Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 1, 25772-25775 [2010-10568]
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25772
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations
based on the proposed action. EPA will
not institute a second comment period;
therefore, any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
July 9, 2010.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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).
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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.
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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 9, 2010. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Dated: April 19, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1870 is amended by
adding paragraph (c)(148) to read as
follows:
■
§ 52.1870
Identification of plan.
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(c) * * *
(148) On March 17, 2009, Ohio
submitted revisions to Ohio
Administrative Code Chapter 3745–15,
Rules 3745–15–01 and 3745–15–05. The
revisions pertain to general provisions
of OAC Chapter 3745.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–15–01 ‘‘Definitions.’’ and Rule
3745–15–05 ‘‘ ‘De minimis’ air
contaminant source exemption.’’ The
rules were adopted on January 12, 2009,
and became effective on January 22,
2009.
(B) January 12, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
[FR Doc. 2010–10836 Filed 5–7–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2009–0790; FRL–9114–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to Regulation
Number 1
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action approving State Implementation
Plan revisions submitted by the State of
Colorado on August 3, 2007 to
Colorado’s Regulation Number 1
(revisions to the performance testing
requirements for air curtain destructors).
Colorado adopted these rule revisions
on October 2, 2006. All other actions
submitted by the State of Colorado
concurrent with Colorado’s Regulation
Number 1 revision request will be acted
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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations
on at a later date. This action is being
taken under section 110 of the Clean Air
Act.
DATES: This rule is effective on July 9,
2010 without further notice, unless EPA
receives adverse comment by June 9,
2010. 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–2009–0790, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
leone.kevin@epa.gov
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie A. Videtich, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Callie A. 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–2009–
0790. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov, your email 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
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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 information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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 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. Publiclyavailable docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
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:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. What should I consider as I prepare my
comments for EPA?
II. What is being addressed in this document?
III. What are the changes that EPA is
proposing to approve?
IV. Final Action
V. 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 word Act or initials CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
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(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 State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
I. General Information
A. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
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 being addressed in this
document?
EPA is approving a revision to the
Colorado State Implementation Plan
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(SIP). On August 3, 2007, the State of
Colorado submitted a revision to its SIP,
regarding the applicability provisions
for incinerator performance testing
requirements. This revision addressed
Regulation Number 1 of the Colorado
Air Quality Control Commission
(AQCC) Regulations, entitled ‘‘Emission
Control for Particulate Matter, Smoke,
Carbon Monoxide, and Sulfur Oxides.’’
Colo. Code Reg. § 1001–3, and provides
an exemption for air curtain destructors.
III. What are the changes that EPA is
proposing to approve?
Prior to Colorado’s revision,
Regulation Number 1 Section III.B
provided that all incinerators, with the
exception of biomedical waste
incinerators, meet certain particulate
matter grain loading standards. To
ensure compliance with these
standards, the regulation provides the
Colorado Air Pollution Control Division
with the ability to require performance
tests, in accordance with 40 CFR part
60, appendix A. The revision to
Colorado’s SIP and regulations adds an
additional exemption to Section III.B for
air curtain destructors that are subject to
40 CFR part 60.
Under the definition set forth in
Colorado’s Common Provisions
Regulation, 5 Colo. Code. Regs. § 1001–
2, air curtain destructors are considered
incinerators, if they are subject to New
Source Performance Standards (NSPS)
for incinerators in 40 CFR part 60.
However, at the time Section III.B of
Regulation 1 was enacted, there were no
federal NSPS requirements governing
air curtain destructors. Air curtain
destructors were not considered
incinerators and were not subject to 40
CFR part 60. On December 1, 2000, EPA
promulgated NSPS for Commercial and
Industrial Waste Incineration Units at
40 CFR part 60, subpart CCCC. On
December 16, 2005, EPA promulgated
NSPS for Other Solid Waste
Incineration Units at 40 CFR part 60,
subpart EEEE. Both standards apply to
air curtain destructors that meet limited
applicability criteria and establish
opacity standards and appropriate
performance testing requirements for
those units.
