Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Greeley Revised Carbon Monoxide Maintenance Plan and Approval of Related Revisions, 48650-48652 [05-16486]
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48650
Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
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State approval/submittal date
EPA approval date
Explanation
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Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles
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Subchapter K—Mobile Source Incentive Programs
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Division 3: Diesel Emission Reduction Incentive Program for On-road and Non-road Vehicles
Section 114.620 ...................... Definitions ..............................
01/28/04 08/19/05 [Insert FR page
number where document
begins].
Section 114.621 ...................... Applicability ............................
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number where document
begins].
Section 114.622 ...................... Incentive Program Require01/28/04 08/19/05 [Insert FR page
ments.
number where document
begins].
Section 114.623 ...................... Small Business Incentives .....
01/28/04 08/19/05 [Insert FR page
number where document
begins].
Section 114.626 ...................... Monitoring, Recordkeeping,
08/22/01 08/19/05 [Insert FR page
and Reporting Requirenumber where document
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begins].
Section 114.629 ...................... Affected Counties and Imple01/28/04 08/19/05 [Insert FR page
mentation Schedule.
number where document
begins].
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[FR Doc. 05–16487 Filed 8–18–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME Docket Number R08–OAR–2004–CO–
0004; FRL–7954–7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Greeley Revised Carbon
Monoxide Maintenance Plan and
Approval of Related Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: On May 17, 2005, EPA
published a notice of proposed
rulemaking (NPR) to propose approval
of Colorado’s revised maintenance plan
for the Greeley carbon monoxide (CO)
maintenance area for the CO National
Ambient Air Quality Standard
(NAAQS). In that NPR, EPA proposed to
approve the revised maintenance plan,
the transportation conformity motor
vehicle emission budgets for 2005
through 2009, 2010 through 2014, and
2015 and beyond, the revisions to
Colorado’s Regulation No. 11 ‘‘Motor
Vehicle Emissions Inspection Program,’’
VerDate jul<14>2003
16:01 Aug 18, 2005
Jkt 205001
*
*
and the revisions to Colorado’s
Regulation No. 13 ‘‘Oxygenated Fuels
Program.’’ In this action, EPA is
approving the Greeley CO revised
maintenance plan, the transportation
conformity motor vehicle emission
budgets, and the revisions to Regulation
No. 11 and Regulation No. 13. This
action is being taken under section 110
of the Clean Air Act.
EFFECTIVE DATE: September 19, 2005.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. RME R08–OAR–2004–CO–0004. All
documents in the docket are listed in
the Regional Materials in EDOCKET
index at https://docket.epa.gov/rmepub/
index.jsp. Although listed in the index,
some information is not publicly
available, i.e., 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 in the
Regional Materials in EDOCKET or in
hard copy at the Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado
80202–2466. EPA requests that if at all
possible, you contact the individual
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
*
*
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.
Tim
Russ, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466, phone (303) 312–6479, and
e-mail at: russ.tim@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Purpose of This Action?
II. Final Action
III. Statutory and Executive Order Reviews
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 NAAQS mean
National Ambient Air Quality Standard.
(iv) The initials SIP mean or refer to
State Implementation Plan.
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Rules and Regulations
(v) The word State means the State of
Colorado, unless the context indicates
otherwise.
I. What Is the Purpose of This Action?
On May 17, 2005, we published an
NPR that proposed approval of the
Greeley area’s revised CO maintenance
plan, transportation conformity motor
vehicle emissions budgets (MVEB), and
associated SIP elements. See 70 FR
28233. The NPR also opened a 30-day
public comment period on this
proposed Agency action. We did not
receive any comments.
In this final action, we are approving
the revised Greeley CO maintenance
plan that demonstrates maintenance of
the CO NAAQS through 2015, we’re
approving the transportation conformity
MVEBs of 63 tons per day (tpd) for 2005
through 2009, 62 tpd for 2010 through
2014, and 60 tpd for 2015 and beyond,
we’re approving revisions to Regulation
No. 11 that the Governor submitted on
June 20, 2003 that eliminate the
requirement to implement a motor
vehicle emissions inspection and
maintenance (I/M) program in the
Greeley area, and we are approving
revisions to Regulation No. 13 that the
Governor submitted on June 20, 2003
that eliminate the requirement to
implement a winter time oxygenated
fuels program in the Greeley area.
Detailed descriptions regarding the
revised Greeley CO maintenance plan,
the MVEBs, and the revisions to
Regulation No. 11 and Regulation No.
