Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2, 50205-50207 [2015-20377]
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50205
Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
State citation
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 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 19, 2015.
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. 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.
Title/subject
*
*
*
Air Pollution Control RegulaRhode Island’s Low Emission
tion 37.
Vehicle Program.
*
*
*
*
*
*
*
*
[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0972, FRL–9932–52–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2008 Ozone, 2008
Lead, and 2010 NO2 National Ambient
Air Quality Standards; Colorado
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of Colorado to
demonstrate the State meets
SUMMARY:
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State
effective date
*
12/22/2005
*
Frm 00017
Fmt 4700
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. In § 52.2070, the table in paragraph
(c) ‘‘EPA-Approved Rhode Island
Regulations’’, is amended by revising
the entry for the state citation ‘‘Air
Pollution Control Regulation 37’’ to read
as follows:
■
§ 52.2070
Identification of plan.
*
*
*
*
*
(c) * * *
EPA—Approved Rhode Island
Regulations
EPA approval date
*
8/19/2015 [Insert Federal
Register citation].
*
infrastructure requirements of the Clean
Air Act (Act, CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for ozone on
March 12, 2008; lead (Pb) on October
15, 2008; and nitrogen dioxide (NO2) on
January 22, 2010. Section 110(a) of the
CAA requires that each state submit a
SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA.
DATES: This rule is effective September
18, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2012–0972. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
PO 00000
Dated: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Sfmt 4700
Explanations
*
*
*
Adopts California LEV II
standards.
*
and will be publicly available only in
the hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 8, Office of Partnership and
Regulatory Assistance, Air Program,
1595 Wynkoop Street, Denver,
Colorado, 80202–1129. The EPA
requests that you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m.–4:00 p.m.,
excluding federal holidays. An
electronic copy of the State’s SIP
compilation is also available at https://
www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6563,
fulton.abby@epa.gov.
E:\FR\FM\19AUR1.SGM
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50206
Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs
are provided in section 110(a)(1) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR)
published on June 1, 2015 (80 FR
30974).
The NPR proposed approval of
Colorado’s submissions with respect to
the following infrastructure elements for
the 2008 ozone, 2008 Pb, and 2010 NO2
NAAQS: (A), (C) with respect to minor
NSR and PSD requirements, (D)(i)(II)
elements 3 and 4, (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M); (B) for the 2008
Pb and 2008 ozone NAAQS and
conditional approval of (B) for the 2010
NO2 NAAQS; and D(i)(I) elements 1 and
2 for the 2008 Pb and 2010 NO2
NAAQS. EPA will act separately on
infrastructure element (D)(i)(I),
interstate transport elements 1 and 2 for
the 2008 ozone NAAQS. The reasons for
our approvals are provided in detail in
the NPR.
II. Response to Comments
No comments were received on our
June 1, 2015 NPR.
rmajette on DSK2VPTVN1PROD with RULES
III. Final Action
EPA is approving the following
infrastructure elements for the 2008
ozone, 2008 Pb, and 2010 NO2 NAAQS:
CAA 110(a)(2) (A), (C) with respect to
minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA
is approving element (B) for the 2008 Pb
and 2008 ozone NAAQS and
conditionally approving (B) for the 2010
NO2 NAAQS. Finally, EPA is approving
D(i)(I) elements 1 and 2 for the 2008 Pb
and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element
(D)(i)(I), interstate transport elements 1
and 2 for the 2008 ozone NAAQS.1
IV. Statutory and Executive Orders
Review
Under the CAA, 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,
1 This action also corrects an error to a Federal
Register citation in our NPR (80 FR 30974, June 1,
2015) on page 30978. The NPR incorrectly cites
approval of the State’s SIP-approved minor NSR
program at 68 FR 37744 rather than the correct
citation of 44 FR 57401 (Oct. 5, 1979).
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Jkt 235001
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves some state law as
meeting federal requirements and
disapproves other state law because it
does not meet federal requirements; this
action 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,
Oct. 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, Aug. 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 CAA; 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, Feb. 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 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 19, 2015.
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. This action may
not be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52 APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.353 is amended by
adding paragraph (c) to read as follows:
■
§ 52.353 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(c) The Colorado Department of
Public Health and Environment
provided submissions to meet
infrastructure requirements for the State
E:\FR\FM\19AUR1.SGM
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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
of Colorado for the 2008 ozone, 2008
lead, and 2010 NO2 NAAQS were
received on December 31, 2012, July 26,
2012, and March 7, 2013, respectively.
