[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Proposed Rules]
[Pages 16032-16037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6893]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1032; FRL-9131-4]
Approval and Promulgation of State Implementation Plans; State of
Colorado; Interstate Transport of Pollution Revisions for the 1997 8-
Hour Ozone NAAQS: ``Significant Contribution to Nonattainment''
Requirement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing partial
approval of the State Implementation Plan (SIP) revisions ``State of
Colorado Implementation Plan to Meet the Requirements of Clean Air Act
Section 110(a)(2)(D)(i)(I)--Interstate Transport Regarding the 1997 8-
Hour Ozone Standard'' submitted by the State of Colorado on June 18,
2009. The Colorado Interstate Transport SIP revisions submitted June
18, 2009 address the requirements of Clean Air Act section
110(a)(2)(D)(i)(I) for the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS). In this Federal Register action EPA proposes
approval of the Colorado SIP sections that address the requirement of
section 110(a)(2)(D)(i)(I) prohibiting a state's emissions from
contributing significantly to any other state's nonattainment of the
NAAQS. EPA will act at a later date on the Colorado Interstate
Transport SIP sections that address the requirement prohibiting a
state's emissions from interfering with any other state's maintenance
of the NAAQS. This action is being taken under section 110 of the Clean
Air Act.
DATES: Comments must be received on or before April 30, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-1032, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: [email protected] and
[email protected].
Fax: (303) 312-6064 (please alert the individual listed
under FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
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Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, 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-
2007-1032. 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, 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, Denver, Colorado 80202-1129, (303) 312-6436,
[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. General Information
What Should I Consider as I Prepare My Comments for EPA?
II. Background Information
III. What Action Is EPA Proposing?
IV. What Is the State Process To Submit These Materials to EPA?
V. EPA's Review and Technical Information
VI. Proposed Action
VII. Statutory and Executive Order Reviews
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. Background Information
Section 110(a)(2)(D)(i) of the CAA requires that a state's 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 the interstate transport
requirements of CAA section 110(a)(2)(D)(i) for the 1997
PM2.5 and 8-hour ozone NAAQS. In response to EPA's concerns
with the June 11, 2008 submittal, on December 30, 2008 the State
adopted and on June 18, 2009 submitted a revised SIP addressing the
requirements of elements (1) and (2) of section 110(a)(2)(D)(i) for the
1997 8-hour ozone NAAQS. The State of Colorado is planning to submit in
June 2010 further revisions addressing the requirements of elements (3)
and (4) for the 1997 8-hour ozone NAAQS and the requirements of
elements (1) through (4) for the 1997 PM2.5 NAAQS.
[[Page 16034]]
III. What Action Is EPA Proposing?
EPA is proposing partial approval of the Colorado Interstate
Transport of Air Pollution SIP addressing the requirements of CAA
section 110(a)(2)(D)(i)(I) for the 1997 8-hour ozone NAAQS. On December
30, 2008, the Colorado Air Quality Control Commission (AQCC) adopted
the ``State of Colorado Implementation Plan to Meet the Requirements of
the Clean Air Act Section 110(a)(2)(d)(i)(I)--Interstate Transport
Regarding the 1997 8-Hour Ozone Standard.'' Colorado submitted the
December 30, 2008 SIP revision to EPA on June 18, 2009. In this Federal
Register action EPA is proposing to approve only the language and
demonstration that addresses element (1) of section 110(a)(2)(D)(i):
Prohibition of significant contribution to nonattainment of the 1997 8-
hour ozone NAAQS in any other state.
IV. What Is the State Process To Submit These Materials to EPA?
Section 110(k) of the CAA addresses EPA's rulemaking action on SIP
submissions by states. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
EPA. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to EPA.
The Colorado AQCC held a public hearing in December 2008 for the
interstate transport SIP revision: ``State of Colorado Implementation
Plan to Meet the Requirements of Clean Air Act Section
110(a)(2)(D)(i)(I)--Interstate Transport Regarding the 1997 8-Hour
Ozone Standard.'' The AQCC adopted this revision on December 30, 2008,
and the State submitted it to EPA on June 18, 2009.
