Approval and Promulgation of Air Quality Implementation Plans; Colorado; Procedural Rules; Conflicts of Interest, 21451-21453 [2012-8350]
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations
(d) Effective Date. This rule is
effective from 6 a.m. on April 25, 2012
until 1 p.m. on April 30, 2012. This rule
will be enforced from 6 a.m. until 1 p.m.
on April 25, 2012 and April 30, 2012.
Dated: March 20, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2012–8535 Filed 4–9–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0963, FRL–9640–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Procedural Rules; Conflicts
of Interest
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
Table of Contents
EPA is approving Section 1.11
of Colorado’s procedural rules as
adopted by the Air Quality Control
Commission (Commission) on January
16, 1998 and submitted to EPA as a
State Implementation Plan (SIP)
revision on November 5, 1999. Section
1.11.0 provides for specific
requirements regarding the composition
of the Commission and disclosure by its
members of potential conflicts of
interest. We are also approving the
remaining portion of Colorado’s January
7, 2008 submittal to meet the
Infrastructure requirements of section
110(a)(2) of the Clean Air Act (CAA) for
the 1997 8-hour ozone National
Ambient Air Quality Standards
(NAAQS), specifically the portion
intended to address the requirements of
section 110(a)(2)(E)(ii) of the CAA. The
proposed approval appeared in the
Federal Register on January 4, 2012 (77
FR 235). EPA has determined that the
approved revisions in Colorado’s
submittals are consistent with the CAA.
This action is being taken under section
110 of the Clean Air Act.
DATES: Effective Date: This final rule is
effective May 10, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0963. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
SUMMARY:
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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 through
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:
Mark Komp, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6022,
komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revisions
II. Response to Comments
III. Consideration of Section 110(l) of the
CAA
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 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 State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
(v) The word Commission means the
Colorado Air Quality Control
Commission.
I. Summary of SIP Revisions
Colorado adopted revisions to its
procedural rules on January 16, 1998
and submitted part of the revised
procedural rules to EPA on November 5,
1999.1 The revision consisted of
wording changes to Section 1.11 of its
procedural rules. Colorado’s procedural
rules govern all procedures and hearings
before the Commission and certain
procedures and hearings before the Air
1 Please refer to EPA’s proposed action on January
4, 2012 (77 FR 235) for more information
concerning this SIP revision.
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21451
Pollution Control Division within the
Colorado Department of Public Health
and Environment. The revisions to the
Commission’s procedural rules, which
were last revised in 1984, were intended
to bring the Commission current with
all applicable procedural requirements
for their official actions. Section 1.11
addresses the requirements of section
128 of the CAA.
Separately, on January 7, 2008,
Colorado provided a submittal to meet
the requirements of section 110(a)(2) of
the CAA for the 1997 8-hour ozone
NAAQS. Under section 110(a)(1) of the
CAA, within three years of EPA’s
promulgation of a new or revised
standard, states are required to make a
submittal, known as an ‘‘infrastructure
SIP,’’ to meet the requirements of
sections 110(a)(1) and (a)(2). Section
110(a)(1) provides the procedural and
timing requirements for SIP submissions
after a new or revised NAAQS is
promulgated. Section 110(a)(2) lists
specific elements the SIP must contain
or satisfy. These infrastructure elements
include requirements, such as modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. EPA
approved most of the January 7, 2008
SIP revision on May 18, 2011. However,
the remaining portion of section
110(a)(2)(E)(ii) is being approved in this
action.
II. Response to Comments
EPA did not receive comments
regarding our proposed rule for
Colorado’s procedural rules.
III. Consideration of Section 110(l) of
the CAA
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress toward attainment of the
NAAQS or any other applicable
requirement of the Act. The Colorado
SIP revisions that are approved in this
action do not interfere with attainment
of the NAAQS or any other applicable
requirement of the Act. The revisions do
not make substantive changes that relax
the stringency of the Colorado SIP;
instead, the submittal of Section 1.11 of
Colorado’s procedural rule meets the
requirement of section 128 of the CAA.
Therefore, the revisions that are
approved in this action satisfy section
110(l) requirements.