13 are provided in our May 17, 2005,
NPR action (see 70 FR 28233) and will
not be repeated here. Please refer to our
May 17, 2005, NPR and Docket ID No.
RME R08–OAR–2004–CO–0004. As
noted above, all documents in the
docket are listed in the Regional
Materials in EDOCKET index at https://
docket.epa.gov/rmepub/index.jsp.
II. Final Action
In this action, EPA is approving the
following:
A. The revised Greeley CO
maintenance plan. EPA is approving the
revised Greeley CO maintenance plan
for the CO NAAQS as adopted by the
Colorado AQCC on December 19, 2002,
and submitted by the Governor to us on
June 20, 2003.
B. The transportation motor vehicle
emissions budgets. EPA is approving
transportation conformity MVEBs
contained in the Greeley revised CO
maintenance plan and defined as 63
tons per day (tpd) for 2005 through
2009, 62 tpd for 2010 through 2014, and
60 tpd for 2015 and beyond, as adopted
by the AQCC on December 19, 2002,
State effective on March 2, 2003, and
VerDate jul<14>2003
16:01 Aug 18, 2005
Jkt 205001
submitted by the Governor to us on June
20, 2003.
C. The revisions to Regulation No. 11.
EPA is approving the revisions to
Colorado’s Regulation No. 11, entitled
‘‘Motor Vehicle Emissions Inspection
Program,’’ as adopted by the AQCC on
December 19, 2002, State effective on
March 2, 2003, and submitted by the
Governor to us on June 20, 2003.
D. The revisions to Regulation No. 13.
EPA is approving the revisions to
Colorado’s Regulation No. 13, entitled
‘‘Oxygenated Fuels Program,’’ as
adopted by the AQCC on December 19,
2002, State effective on March 2, 2003,
and submitted by the Governor to us on
June 20, 2003.
This action will become effective
September 19, 2005.
III Statutory and Executive Order
Reviews
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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
48651
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 is not economically
significant.
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. section 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. section 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 October 18, 2005.
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
E:\FR\FM\19AUR1.SGM
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48652
Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Rules and Regulations
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: August 2, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
PART 52—[AMENDED]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for Part 52
continues to read as follows:
I
[RME Docket Number R08–OAR–2005–CO–
0001; FRL–7954–6]
Authority: 42 U.S.C. 7401 et seq.
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Denver Early Action
Compact Ozone Plan, Attainment
Demonstration of the 8-Hour Ozone
Standard, and Approval of Related
Revisions
Subpart G—Colorado
2. Section 52.320 is amended by
adding paragraph (c)(104) to read as
follows:
I
Identification of plan.
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(c) * * *
(104) On June 20, 2003, the Governor
of Colorado submitted SIP revisions to
Colorado’s Regulation No. 11 ‘‘Motor
Vehicle Emissions Inspection Program’’
that eliminate the requirement in the
SIP to implement a motor vehicle
inspection and maintenance program in
Weld County (which includes the
Greeley area) after January 1, 2004. On
June 20, 2003, the Governor also
submitted SIP revisions to Colorado’s
Regulation No. 13 ‘‘Oxygenated Fuels
Program’’ that eliminate the oxygenated
fuel requirements for Weld County
(which includes the Greeley area) after
January 1, 2004.
(i) Incorporation by reference.
(A) Regulation No. 11 ‘‘Motor Vehicle
Emissions Inspection Program’’, 5 CCR
1001–13, Part A.I, second sentence that
reads, ‘‘The provisions of this regulation
applicable to Larimer and Weld
counties shall not be included in the
state implementation plan after January
1, 2004.’’, as adopted on December 19,
2002, and effective March 2, 2003.
(B) Regulation No. 13 ‘‘Reduction of
Carbon Monoxide Emissions from
Gasoline Powered Motor Vehicles
through the use of Oxygenated
Gasolines,’’ 5 CCR 1001–16, Part I.D.15,
Part II.A, Part II.C, as adopted on
December 19, 2002, and effective March
2, 2003.
I 3. Section 52.349 is amended by
adding paragraph (l) to read as follows:
16:01 Aug 18, 2005
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(l) Revisions to the Colorado State
Implementation Plan entitled ‘‘Revised
Carbon Monoxide Maintenance Plan for
the Greeley Attainment/Maintenance
Area,’’ as adopted by the Colorado Air
Quality Control Commission on
December 19, 2002, and submitted by
the Governor on June 20, 2003.