On November 18, 2009, the AQCC provided EPA with an exact color
duplicate of the SIP adopted by the AQCC on December 30, 2008 and
included in the June 18, 2009 submittal to EPA. In the original
submittal, AQCC provided a black and white copy. The SIP's color
duplicate, available for review as part of the Docket, makes it easier
to understand modeling results reported in several graphs that are part
of the SIP technical demonstration.
EPA has reviewed the submittal from the State of Colorado and has
determined that the State met the requirements for reasonable notice
and public hearing under section 110(a)(2) of the CAA.
V. EPA's Review and Technical Information
The interstate transport provisions at CAA section 110(a)(2)(D)(i),
also referred to as the ``good neighbor'' provisions, require that each
state's SIP contain adequate provisions prohibiting emissions that
adversely affect any other state's air quality through interstate
transport of air pollutants. As discussed in the Background Information
section of this notice, a state's SIP must contain provisions that
satisfy the four elements of section 110(a)(2)(D)(i). On August 15,
2006, EPA issued guidance for SIP submissions addressing the
requirements of section 110(a)(2)(D)(i) for the 1997 PM2.5
and 8-hour ozone NAAQS.\1\ The portions of the Colorado Interstate
Transport SIP revision that address element (1) of section
110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS are consistent with
EPA's 2006 guidance.
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\1\ Memorandum from William T. Harnett entitled Guidance for
State Implementation Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
Ozone and PM2.5 National Ambient Air Quality Standards
(Aug. 15, 2006) (``2006 Guidance''). Available for review in EPA's
January 14, 2010 docket document entitled: ``Relevant Guidance and
Supporting Documentation for the Proposed Rulemaking Federal
Register Action Docket ID EPA-R08-OAR-2007-1032.
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To demonstrate that emissions from Colorado do not contribute
significantly to nonattainment of the 1997 8-hour ozone NAAQS in any
other state, the Colorado Interstate Transport SIP relies on a
combination of: (a) Modeling analysis done by the State as part of the
attainment demonstration SIP for the Denver Metropolitan Area/North
Front Range (DMA/NFR) nonattainment area for the 1997 8-hour ozone
standard; (b) monitoring data gathered by states and reported to EPA in
the Air Quality System (AQS) database; and (c) considerations of
geographical and meteorological factors. In this action, EPA expands on
the analysis of geographical and meteorological factors, and of ozone
concentration levels reflecting AQS monitoring data.
Section 110(a)(2)(D)(i) provides that EPA cannot approve a state's
SIP for a new or revised NAAQS unless it contains adequate measures to
prohibit emissions from sources within the state from contributing
significantly to nonattainment of the NAAQS in another state. EPA's
August 15, 2006 guidance to states concerning section 110(a)(2)(D)(i)
recommended various methods by which states might evaluate whether or
not its emissions significantly contribute to violations of the 1997
ozone standards in another state. Among other methods, EPA recommended
consideration of available EPA modeling conducted in conjunction with
CAIR,\2\ or in the absence of such EPA modeling, consideration of other
information such as the amount of emissions, the geographic location of
violating areas, meteorological data, or various other forms of
information that would be relevant to assessing the likelihood of
significant contribution to violations of the NAAQS in another state.
The assessment of significant contribution to nonattainment is not
restricted to impacts upon areas that are formally designated
nonattainment. Consistent with EPA's approach in CAIR, this impact must
be evaluated with respect to any monitors showing a violation of the
NAAQS (70 FR 25172, May 12, 2005, and 63 FR 57371, October 27, 1998).
Furthermore, although relevant information other than modeling may be
considered in assessing the likelihood of significant contribution to
violations of the 1997 8-hour ozone standard in another state, EPA
notes that no single piece of information in the following discussion
is by itself dispositive of the issue. Instead, the total weight of all
the evidence taken together supports the conclusion that emissions from
Colorado sources are unlikely to contribute significantly to violations
of the 1997 8-hour ozone standard in any other state.
