[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Rules and Regulations]
[Pages 47888-47891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-0463; FRL-8957-3]


Approval and Promulgation of State Implementation Plans; State of 
Colorado; Revisions to the Denver Emergency Episode Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions to the Denver Emergency Episode 
Plan submitted by the State of Colorado on September 16, 1997. EPA has 
determined that the Denver Emergency Episode Plan revisions meet the 
requirements for the prevention of air pollution emergency episodes 
with ambient concentrations of air pollutants that may endanger public 
health and welfare. 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.

DATES: This rule is effective on November 17, 2009 without further 
notice, unless EPA receives adverse

[[Page 47889]]

comment by October 19, 2009. 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. EPA-R08-
OAR-2005-0463, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#02746b6667766b616a2c61636e6e6b67426772632c656d74"><span class="__cf_email__" data-cfemail="46302f2223322f252e6825272a2a2f230623362768212930">[email protected]</span></a> and 
<a href="/cdn-cgi/l/email-protection#ddb0bcaea9afbcb3bab8b1b2f3b9b2b0b8b3b4beb29db8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="82efe3f1f6f0e3ece5e7eeedace6edefe7ecebe1edc2e7f2e3ace5edf4">[email protected]</span></a>.
    <bullet> Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
    <bullet> Mail: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
    <bullet> Hand Delivery: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2005-0463. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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 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 http://www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly-available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 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: Domenico Mastrangelo, Air Program, 
U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6436, 
<a href="/cdn-cgi/l/email-protection#620f03111610030c05070e0d4c060d0f070c0b010d220712034c050d14"><span class="__cf_email__" data-cfemail="92fff3e1e6e0f3fcf5f7fefdbcf6fdfff7fcfbf1fdd2f7e2f3bcf5fde4">[email protected]</span></a>.

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. General Information
    What Should I Consider as I Prepare My Comments for EPA?
II. What Is the Purpose of This Action?
III. What Is the State Process To Submit These Materials to EPA?
IV. EPA's Evaluation of the Denver Emergency Episode Plan Revisions
V. Final Action
VI. Statutory and Executive Order Review

I. General Information

    What Should I Consider as I Prepare My Comments for EPA?
    1. Submitting CBI. Do not submit CBI to EPA through http://www.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:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. 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.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. What Is the Purpose of This Action?

    EPA is approving the Denver Emergency Episode Plan (DEEP) adopted 
into the State of Colorado SIP on February 28, 1996, and submitted to 
EPA September 16, 1997. The 1996 DEEP satisfies 40 CFR part 51, subpart 
H, which requires a plan to prevent ambient concentrations of air 
pollutants from reaching levels that may endanger public health and 
welfare.

[[Page 47890]]

III. What Is the State Process To Submit These Materials to EPA?

    The provisions of Section 110(k) of the CAA govern EPA's review of 
SIP revisions submittals. The CAA also requires States to follow 
certain procedural requirements when developing SIP revisions that are 
submitted to EPA. Section 110(a)(2) of the CAA requires that each SIP 
revision be adopted after reasonable notice and public hearing, a 
process which must occur prior to submitting the revision to EPA.
    The Colorado Air Quality Control Commission (AQCC) held a public 
hearing to propose revisions to the 1972 DEEP on January 18, 1996, 
adopted the revised plan on February 28, 1996, and submitted the 
revisions to EPA on September 16, 1997. However, this submittal was 
affected by copying issues, and the version EPA received was missing 
several pages. Therefore, EPA requested a replacement copy on March 4, 
2009, and, on April 28, 2009, the AQCC office provided a complete copy 
of the original September 16, 1997 submittal package from the AQCC 
archives.
    We have evaluated the submittal of these SIP revisions by the State 
of Colorado and have determined that the State met the requirements for 
reasonable notice and public hearing under Section 110(a)(2) of the 
CAA.