BILLING CODE 6560–50–P
40 CFR part 52 is amended to read as
follows:
VerDate jul<14>2003
*
[FR Doc. 05–16486 Filed 8–18–05; 8:45 am]
I
§ 52.320
§ 52.349 Control strategy: Carbon
monoxide.
Jkt 205001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: On May 17, 2005, EPA
published a notice of proposed
rulemaking (NPR) to propose approval
of Colorado’s Early Action Compact
(EAC) ozone plan for the Denver
metropolitan area (hereafter, Denver
area) for the 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). In that NPR, EPA proposed to
approve the Denver area’s EAC ozone
plan, an attainment demonstration for
the 8-hour ozone NAAQS, revisions to
Colorado’s Common Provisions
Regulation, revisions to Colorado’s
Regulation No. 7 ‘‘Emissions of Volatile
Organic Compounds’’ (hereafter,
Regulation No. 7), and revisions to
Colorado’s Regulation No. 11 ‘‘Motor
Vehicle Emissions Inspection Program’’
(hereafter Regulation No. 11). In this
action, EPA is approving the Denver
EAC ozone plan, the associated
attainment demonstration, and the
revisions to the Common Provisions
Regulation, Regulation No. 7, and
Regulation No. 11. This action is being
taken under section 110 of the Clean Air
Act.
DATES: Effective Date: September 19,
2005.
EPA has established a
docket for this action under Docket ID
No. RME R08–OAR–2005–CO–0001. All
documents in the docket are listed in
ADDRESSES:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
the Regional Materials in EDOCKET
index at https://docket.epa.gov/rmepub/
index.jsp. Although listed in the index,
some information is not publicly
available, i.e., 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 in the
Regional Materials in EDOCKET or in
hard copy at the Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado
80202–2466. 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: Tim
Russ, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466, phone (303) 312–6479, and
e-mail at: russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Purpose of This Action?
II. Final action
III. Statutory and Executive Order Reviews
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 NAAQS mean
National Ambient Air Quality Standard.
(iv) The initials SIP mean or refer to
State Implementation Plan.
(v) The word State means the State of
Colorado, unless the context indicates
otherwise.
I. What Is the Purpose of This Action?
On May 17, 2005, we published an
NPR that proposed approval of the
Denver area’s EAC ozone plan,
attainment demonstration, and
associated SIP elements. See 70 FR
28239. The NPR also opened a 30-day
public comment period on this
proposed Agency action. We did not
receive any comments.
In this final action, we are approving
the Early Action Compact ozone plan
E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48650-48652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16486]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RME Docket Number R08-OAR-2004-CO-0004; FRL-7954-7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Greeley Revised Carbon Monoxide Maintenance Plan and
Approval of Related Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On May 17, 2005, EPA published a notice of proposed rulemaking
(NPR) to propose approval of Colorado's revised maintenance plan for
the Greeley carbon monoxide (CO) maintenance area for the CO National
Ambient Air Quality Standard (NAAQS). In that NPR, EPA proposed to
approve the revised maintenance plan, the transportation conformity
motor vehicle emission budgets for 2005 through 2009, 2010 through
2014, and 2015 and beyond, the revisions to Colorado's Regulation No.
11 ``Motor Vehicle Emissions Inspection Program,'' and the revisions to
Colorado's Regulation No. 13 ``Oxygenated Fuels Program.'' In this
action, EPA is approving the Greeley CO revised maintenance plan, the
transportation conformity motor vehicle emission budgets, and the
revisions to Regulation No. 11 and Regulation No. 13. This action is
being taken under section 110 of the Clean Air Act.
EFFECTIVE DATE: September 19, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. RME R08-OAR-2004-CO-0004. All documents in the docket are listed in
the Regional Materials in EDOCKET index at https://docket.epa.gov/
rmepub/index.jsp. Although listed in the index, some information is not
publicly available, i.e., 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
in the Regional Materials in EDOCKET or in hard copy at the Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8, 999
18th Street, Suite 300, Denver, Colorado 80202-2466. 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: Tim Russ, Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999
18th Street, Suite 300, Denver, Colorado 80202-2466, phone (303) 312-
6479, and e-mail at: russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Purpose of This Action?
II. Final Action
III. Statutory and Executive Order Reviews
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 NAAQS mean National Ambient Air Quality
Standard.
(iv) The initials SIP mean or refer to State Implementation Plan.
[[Page 48651]]
(v) The word State means the State of Colorado, unless the context
indicates otherwise.
I. What Is the Purpose of This Action?
On May 17, 2005, we published an NPR that proposed approval of the
Greeley area's revised CO maintenance plan, transportation conformity
motor vehicle emissions budgets (MVEB), and associated SIP elements.