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\2\ In this action the expression ``CAIR'' refers to the final
rule published in the May 12, 2005 Federal Register and entitled
``Rule to Reduce Interstate Transport of Fine Particulate Matter and
Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program;
Revisions to NOX SIP Call; Final Rule'' (70 FR 25162).
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The Colorado Interstate Transport SIP uses results from Colorado's
2009 ``8-Hour Ozone Attainment Plan'' for the DMA/NFR nonattainment
area, and a report from the Western States Air Resource (WESTAR)
Council to underscore that: (a) Local anthropogenic ozone contribution
to high ozone concentrations in Denver is only about 25%; and (b) on
days of highest ozone concentrations (reflecting a design value of 84.9
ppb) in the DMA/NFR area, the projected design values decrease to 63
ppb or less for all downwind Colorado counties east of an imaginary
north-south line approximately 70 miles east from Denver.\3\ EPA does
not accept the State of Colorado Interstate Transport SIP assessment
that these results
[[Page 16035]]
demonstrate that `` the magnitude of ozone transport from Colorado to
other states is too low to significantly contribute to nonattainment in
* * * any other state with respect to the 0.08 ppb NAAQS.'' \4\
Similarly, EPA does not accept the claim in Colorado's SIP that the
absence of violations of the 8-hour ozone NAAQS in adjacent downwind
states such as Kansas, Nebraska and Wyoming suffices to show that
emissions from Colorado sources do not significantly affect farther
downwind ozone nonattainment areas such as St. Louis.\5\ The relatively
limited contribution of local emissions to nonattainment in the DMA/
NFR, the quick drop in ozone levels in the easternmost Colorado
counties, and even the substantial gap between the 1997 NAAQS and
design values in adjacent downwind states do not exclude a potential
significant contribution from Colorado emissions to downwind
nonattainment areas. However, as a reflection of emission levels, the
relatively (to the 1997 8-hour ozone NAAQS) moderate ozone
concentrations in eastern Colorado and in adjacent downwind states
somewhat reduces the probability of significant ozone contribution from
Colorado emission sources to considerably farther downwind
nonattainment areas such as St. Louis, Missouri, and Chicago, Illinois.
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\3\ See Figure 5, page 15 of the Interstate Transport SIP
submitted June 18, 2009. It must be noted that the modeling analysis
domain for the DMA/NFR attainment plan was limited to the State
territory, and that the 70-mile distance represents the approximate
distance from Denver to the western border of Morgan County.
\4\ ``State of Colorado Implementation Plan to Meet the
Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I)--Interstate
Transport Regarding the 1997 8-hour Ozone Standard,'' p. 17,
December 12, 2009.
\5\ Ibid., pp. 8-9.
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In addition, significant contribution should be measured not just
against nonattainment areas, but also against areas with monitors
showing violations of the NAAQS. That said, nonattainment areas are a
convenient starting point for EPA's analysis. For the 1997 8-hour ozone
NAAQS, the St. Louis area and the Illinois and Wisconsin Counties along
the southwestern shore of Lake Michigan (Illinois/Wisconsin area) are
the designated downwind nonattainment areas closest to Colorado.\6\
EPA's evaluation of whether emissions from Colorado contribute
significantly to ozone nonattainment in these areas relies on an
examination of a variety of data and analysis that provide insight on
ozone transport from Colorado to these two areas. Because EPA does not
have detailed modeling for Colorado and nearby downwind states, our
approach does not rely on a quantitative determination of Colorado's
contribution, as EPA did for other states in its CAIR rulemaking, but
on a weight-of-evidence analysis based on qualitative assessments and
estimates of the relevant factors. While conclusions reached for each
of the factors considered in the following analysis are not in and by
themselves determinative, consideration of all of these factors
provides a reliable qualitative conclusion on whether Colorado's
emissions are likely to contribute significantly to nonattainment in
the St. Louis and the Illinois/Wisconsin areas.
