agency (EPA), Region 8, 1595
Wynkoop Street, Denver, Colorado 80202-1129. 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: Laurel Dygowski, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6144,
[email protected].
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words Colorado and State mean the State of Colorado.
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and
for fine particulate matter (PM2.5). This action is being
taken in response to the promulgation of the 1997 8-hour ozone and
PM2.5 NAAQS. Section 110(a)(1) of the CAA requires states to
submit SIPs to address a new or revised NAAQS within 3 years after
promulgation of such standards, or within such shorter period as EPA
may prescribe. Section 110(a)(2) lists the elements that such new SIPs
must address, as applicable, including section 110(a)(2)(D)(i), which
pertains to interstate transport of certain emissions.
Section 110(a)(2)(D)(i) of the CAA requires that a SIP must contain
adequate provisions prohibiting any source or other type of emissions
activity within the state from emitting any air pollutant in amounts
which will: (1) Contribute significantly to nonattainment of the NAAQS
in any other state; (2) interfere with maintenance of the NAAQS by any
other state; (3) interfere with any other state's required measures to
prevent significant deterioration of air quality; or (4) interfere with
any other state's required measures to protect visibility.
On June 11, 2008, the State of Colorado submitted to EPA an
Interstate Transport SIP addressing all four elements of the interstate
transport requirements of CAA section 110(a)(2)(D)(i) for the 1997
ozone and
[[Page 22037]]
PM2.5 NAAQS. In response to EPA's concerns regarding the
June 11, 2008 submission, the State later submitted two superceding
interstate transport SIP revisions: (a) A June 18, 2009 submission
addressing the requirements of elements (1) and (2) of section
110(a)(2)(D)(i) for the 1997 ozone NAAQS; and (b) a March 31, 2010
submission addressing the requirements of elements (3) and (4) for the
1997 8-hour ozone NAAQS and of elements (1) through (4) for the 1997
PM2.5 NAAQS.
On February 14, 2011, EPA published a notice of proposed rulemaking
(NPR) for the State of Colorado. The NPR proposed approval of the
sections of the Colorado Interstate Transport SIP submitted March 31,
2010 that address the section 110(a)(2)(D)(i)(II) ``interference with
visibility protection'' requirement for the 1997 ozone and
PM2.5 NAAQS.
II. Final Action
EPA is partially approving the sections of the Colorado Interstate
Transport SIP submitted March 31, 2010 that address the section
110(a)(2)(D)(i)(II) ``interference with visibility protection''
requirement for the 1997 ozone and PM2.5 NAAQS. On January
13, 2010, the Colorado Air Quality Control Commission (AQCC) adopted
interstate transport SIP revisions addressing the requirements of CAA
section 110(a)(2)(D)(i)(II) for the 1997 ozone NAAQS, and the
requirements of CAA section 110(a)(2)(D)(i)(I) and (II) for the 1997
PM2.5 NAAQS. Colorado submitted these revisions to EPA on
March 31, 2010. In this Federal Register action EPA is proposing to
approve the sections of the March 31, 2010 submissions that address
element (4), ``interference with visibility protection,'' of section
110(a)(2)(D)(i).
As noted earlier, in this rulemaking EPA is evaluating only the
Colorado SIP revisions of the March 31, 2010 submission that address
the requirements of element (4), prohibiting sources in Colorado from
emitting pollutants from interfering with any other state's measures to
protect visibility, for the 1997 ozone and PM2.5 NAAQS. EPA
has already taken final action on elements (1) and (2) for ozone (see
75 FR 31306 and 75 FR 71029, respectively). EPA will be taking action
on elements (1)-(3) for PM2.5 and element (3) for ozone in a
separate action.
III. Statutory and Executive Orders Review
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, 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 approves a state rule
implementing a Federal standard.
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 June 20, 2011. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 6, 2011.
Carol Rushin,
Deputy Regional Administrator, Region 8.
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.
[[Page 22038]]
Subpart G--Colorado
0
2. Section 52.352 is revised to read as follows:
Sec. 52.352 Interstate transport.
Addition to the Colorado State Implementation Plan of the Colorado
Interstate Transport SIP regarding the 1997 8-Hour Ozone Standard for
the ``significant contribution'', the ``interfere with maintenance'',
and ``interference with visibility protection'' requirements, submitted
by the Governor's designee on June 18, 2009 and March 31, 2010.
[FR Doc. 2011-9580 Filed 4-19-11; 8:45 am]
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