Federal Register, Volume 64 Issue 192 (Tuesday, October 5, 1999)

[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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