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\6\ The Wisconsin nonattainment areas for the 1997 8-hour ozone
standard include: Door, Kewaunee, Manitowoc, Sheboygan, Ozaukee,
Washington, Milwaukee, Waukesha, Racine and Kenosha counties; the
Chicago nonattainment area includes Cook County and several adjacent
Illinois and Indiana counties (69 FR 23858, April 30, 2004).
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The Illinois/Wisconsin nonattainment area is approximately 900
miles east/northeast from the Colorado DMA/NFR area. Distance per se is
not an obstacle to long range transport of ozone and/or its precursors,
as discussed in the January 30, 2004 notice proposing CAIR (69 FR
4599). NOx, the primary ozone precursor that was the object of the CAIR
transport study, may be transported for long distances, contributing
significantly to high ozone concentrations in other states. However,
with increasing distance there are greater opportunities for ozone or
NOX dispersion and/or removal from the atmosphere due to the
effect of winds or chemical sink processes. As a result, one may
conclude that the 900-mile distance from Colorado sources of
NOX emissions and the Illinois/Wisconsin area reduces, but
does not exclude, the possibility of significant contribution to this
area's nonattainment.
Another transport factor is wind direction. For long range
transport winds, a modeling analysis of ozone dispersion during the
summer months (June to August) of the five-year period 1991-1995 shows
that on high local ozone days the prevailing long range transport winds
in States immediately to the east and north of Colorado (Kansas,
Nebraska, South Dakota, Iowa, Minnesota, and North Dakota) had a
southerly direction. On high regional ozone days, during the same
period, regional transport winds in the same States were southwesterly,
but with a westerly component so weak that a greater portion of
NOX emissions from Colorado would likely remain
significantly west of the Illinois/Wisconsin nonattainment area.\7\ To
the extent that these results are representative of general ozone
transport patterns not limited to the 1991-1995 period, the weak
western component of long range transport winds during high ozone days
in the States east and north of Colorado provides evidence that
NOX emissions from Colorado are unlikely to contribute
significantly to violations of the 1997 ozone NAAQS in the Illinois/
Wisconsin counties along the southwestern shores of Lake Michigan.
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\7\ Ozone Transport Assessment Group (OTAG), Air Quality
Analysis Workgroup: ``3.3 Climatology of Ozone Synoptic Scale
Transport in the Eastern US,'' Figures 1(a) and 5(a), pp. 3, 6,
January 11, 1998. High ozone days were days with ozone
concentrations in the 90th percentile.
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Additional circumstantial evidence supporting this conclusion is
found in technical documentation developed in recent years by the
States of Kansas and Wisconsin. To support its Interstate Transport
SIP, the State of Kansas submitted to EPA Region 7 technical
documentation that includes back trajectory analyses gauging the
pathway of air masses impacting the Illinois/Wisconsin nonattainment
area on the four days with highest ozone concentrations during each of
the years 2005-2007. The back trajectory analyses in Appendix G of the
technical support section show that, for the four days with the highest
ozone readings, none of the pathways followed by air masses moving into
the Chicago Metropolitan Statistical Area (MSA) or into several of the
Wisconsin nonattainment counties came from Colorado. Since these back
trajectories refer to the pathways of air masses and not specifically
to ozone transport, the results of this analysis cannot be considered
determinative as to the significant contribution of ozone or
NOX from Colorado emissions to the nonattainment counties
along the southwestern shores of Lake Michigan. However, the lack of
any back trajectories from Colorado indicates that it is unlikely that
NOX emissions from the State contribute significantly to the
nonattainment of the Illinois/Wisconsin area.