IV. Final Action
We are approving Section 1.11 of
Colorado’s procedural rule as adopted
by the Commission on January 16, 1998
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
and submitted to EPA on November 5,
1999, to meet the requirements of
section 128 of the CAA. We are also
approving of a portion of Colorado’s
January 7, 2008 submittal to meet the
‘‘infrastructure’’ requirements of section
110(a)(2) for the 1997 8-hour ozone
NAAQS, specifically the portion
intended to address the requirements of
section 110(a)(2)(E)(ii) of the CAA.
V. 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
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Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
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 June 11, 2012.
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
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, Lead,
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Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 14, 2012.
James B. Martin,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 G—Colorado
2. Amend § 52.320 by adding
paragraph (c)(123) to read as follows:
■
§ 52.320
Identification of plan.
*
*
*
*
*
(c) * * *
(123) Colorado adopted revisions to
its procedural rules on January 16, 1998
and submitted part of the revised
procedural rules to EPA on November 5,
1999. Colorado’s procedural rules
govern all procedures and hearings
before the Air Quality Control
Commission (Commission) and certain
procedures and hearings before the Air
Pollution Control Division within the
Colorado Department of Public Health
and Environment. The revision to the
Commission’s procedural rules was
intended to bring the Commission
current with all applicable procedural
requirements for their official actions.
The submitted portion of the revision
consisted of changes to Section 1.11.0 of
the procedural rules. The section
addresses requirements under section
128 of the CAA regarding the
composition of the Commission and
disclosure by its members of potential
conflicts of interest.
(i) Incorporation by reference.
(A) Department of Public Health and
Environment, Air Quality Control
Commission, Procedural Rules, 5 CCR
1001–1, Section 1.11.0, State
Implementation Plan, adopted on
January 16, 1998 and effective on March
30, 1998.
(ii) [Reserved]
■
3. Revise § 52.353 to read as follows:
§ 52.353 Section 110(a)(2) infrastructure
requirements.
On January 7, 2008, James B. Martin,
Executive Director of the Colorado
Department of Public Health and
Environment for the state of Colorado,
submitted a certification letter which
provides the state of Colorado’s SIP
provisions for meeting the requirements
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10APR1
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations
of CAA Section 110(a)(1) and (2)
relevant to the 1997 8-hour ozone
NAAQS. The State’s 1997 Ozone
Infrastructure SIP is approved with
respect to the requirements of the
following elements of section 110(a)(2)
of the CAA for the 1997 8-hour ozone
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
[FR Doc. 2012–8350 Filed 4–9–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2005–CO–0003, FRL–
9616–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to New Source
Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving those
revisions adopted by the State of
Colorado on April 16, 2004 to
Regulation No. 3 (Stationary Source
Permitting and Air Pollutant Emission
Notice Requirements) that incorporate
EPA’s December 31, 2002 NSR Reforms.
Colorado submitted the request for
approval of these rule revisions into the
State Implementation Plan (SIP) on July
11, 2005 and supplemented its request
on October 25, 2005. EPA is approving
only the portions of Colorado’s revisions
to Regulation Number 3 that relate to
the prevention of significant
deterioration (PSD) and non-attainment
new source review (NSR) construction
permit programs of the State of
Colorado. Other revisions,
renumberings, additions, or deletions to
Regulation No. 3 made by Colorado as
part of the April 16, 2004 final
rulemaking are being acted on by EPA
in a separate final action related to
Colorado’s Interstate Transport SIP (see
proposed action at 76 FR 21835, April
19, 2011). Colorado has a federally
approved NSR program for new and
modified sources impacting attainment
and non-attainment areas in the State.
This action is being taken under section
110 of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective May 10, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2005–CO–0003. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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information is not publicly available,
e.g., 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 through
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:
Scott Jackson, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6107,
jackson.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background for This Action
A. What revisions to the Colorado SIP does
this action address?
II. Response to Comments
III. Final Action
IV. 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 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. Background for This Action
On December 7, 2005 (70 FR 72744),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Colorado. The NPR proposed approval
of portions of Colorado’s revisions to the
Stationary Source Permitting and Air
Pollutant Emission Notice Requirements
(Regulation No. 3) that incorporate
EPA’s December 31, 2002 NSR Reforms.
