[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Notices]
[Page 54010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25834]
[[Page 54010]]
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ENVIRONMENTAL PROTECTION AGENCY
[CO-001-0036; AD-FRL-6451-7]
Approval and Promulgation of State Implementation Plans; Call for
Visibility SIP Revision for Colorado Class I Visibility Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information notice.
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SUMMARY: EPA hereby gives notice that in a September 22, 1999 letter it
notified the Governor of Colorado that the Colorado State
Implementation Plan (SIP) for Class I Visibility Protection (Visibility
SIP) is substantially inadequate to make reasonable progress toward the
National visibility goal, as specified in section 169A(a)(1) of the
Clean Air Act. Specifically, Colorado's Visibility SIP is substantially
inadequate to remedy existing and prevent future man-made visibility
impairment in Mt. Zirkel Wilderness Area and must be revised.
DATES: A revision to the Colorado Visibility SIP is due within 12
months of the date of EPA's letter to the Governor.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Air and Radiation Program,
999 18th Street, suite 500, Denver, Colorado 80202-2466, (303) 312-
6449.
SUPPLEMENTARY INFORMATION:
I. Background
Section 169A of the Clean Air Act (CAA), 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 1 (referred to herein as the
National visibility goal). Section 169A calls 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
visibility goal. 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\ Mandatory Class I Federal areas include international parks,
national wilderness areas greater than five thousand acres in size,
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 CAA (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 CAA, 42 U.S.C. 7602(i).
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EPA promulgated regulations that require affected States to, among
other things, (1) coordinate development of SIPs with appropriate
Federal Land Managers (FLMs); (2) develop a program to assess and
remedy visibility impairment from new and existing sources; and (3)
develop a long-term 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.
The Colorado SIP for Class I Visibility Protection was approved by
EPA on August 12, 1988 (53 FR 30428). EPA approved subsequent revisions
to this SIP on October 11, 1994 and January 16, 1997 (see 59 FR 51376
and 62 FR 2305, respectively).
On July 14, 1993, the U.S. Forest Service (USFS) certified
visibility impairment in Mt. Zirkel Wilderness Area, a mandatory Class
I Federal area, and named the Hayden and Craig Generating Stations in
the Yampa Valley of northwest Colorado as suspected sources. The USFS
is the FLM for Mt. Zirkel Wilderness Area. Although the State resolved
the certification of impairment with respect to Hayden Station (see 62
FR 2305, January 16, 1997), the State has not resolved the
certification for Craig Generating Station.
II. Finding of Inadequacy
In its September 22, 1999 letter to the Governor of Colorado, EPA
found 2 that the Colorado Visibility SIP is substantially
inadequate to make reasonable progress toward the National visibility
goal, as specified in section 169A(a)(1) of the CAA, 42 U.S.C.
7491(a)(1). Specifically, Colorado's Visibility SIP is substantially
inadequate to remedy existing and prevent future man-made visibility
impairment in Mt. Zirkel Wilderness Area. EPA believes that a Best
Available Retrofit Technology (BART) limit is warranted for Craig
Generating Station and that the current SIP is deficient because it
does not include such a BART or BART equivalent limit.
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\2\ The finding was made pursuant to section 110(k)(5) of the
Clean Air Act, 42 U.S.C. 7410(k)(5).
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III. Call for SIP Revision
The finding of SIP inadequacy requires Colorado to submit a SIP
revision no later than 12 months from the date of EPA's letter to the
Governor. To ensure that the SIP deadline is met, EPA requested the
State to submit an action plan for the development of the SIP revision
within 30 days from receipt of EPA's letter to the Governor. Any
control strategies adopted and implemented as part of this SIP revision
must provide for the remedying of existing and the prevention of future
man-made visibility impairment in Mt. Zirkel Wilderness Area resulting
from Craig Generating Station's emissions.
IV. EPA Action
The finding of inadequacy and call for a SIP revision as set out in
the September 22, 1999 letter to the Governor do not constitute a final
agency action that is ripe for judicial review. EPA's action is a
preliminary step in an ongoing administrative process. See Greater
Cincinnati Chamber of Commerce v. U.S. EPA, 879 F.2d 1379 (6th Cir.
1989). A final agency action will occur when EPA makes a binding
determination regarding the State's response to the SIP call. This
would occur, for example, if EPA either approves or disapproves the SIP
submittal or promulgates a Federal Implementation Plan if the State
does not submit an adequate SIP revision. (See sections 110(c) and
110(k) of the Clean Air Act.) Either action would become final only
after EPA provides public notice and an opportunity for public comment.
A technical support document (TSD) is available from the contact
person listed above. The TSD discusses in more detail the Mt. Zirkel
Wilderness Area certification of visibility impairment issued by the
USFS in 1993, technical studies related to the Craig Generating
Station's contribution to such impairment and available control
technology, the SIP call and legal authority, and the SIP revision
schedule.
List of Subjects in 40 CFR Part 52
Air pollution control, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Sulfur oxides.
Authority: Sections 101, 107, 110, 116 and 301(a) of the Clean
Air Act, as amended (42 U.S.C. 7401, 7407, 7410, 7416 and 7610(a)).
Dated: September 23, 1999.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 99-25834 Filed 10-4-99; 8:45 am]
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