Prior to the revision, Regulation
Number 1, Section III.B required that air
curtain destructors subject to incinerator
requirements under 40 CFR part 60 meet
state grain loading standards and
performance testing requirements, as
specified in 40 CFR part 60, appendix
A, to demonstrate compliance with
these standards. It is not feasible,
however, to conduct such performance
tests on air curtain destructors due to
their lack of a distinct stack. Colorado
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has revised its regulations to exempt air
curtain destructors from these
requirements in order to ensure that air
curtain destructors are subject to
appropriate and reasonable performance
test requirements. Accordingly,
Regulation Number 1, Section III.B has
been revised to clarify that air curtain
destructors subject to 40 CFR part 60 are
not subject to Section III.B. This
revision will result in the requirement
for air curtain destructors subject to
NSPS to meet the standards and
conduct performance testing as
provided in 40 CFR part 60, subpart
CCCC or 40 CFR part 60, subpart EEEE.
IV. Final Action
EPA is approving this revision to
Colorado’s SIP which would revise
Regulation Number 1, Section III.B. This
revision would exclude air curtain
destructors that are subject to a NSPS
from complying with infeasible
performance testing requirements in
Regulation Number 1, Section III.B. This
revision will maintain consistency
between state and federal law.
EPA considers this change to be
consistent with the provisions in CAA
§ 110(l). CAA Section 110(l) states:
‘‘Each revision to an implementation
plan submitted by a State under this
chapter shall be adopted by such State
after reasonable notice and public
hearing. The Administrator shall not
approve a revision of a plan if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 7501 of
this title), or any other applicable
requirement of this chapter.’’ Thus,
under Section 110(l), this SIP revision
must not interfere with attainment or
reasonable further progress or any other
applicable requirement of the Act.
When Section III.B was approved into
Colorado’s SIP, air curtain destructors
were not subject to any 40 CFR part 60
requirements. Before EPA’s
promulgation of 40 CFR part 60, subpart
CCCC and 40 CFR part, 60 subpart
EEEE, air curtain destructors would not
have been considered ‘‘incinerators’’
under the definition in the Common
Provisions Regulation, 5 Colo. Code
Regs. § 1001–2, and no air curtain
destructors would have been regulated
under Section III.B. Therefore, this
revision exempting air curtain
destructors from the requirements of
Section III.B does not substantively
change the requirements of Colorado’s
SIP. Because EPA’s approval of this SIP
revision would not interfere with
reasonable further progress or any other
applicable requirement of CAA, it is
consistent with CAA § 110(l).
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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 July 9, 2010, without
further notice unless the Agency
receives adverse comments by June 9,
2010. 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.
V. Statutory and Executive Order
Reviews
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 direct final 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 direct final 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);
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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations
• 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
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2. Section 52.320 is amended by
revising (c)(114) to read as follows:
■
§ 52.320
Identification of Plan.
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(c) * * *
(114) On August 1, 2007, the State of
Colorado submitted revisions to
Colorado Regulation 1 to be
incorporated into the Colorado SIP. The
submittal revises Section I.I.I.B.2. by
adding ‘‘and air curtain destructors
subject to 40 CFR 60’’ to the first
sentence of Section I.I.I.B.2.
(i) Incorporation by reference.
(A) 5 CCR 1001–3, Code of Colorado
Regulations, Regulation Number 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, PARTICULATE MATTER,
Section III.B.2, ‘‘Incinerators,’’ effective
on November 30, 2006. Published in
Colorado Register, Volume 29, Number
11.
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[FR Doc. 2010–10568 Filed 5–7–10; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, EPA Region IX, (415)
947–4115, Steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is finalizing disapproval
of a revision to the South Coast Air
I. Proposed Action
On September 8, 2009 (74 FR 46044),
EPA proposed to disapprove the
following rule that was submitted for
incorporation into the California SIP.
Rule title
Adopted
Control of Emissions from the Manufacturing of Polymeric Cellular (Foam) Products.