The State of Colorado submitted the
formal SIP revision on July 11, 2005
followed by a supplemental submittal
on October 25, 2005. This final action
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21453
updates the federally approved SIP to
reflect changes made by Colorado that
were reviewed and deemed approvable
into the Colorado SIP (Code of Federal
Regulations part 52, subpart G).
On December 31, 2002, EPA
published revisions to the federal PSD
and non-attainment NSR regulations.
These revisions are commonly referred
to as ‘‘NSR Reform’’ regulations and
became effective nationally in areas not
covered by a SIP on March 3, 2003.
These regulatory revisions included
provisions for baseline emissions
determinations, actual-to-future actual
methodology, plantwide applicability
limits (PALs), clean units, and pollution
control projects (PCPs). On November 7,
2003, EPA published a reconsideration
of the NSR Reform regulations that
clarified two provisions in the
regulations. On June 24, 2005, the
United States Court of Appeals for the
District of Columbia Circuit issued its
ruling on challenges to the December
2002 NSR Reform revisions. Although
the Court upheld most of EPA’s rules, it
vacated both the Clean Unit and the
Pollution Control Project provisions and
remanded back to EPA the ‘‘reasonable
possibility’’ standard for when a source
must keep certain project related
records.
Colorado’s July 11, 2005 submittal
and October 25, 2005 supplemental
submittal request approval for its
regulations to implement the NSR
Reform provisions that were not vacated
or remanded by the June 24, 2005, court
decision.
A. What revisions to the Colorado SIP
does this action address?
EPA is approving those revisions
adopted by Colorado on April 16, 2004
to Regulation No. 3 (Stationary Source
Permitting and Air Pollutant Emission
Notice Requirements) that incorporate
EPA’s December 30, 2002 NSR Reforms
(with the exceptions noted in the table
below). EPA is also approving revisions
Colorado made to Regulation No. 3 prior
to the April 16, 2004 final rulemaking
that incorporate the revisions EPA made
to the federal NSR rules on July 21, 1992
(with the exceptions noted in the table
below). These revisions are referred to
as the WEPCO rule (for the Wisconsin
Electric Power Company court ruling)
and added definitions and provisions
that have been incorporated into the
April 16, 2004 version of Regulation No.
3.
In addition to incorporating the NSR
Reforms into the April 16, 2004
Regulation No. 3 revision, Colorado also
restructured Regulation No. 3, including
adding a new Part D titled Concerning
Major Stationary Source New Source
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]]>Agencies
[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21451-21453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8350]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2011-0963, FRL-9640-3]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Procedural Rules; Conflicts of Interest
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Section 1.11 of Colorado's procedural rules
as adopted by the Air Quality Control Commission (Commission) on
January 16, 1998 and submitted to EPA as a State Implementation Plan
(SIP) revision on November 5, 1999. Section 1.11.0 provides for
specific requirements regarding the composition of the Commission and
disclosure by its members of potential conflicts of interest. We are
also approving the remaining portion of Colorado's January 7, 2008
submittal to meet the Infrastructure requirements of section 110(a)(2)
of the Clean Air Act (CAA) for the 1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS), specifically the portion intended to
address the requirements of section 110(a)(2)(E)(ii) of the CAA. The
proposed approval appeared in the Federal Register on January 4, 2012
(77 FR 235). EPA has determined that the approved revisions in
Colorado's submittals are consistent with the CAA. This action is being
taken under section 110 of the Clean Air Act.
DATES: Effective Date: This final rule is effective May 10, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0963. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 through 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: Mark Komp, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6022, komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of SIP Revisions
II. Response to Comments
III. Consideration of Section 110(l) of the CAA
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 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 State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
(v) The word Commission means the Colorado Air Quality Control
Commission.
I. Summary of SIP Revisions
Colorado adopted revisions to its procedural rules on January 16,
1998 and submitted part of the revised procedural rules to EPA on
November 5, 1999.\1\ The revision consisted of wording changes to
Section 1.11 of its procedural rules. Colorado's procedural rules
govern all procedures and hearings before the Commission and certain
procedures and hearings before the Air Pollution Control Division
within the Colorado Department of Public Health and Environment. The
revisions to the Commission's procedural rules, which were last revised
in 1984, were intended to bring the Commission current with all
applicable procedural requirements for their official actions. Section
1.11 addresses the requirements of section 128 of the CAA.