Further support is given by a recent attainment demonstration by
the Wisconsin Department of Natural Resources (WDNR) for the
nonattainment counties along the southwestern shores of Lake
Michigan.\8\ The WDNR analysis identifies heavy industrial activity and
dense urbanization as the major local contributors to the high ozone
concentrations in the Indiana, Illinois and Wisconsin Counties along
the southwestern shores of Lake Michigan. Between 40 and 60 percent of
the maximum ozone concentrations in the Lake Michigan airshed is
attributed to
[[Page 16036]]
regional transport, occurring from emission sources located within a
south-southwesterly arc spanning from 160 to 270 degrees (compass
direction). Colorado's location at the western margins of this arc
(Denver is approximately 260 degrees southwest of Chicago)
substantially reduces the likelihood for NOX emissions from
the State to contribute significantly to nonattainment in the Illinois/
Wisconsin area.\9\ Given the southerly orientation of regional
transport winds in States east and north of Colorado, it is likely that
Colorado ozone or NOX emissions would be heavily dispersed
in a northward direction west of this nonattainment area.
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\8\ Wisconsin Department of Natural Resources, ``Attainment
Demonstration--The Wisconsin Counties of Kenosha, Racine, Milwaukee,
Waukesha, Ozaukee, Washington, Sheboygan, Manitowoc and Door,''
September 2009.
\9\ Ibid., p. 51.
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Finally, by 2008, the 8-hour ozone design values for the Illinois
and Wisconsin nonattainment counties along the shores of Lake Michigan
fell below the level of the NAAQS, a reduction attributed to the
implementation of State and Federal control measures since the
designation of these counties as nonattainment in 2004. In other words,
were there emissions from Colorado sources reaching the Illinois and
Wisconsin counties along the western rim of Lake Michigan, they would
no longer be significantly contributing to violations of the NAAQS in
that area.\10\
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\10\ Ibid.
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The other nonattainment area, St. Louis and adjacent counties, is
approximately 800 miles straight east from the Colorado DMA/NFR area.
This substantial distance does not, in and by itself, exclude the
possibility of significant contribution from Colorado's NOX
emissions to nonattainment in the St. Louis area. However, it is also
sufficient to provide many opportunities for ozone dispersion and
removal from the atmosphere due to the effect of winds and chemical
sink processes, and thus reduce the likelihood of significant
contribution from Colorado to nonattainment in this area.
The impact of wind direction on ozone transport from Colorado to
the St. Louis area is gauged through the results of several findings.
Kansas, immediately east of Colorado and west of Missouri, is
characterized by strong southerly surface winds that match prevailing
regional transport winds, which have a southerly orientation during
days of elevated ozone concentration. Throughout 2005 its winds
averaged daily speeds slightly over 9 mph.\11\ The OTAG modeling
analysis referred to earlier shows that, during the five years from
1991 to 1995, on high ozone days regional transport winds in Kansas and
Missouri have a prevailing southerly orientation. To the extent that
these results are representative of general ozone transport patterns
not limited to the 1991-95 period, they indicate that ozone/
NOX emissions from Colorado reaching Kansas or Missouri were
very likely to be redirected northward and away from the St. Louis
area, thus lessening the likelihood for a significant ozone
contribution to nonattainment from Colorado.
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\11\ See the January 4, 2007 State of Kansas submittal to EPA of
Interstate Transport SIP revisions, Document ID EPA-R07-
OAR-2007-0141-0003, pp. 6-7.
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Results from other studies are consistent with these tentative
conclusions. In a study published by OTAG in 1997, the St. Louis area
showed higher ozone concentrations (70 as compared with 55 ppb) on days
with winds from the south or the east than on days with winds from the
west (the general direction from Colorado) or southwest.\12\ More
recent back trajectory analyses gauging the pathway of air masses
impacting St. Louis on days of high ozone allow similar conclusions.
