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[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22036-22038]
From the Federal Register Online via the Government Printing 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, 
dygowski.laurel@epa.gov.

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]
BILLING CODE 6560-50-P
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