---------------------------------------------------------------------------
\1\ Please refer to EPA's proposed action on January 4, 2012 (77
FR 235) for more information concerning this SIP revision.
---------------------------------------------------------------------------
Separately, on January 7, 2008, Colorado provided a submittal to
meet the requirements of section 110(a)(2) of the CAA for the 1997 8-
hour ozone NAAQS. Under section 110(a)(1) of the CAA, within three
years of EPA's promulgation of a new or revised standard, states are
required to make a submittal, known as an ``infrastructure SIP,'' to
meet the requirements of sections 110(a)(1) and (a)(2). Section
110(a)(1) provides the procedural and timing requirements for SIP
submissions after a new or revised NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP must contain or satisfy.
These infrastructure elements include requirements, such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. EPA approved most of the
January 7, 2008 SIP revision on May 18, 2011. However, the remaining
portion of section 110(a)(2)(E)(ii) is being approved in this action.
II. Response to Comments
EPA did not receive comments regarding our proposed rule for
Colorado's procedural rules.
III. Consideration of Section 110(l) of the CAA
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the NAAQS or any other applicable requirement of
the Act. The Colorado SIP revisions that are approved in this action do
not interfere with attainment of the NAAQS or any other applicable
requirement of the Act. The revisions do not make substantive changes
that relax the stringency of the Colorado SIP; instead, the submittal
of Section 1.11 of Colorado's procedural rule meets the requirement of
section 128 of the CAA. Therefore, the revisions that are approved in
this action satisfy section 110(l) requirements.
IV. Final Action
We are approving Section 1.11 of Colorado's procedural rule as
adopted by the Commission on January 16, 1998
[[Page 21452]]
and submitted to EPA on November 5, 1999, to meet the requirements of
section 128 of the CAA. We are also approving of a portion of
Colorado's January 7, 2008 submittal to meet the ``infrastructure''
requirements of section 110(a)(2) for the 1997 8-hour ozone NAAQS,
specifically the portion intended to address the requirements of
section 110(a)(2)(E)(ii) of the CAA.
V. 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 approves a state rule
implementing a Federal standard.
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 June 11, 2012. 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 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 14, 2012.
James B. Martin,
Regional Administrator, Region 8.
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. Amend Sec. 52.320 by adding paragraph (c)(123) to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(123) Colorado adopted revisions to its procedural rules on January
16, 1998 and submitted part of the revised procedural rules to EPA on
November 5, 1999. Colorado's procedural rules govern all procedures and
hearings before the Air Quality Control Commission (Commission) and
certain procedures and hearings before the Air Pollution Control
Division within the Colorado Department of Public Health and
Environment. The revision to the Commission's procedural rules was
intended to bring the Commission current with all applicable procedural
requirements for their official actions. The submitted portion of the
revision consisted of changes to Section 1.11.0 of the procedural
rules. The section addresses requirements under section 128 of the CAA
regarding the composition of the Commission and disclosure by its
members of potential conflicts of interest.
(i) Incorporation by reference.
(A) Department of Public Health and Environment, Air Quality
Control Commission, Procedural Rules, 5 CCR 1001-1, Section 1.11.0,
State Implementation Plan, adopted on January 16, 1998 and effective on
March 30, 1998.
(ii) [Reserved]
0
3. Revise Sec. 52.353 to read as follows:
Sec. 52.353 Section 110(a)(2) infrastructure requirements.
On January 7, 2008, James B. Martin, Executive Director of the
Colorado Department of Public Health and Environment for the state of
Colorado, submitted a certification letter which provides the state of
Colorado's SIP provisions for meeting the requirements
[[Page 21453]]
of CAA Section 110(a)(1) and (2) relevant to the 1997 8-hour ozone
NAAQS. The State's 1997 Ozone Infrastructure SIP is approved with
respect to the requirements of the following elements of section
110(a)(2) of the CAA for the 1997 8-hour ozone NAAQS: (A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2012-8350 Filed 4-9-12; 8:45 am]
BILLING CODE 6560-50-P