See 70 FR 28233. The NPR also opened a 30-day public comment period on
this proposed Agency action. We did not receive any comments.
In this final action, we are approving the revised Greeley CO
maintenance plan that demonstrates maintenance of the CO NAAQS through
2015, we're approving the transportation conformity MVEBs of 63 tons
per day (tpd) for 2005 through 2009, 62 tpd for 2010 through 2014, and
60 tpd for 2015 and beyond, we're approving revisions to Regulation No.
11 that the Governor submitted on June 20, 2003 that eliminate the
requirement to implement a motor vehicle emissions inspection and
maintenance (I/M) program in the Greeley area, and we are approving
revisions to Regulation No. 13 that the Governor submitted on June 20,
2003 that eliminate the requirement to implement a winter time
oxygenated fuels program in the Greeley area.
Detailed descriptions regarding the revised Greeley CO maintenance
plan, the MVEBs, and the revisions to Regulation No. 11 and Regulation
No. 13 are provided in our May 17, 2005, NPR action (see 70 FR 28233)
and will not be repeated here. Please refer to our May 17, 2005, NPR
and Docket ID No. RME R08-OAR-2004-CO-0004. As noted above, all
documents in the docket are listed in the Regional Materials in EDOCKET
index at https://docket.epa.gov/rmepub/index.jsp.
II. Final Action
In this action, EPA is approving the following:
A. The revised Greeley CO maintenance plan. EPA is approving the
revised Greeley CO maintenance plan for the CO NAAQS as adopted by the
Colorado AQCC on December 19, 2002, and submitted by the Governor to us
on June 20, 2003.
B. The transportation motor vehicle emissions budgets. EPA is
approving transportation conformity MVEBs contained in the Greeley
revised CO maintenance plan and defined as 63 tons per day (tpd) for
2005 through 2009, 62 tpd for 2010 through 2014, and 60 tpd for 2015
and beyond, as adopted by the AQCC on December 19, 2002, State
effective on March 2, 2003, and submitted by the Governor to us on June
20, 2003.
C. The revisions to Regulation No. 11. EPA is approving the
revisions to Colorado's Regulation No. 11, entitled ``Motor Vehicle
Emissions Inspection Program,'' as adopted by the AQCC on December 19,
2002, State effective on March 2, 2003, and submitted by the Governor
to us on June 20, 2003.
D. The revisions to Regulation No. 13. EPA is approving the
revisions to Colorado's Regulation No. 13, entitled ``Oxygenated Fuels
Program,'' as adopted by the AQCC on December 19, 2002, State effective
on March 2, 2003, and submitted by the Governor to us on June 20, 2003.
This action will become effective September 19, 2005.
III Statutory and Executive Order Reviews
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 is not economically
significant.
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. section 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.
section 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 October 18, 2005. 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
[[Page 48652]]
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: August 2, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
0
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.
Subpart G--Colorado
0
2. Section 52.320 is amended by adding paragraph (c)(104) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(104) On June 20, 2003, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP to
implement a motor vehicle inspection and maintenance program in Weld
County (which includes the Greeley area) after January 1, 2004. On June
20, 2003, the Governor also submitted SIP revisions to Colorado's
Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate the
oxygenated fuel requirements for Weld County (which includes the
Greeley area) after January 1, 2004.
(i) Incorporation by reference.
(A) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program'', 5 CCR 1001-13, Part A.I, second sentence that reads, ``The
provisions of this regulation applicable to Larimer and Weld counties
shall not be included in the state implementation plan after January 1,
2004.'', as adopted on December 19, 2002, and effective March 2, 2003.
(B) Regulation No. 13 ``Reduction of Carbon Monoxide Emissions from
Gasoline Powered Motor Vehicles through the use of Oxygenated
Gasolines,'' 5 CCR 1001-16, Part I.D.15, Part II.A, Part II.C, as
adopted on December 19, 2002, and effective March 2, 2003.
0
3. Section 52.349 is amended by adding paragraph (l) to read as
follows:
Sec. 52.349 Control strategy: Carbon monoxide.
* * * * *
(l) Revisions to the Colorado State Implementation Plan entitled
``Revised Carbon Monoxide Maintenance Plan for the Greeley Attainment/
Maintenance Area,'' as adopted by the Colorado Air Quality Control
Commission on December 19, 2002, and submitted by the Governor on June
20, 2003.
[FR Doc. 05-16486 Filed 8-18-05; 8:45 am]
BILLING CODE 6560-50-P