IV. EPA's Evaluation of the Denver Emergency Episode Plan Revisions

    EPA has reviewed the 1996 Denver Emergency Episode Plan, submitted 
on September 16, 1997 and has determined that approval is warranted. 
The original Denver Emergency Episode Plan was adopted by the Colorado 
AQCC in January 1972 and approved by EPA in May of the same year (37 FR 
10842, May 31, 1972.) The revisions EPA is acting on today apply to the 
Denver metropolitan area (including the Denver, Jefferson, and Douglas 
Counties as well as portions of Adams, Arapahoe, and Boulder Counties) 
for the following criteria pollutants: 8-hour Carbon Monoxide (CO), 1-
hour Ozone (O3), and 24-hour PM<INF>10</INF>, particulate matter with 
an aerodynamic diameter less than or equal to 10 micrometers.
    The revised Denver Emergency Episode Plan, adopted by the Colorado 
AQCC in February of 1996, makes substantive and administrative changes 
to the 1972 DEEP. The substantive changes reflect EPA's July 1, 1987 
promulgation of a rule (52 FR 24634) that changed the indicator for 
particulate matter from Total Suspended Particulate (TSP) to 
PM<INF>10</INF>. This rule simultaneously promulgated primary and 
secondary ambient air quality standards for PM<INF>10</INF> intended to 
be more protective of the public health and the environment.\1\
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    \1\ PM<INF>10</INF> was defined as airborne particulate matter 
with an aerodynamic diameter of less than or equal to ten microns. 
The 24-hour primary PM<INF>10</INF> standard was set to 150 [mu]g/
m\3\, with no more than one expected exceedance per year, replacing 
the 24-hour TSP standard of 260 [mu]g/m\3\. The annual primary 
PM<INF>10</INF> standard was set to 50 [mu]g/m\3\, expected annual 
arithmetic mean, replacing the annual TSP standard of 75 [mu]g/m\3\, 
annual geometric mean.
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    The 1996 Denver Emergency Episode Plan retained the 1972 plan's 
three contingency stages (Alert, Warning, and Emergency), thus 
satisfying the 40 CFR 51.152 requirement that contingency plans include 
two or more contingency stages. The 1996 Plan also adopted EPA's 
contingency thresholds (40 CFR part 51, Appendix L) for each of the 
pollutants noted above. During the years since the adoption of the 
revised Plan in 1996, the levels of CO, 1-hour Ozone, and 24-hour 
PM<INF>10</INF>, registered at monitoring stations in the Denver 
metropolitan area remained well below the thresholds triggering 
contingency plans for the Alert stage. Furthermore, during the October 
2001 to October 2002 period the Denver metropolitan area was 
redesignated to attainment with the NAAQS for these three criteria 
pollutants.\2\
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    \2\ The effective dates for redesignation to attainment were 
October 11, 2001 for 1-hour Ozone (66 FR 47086, September 11, 2001), 
January 14, 2002 for Carbon Monoxide (66 FR 64751, December 14, 
2001), and October 16, 2002 for 24-hour PM<INF>10</INF> (67 FR 
58335, September 16, 2002.)
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    The Plan's administrative changes included style and terminology 
updates, as well as identification of the State of Colorado departments 
and offices responsible to implement specific contingency measures. We 
believe these administrative changes are not substantive.

V. Final Action

    EPA is approving the State of Colorado's Denver Emergency Episode 
Plan, submitted on September 16, 1997, and is amending 40 CFR 52.321 to 
reflect that the State has adequately revised its Plan to comply with 
the requirements of 40 CFR part 51, subpart H in light of the 1987 
PM<INF>10</INF> standard.
    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 November 17, 2009 
without further notice unless the Agency receives adverse comments by 
October 19, 2009. 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.

VI. Statutory and Executive Order Review

A. General Requirements

    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, 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:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

[[Page 47891]]

    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 17, 2009. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
Organic Compounds.

    Dated: September 4, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended 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 52.321 is amended by revising the introductory text to read 
as follows:


Sec.  52.321  Classification of regions.

    The revised Denver Emergency Episode Plan, adopted by the State of 
Colorado February 28, 1996, was submitted by the Governor of Colorado 
with a September 16, 1997 letter.
* * * * *

[FR Doc. E9-22279 Filed 9-17-09; 8:45 am]
BILLING CODE 6560-50-P


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