The State of Kansas' technical documentation supporting its Interstate
Transport SIP (approved by EPA in March 2007) include back trajectory
analyses independent of their source regions (i.e., Colorado or
Kansas.) The results show that for each of the 2005-2007 years, on the
four days with the highest ozone readings the frequency of trajectory
``contribution'' from Colorado to St. Louis was negligible. There is
only one instance of a 500 meter trajectory from Colorado, while there
were none for transport at 1500 meter of altitude.\13\ These findings,
in combination with the other circumstantial evidence examined above,
strengthen the conclusion that it is unlikely that emissions from
Colorado sources contribute significantly to the nonattainment of the
St. Louis area.
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\12\ OTAG, ``Ozone as Function of Local Wind Speed and
Direction: Evidence of Local and Regional Transport,'' p. 33, July
26, 1997.
\13\ Document ID EPA-R07-OAR-2007-0141-0003, Appendix
G.
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As mentioned above, EPA must consider not only significant
contribution to nonattainment areas, but also to areas with monitors
showing violations of the NAAQS. A review of the AQS monitoring data
for adjacent downwind states shows that it is highly unlikely that
emissions from Colorado contribute significantly to downwind areas that
have monitors showing violations of the 1997 8-hour ozone NAAQS.
Between 1999 and 2008 there were no violations of the 1997 8-hour ozone
NAAQS at any of the monitors in adjacent downwind states, such as
Kansas, Nebraska and Wyoming.
Design values for the years 2005-2007 \14\ show that in adjacent
downwind states such as Kansas, Nebraska, and Wyoming, there were no
violations of the 1997 8-hour ozone NAAQS, and that in most counties
ozone levels remained substantially below the NAAQS. In Kansas, the
2007 design value for Trego County, the county with a monitoring
station closest to Colorado, was 71 ppb, or 16 percent below the ozone
NAAQS. The counties that had the highest design values are at or near
the eastern edge of the state, about 400 miles from Colorado's eastern
border, and their design values ranged from 76 ppb for Johnson and
Sumner Counties to 77 ppb for Leavenworth and Wyandotte Counties. In
Nebraska and Wyoming, the highest ozone design values did not exceed 69
ppb in Douglas County, Nebraska and 72 ppb in Sublette County, Wyoming.
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\14\ See Table 4, pages 7 and 8, of the Colorado Interstate
Transport SIP.
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The historical trend over the period 1998-2008 for the 1997 8-hour
ozone design values in these states places the 2005-2007 data reviewed
above in context. In Nebraska, ozone design values were consistently
low throughout the period. In Wyoming, design values were also constant
in most of the monitored areas, where ozone monitoring only began
between 2003 and 2005. Kansas design values show a clear trend of
declining ozone levels from the late 1990s to the most recent years. In
Linn, Sedgwick, and Sumner Counties, design values decreased from highs
ranging between 77 and 82 ppb during 2000-2003 to levels ranging
between 66 and 75 ppb in 2006-2008.
The data and weight of evidence analysis presented above support
the conclusion of the Colorado Interstate Transport SIP (adopted into
the State SIP on December 30, 2008 and submitted to EPA June 18, 2009)
that emissions from Colorado do not contribute significantly to
nonattainment in any other state for the 1997 8-hour ozone NAAQS,
consistently with the requirements of element (1) of CAA section
110(a)(2)(D)(i).
VI. Proposed Action
EPA is proposing partial approval of the Colorado SIP to meet the
requirements of Section 110(a)(2)(D)(i)(I) regarding the 1997 ozone
standard. Specifically, in this action EPA is proposing to approve only
the language and demonstration that, in this SIP revision, address the
requirements of element (1): Prohibition of significant
[[Page 16037]]
contribution to nonattainment of the 1997 8-hour ozone NAAQS in any
other state. At a later date, EPA will act on the language and
demonstration addressing element (2): prohibition of interference with
maintenance of the 1997 8-hour ozone NAAQS in any other state.
VII. Statutory and Executive Order Review
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:
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 18, 2010.
Carol L. Campbell,
Acting Deputy Regional Administrator, Region 8.
[FR Doc. 2010-6893 Filed 3-30-10; 8:45 am]
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