We proposed to disapprove this rule
because some rule provisions do not
satisfy the requirements of section 110
and part D of the Act. These provisions
include the following:
A. The rule must require
demonstration, through source testing
approved in writing by the Executive
Officer, that the systems and techniques
15:32 May 07, 2010
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2009–0573 for
this action. The index to the docket is
available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
Rule
Number
1175
DATES: Effective Date: This rule is
effective on June 9, 2010.
Disapproval of State Implementation
Plan Revisions, South Coast Air
Quality Management District
40 CFR part 52 is amended as follows:
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Subpart G—Colorado
Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP). This
action was proposed in the Federal
Register on September 8, 2009 and
concerns volatile organic compound
(VOC) emissions from polymeric foam
manufacturing operations. Under
authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this
action identifies several deficiencies in
SCAQMD Rule 1175.
[EPA–R09–OAR–2009–0573; FRL–9146–5]
Authority: 42 U.S.C. 7401 et seq.
SCAQMD ................
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 52
Dated: December 15, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
Local agency
1. The authority citation for Part 52
continues to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds, Incorporation by
reference.
■
PART 52—[AMENDED]
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in place at a facility achieve 93%
collection and reduction of emissions
for sources complying with paragraph
(c)(4)(B)(iii).
B. The rule must clarify that all
operational techniques and parameters
needed to achieve 93% control to
comply with paragraph (c)(4)(B)(iii)
must be clearly defined and enforceable
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09/07/07
Submitted
03/07/08
through a federally enforceable permit
such as a Title V operating permit.1 Rule
1175 should also be revised where
possible to identify these parameters.
1 SCAQMD implements a combined Title I
preconstruction and Title V operating permit
program.
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]]>Agencies
[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Rules and Regulations]
[Pages 25772-25775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10568]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2009-0790; FRL-9114-3]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 1
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving State
Implementation Plan revisions submitted by the State of Colorado on
August 3, 2007 to Colorado's Regulation Number 1 (revisions to the
performance testing requirements for air curtain destructors). Colorado
adopted these rule revisions on October 2, 2006. All other actions
submitted by the State of Colorado concurrent with Colorado's
Regulation Number 1 revision request will be acted
[[Page 25773]]
on at a later date. This action is being taken under section 110 of the
Clean Air Act.
DATES: This rule is effective on July 9, 2010 without further notice,
unless EPA receives adverse comment by June 9, 2010. 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-2009-0790, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: videtich.callie@epa.gov and leone.kevin@epa.gov
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Callie A. 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-
2009-0790. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The 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
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 information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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
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 www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 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: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. What should I consider as I prepare my comments for EPA?
II. What is being addressed in this document?
III. What are the changes that EPA is proposing to approve?
IV. Final Action
V. 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 word Act or initials 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 State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
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 being addressed in this document?
EPA is approving a revision to the Colorado State Implementation
Plan
[[Page 25774]]
(SIP). On August 3, 2007, the State of Colorado submitted a revision to
its SIP, regarding the applicability provisions for incinerator
performance testing requirements. This revision addressed Regulation
Number 1 of the Colorado Air Quality Control Commission (AQCC)
Regulations, entitled ``Emission Control for Particulate Matter, Smoke,
Carbon Monoxide, and Sulfur Oxides.'' Colo. Code Reg. Sec. 1001-3, and
provides an exemption for air curtain destructors.
III. What are the changes that EPA is proposing to approve?
Prior to Colorado's revision, Regulation Number 1 Section III.B
provided that all incinerators, with the exception of biomedical waste
incinerators, meet certain particulate matter grain loading standards.
To ensure compliance with these standards, the regulation provides the
Colorado Air Pollution Control Division with the ability to require
performance tests, in accordance with 40 CFR part 60, appendix A. The
revision to Colorado's SIP and regulations adds an additional exemption
to Section III.B for air curtain destructors that are subject to 40 CFR
part 60.
Under the definition set forth in Colorado's Common Provisions
Regulation, 5 Colo. Code. Regs. Sec. 1001-2, air curtain destructors
are considered incinerators, if they are subject to New Source
Performance Standards (NSPS) for incinerators in 40 CFR part 60.
However, at the time Section III.B of Regulation 1 was enacted, there
were no federal NSPS requirements governing air curtain destructors.
Air curtain destructors were not considered incinerators and were not
subject to 40 CFR part 60. On December 1, 2000, EPA promulgated NSPS
for Commercial and Industrial Waste Incineration Units at 40 CFR part
60, subpart CCCC. On December 16, 2005, EPA promulgated NSPS for Other
Solid Waste Incineration Units at 40 CFR part 60, subpart EEEE. Both
standards apply to air curtain destructors that meet limited
applicability criteria and establish opacity standards and appropriate
performance testing requirements for those units.
Prior to the revision, Regulation Number 1, Section III.B required
that air curtain destructors subject to incinerator requirements under
40 CFR part 60 meet state grain loading standards and performance
testing requirements, as specified in 40 CFR part 60, appendix A, to
demonstrate compliance with these standards. It is not feasible,
however, to conduct such performance tests on air curtain destructors
due to their lack of a distinct stack. Colorado has revised its
regulations to exempt air curtain destructors from these requirements
in order to ensure that air curtain destructors are subject to
appropriate and reasonable performance test requirements. Accordingly,
Regulation Number 1, Section III.B has been revised to clarify that air
curtain destructors subject to 40 CFR part 60 are not subject to
Section III.B. This revision will result in the requirement for air
curtain destructors subject to NSPS to meet the standards and conduct
performance testing as provided in 40 CFR part 60, subpart CCCC or 40
CFR part 60, subpart EEEE.
IV. Final Action
EPA is approving this revision to Colorado's SIP which would revise
Regulation Number 1, Section III.B. This revision would exclude air
curtain destructors that are subject to a NSPS from complying with
infeasible performance testing requirements in Regulation Number 1,
Section III.B. This revision will maintain consistency between state
and federal law.
EPA considers this change to be consistent with the provisions in
CAA Sec. 110(l). CAA Section 110(l) states: ``Each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 7501 of this
title), or any other applicable requirement of this chapter.'' Thus,
under Section 110(l), this SIP revision must not interfere with
attainment or reasonable further progress or any other applicable
requirement of the Act. When Section III.B was approved into Colorado's
SIP, air curtain destructors were not subject to any 40 CFR part 60
requirements. Before EPA's promulgation of 40 CFR part 60, subpart CCCC
and 40 CFR part, 60 subpart EEEE, air curtain destructors would not
have been considered ``incinerators'' under the definition in the
Common Provisions Regulation, 5 Colo. Code Regs. Sec. 1001-2, and no
air curtain destructors would have been regulated under Section III.B.
Therefore, this revision exempting air curtain destructors from the
requirements of Section III.B does not substantively change the
requirements of Colorado's SIP. Because EPA's approval of this SIP
revision would not interfere with reasonable further progress or any
other applicable requirement of CAA, it is consistent with CAA Sec.
110(l).
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 July 9, 2010, without
further notice unless the Agency receives adverse comments by June 9,
2010. 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.
V. Statutory and Executive Order Reviews
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 direct final 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
direct final 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);
[[Page 25775]]
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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds, Incorporation by reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 15, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
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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
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2. Section 52.320 is amended by revising (c)(114) to read as follows:
Sec. 52.320 Identification of Plan.
* * * * *
(c) * * *
(114) On August 1, 2007, the State of Colorado submitted revisions
to Colorado Regulation 1 to be incorporated into the Colorado SIP. The
submittal revises Section I.I.I.B.2. by adding ``and air curtain
destructors subject to 40 CFR 60'' to the first sentence of Section
I.I.I.B.2.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Code of Colorado Regulations, Regulation Number
1, Emission Control for Particulates, Smokes, Carbon Monoxide and
Sulfur Oxides, PARTICULATE MATTER, Section III.B.2, ``Incinerators,''
effective on November 30, 2006. Published in Colorado Register, Volume
29, Number 11.
* * * * *
[FR Doc. 2010-10568 Filed 5-7-10; 8:45 am]
BILLING CODE 6560-50-P