The State’s Infrastructure SIP is
approved with respect to the 2008
ozone, 2008 lead, and 2010 NO2
NAAQS with respect to section
(110)(a)(1) and the following elements of
section (110)(a)(2): (A), (C) with respect
to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M); (B) for
the 2008 Pb and 2008 ozone NAAQS
and conditional approval of (B) for the
2010 NO2 NAAQS; and D(i)(I) elements
1 and 2 for the 2008 Pb and 2010 NO2
NAAQS.
[FR Doc. 2015–20377 Filed 8–18–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0633; FRL–9931–07]
Methane Sulfonic Acid; Exemption
from the Requirement of a Tolerance
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of methane
sulfonic acid (CAS Reg. No.75–75–2)
when used as an inert ingredient
(acidifying agent) in pesticide
formulations applied to animals at a
maximum concentration not to exceed
3% by weight and when used as an inert
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at a
concentration not to exceed 5,000 parts
per million (ppm). Lewis & Harrison, on
behalf of BASF Corporation, submitted
a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
methane sulfonic acid.
DATES: This regulation is effective
August 19, 2015. Objections and
requests for hearings must be received
on or before October 19, 2015], and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
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SUMMARY:
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15:08 Aug 18, 2015
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The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0633, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
50207
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2014–0633 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 19, 2015. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2014–0633, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of March 4,
2015 (80 FR 11613) (FRL–9922–68),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition inert ingredient (PP IN–10720)
by Lewis & Harrison, 122 C Street NW.,
Suite 505, Washington, DC 20001 on
behalf of BASF Corporation, 100 Park
Avenue, Florham Park, NJ 07932. The
petition requested that 40 CFR 180.930
and 40 CFR 180.940(a) be amended by
establishing an exemption from the
requirement of a tolerance for residues
of methane sulfonic acid (CAS Reg.
No.75–75–2) when used as an inert
ingredient (acidifying agent) in pesticide
formulations applied to animals at a
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]]>Agencies
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50205-50207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20377]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0972, FRL-9932-52-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010
NO2 National Ambient Air Quality Standards; Colorado
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
Colorado to demonstrate the State meets infrastructure requirements of
the Clean Air Act (Act, CAA) for the National Ambient Air Quality
Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on
October 15, 2008; and nitrogen dioxide (NO2) on January 22,
2010. Section 110(a) of the CAA requires that each state submit a SIP
for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA.
DATES: This rule is effective September 18, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2012-0972. All documents in
the docket are listed on the https://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in the hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at EPA Region 8, Office of
Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop
Street, Denver, Colorado, 80202-1129. The EPA requests that you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The Regional Office's official hours
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding
federal holidays. An electronic copy of the State's SIP compilation is
also available at https://www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563,
fulton.abby@epa.gov.
[[Page 50206]]
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs are provided in section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR) published on June 1, 2015 (80
FR 30974).
The NPR proposed approval of Colorado's submissions with respect to
the following infrastructure elements for the 2008 ozone, 2008 Pb, and
2010 NO2 NAAQS: (A), (C) with respect to minor NSR and PSD
requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M); (B) for the 2008 Pb and 2008 ozone NAAQS and
conditional approval of (B) for the 2010 NO2 NAAQS; and
D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.
EPA will act separately on infrastructure element (D)(i)(I), interstate
transport elements 1 and 2 for the 2008 ozone NAAQS. The reasons for
our approvals are provided in detail in the NPR.
II. Response to Comments
No comments were received on our June 1, 2015 NPR.
III. Final Action
EPA is approving the following infrastructure elements for the 2008
ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2)
(A), (C) with respect to minor NSR and PSD requirements, (D)(i)(II)
elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
EPA is approving element (B) for the 2008 Pb and 2008 ozone NAAQS and
conditionally approving (B) for the 2010 NO2 NAAQS. Finally,
EPA is approving D(i)(I) elements 1 and 2 for the 2008 Pb and 2010
NO2 NAAQS. EPA will act separately on infrastructure element
(D)(i)(I), interstate transport elements 1 and 2 for the 2008 ozone
NAAQS.\1\
---------------------------------------------------------------------------
\1\ This action also corrects an error to a Federal Register
citation in our NPR (80 FR 30974, June 1, 2015) on page 30978. The
NPR incorrectly cites approval of the State's SIP-approved minor NSR
program at 68 FR 37744 rather than the correct citation of 44 FR
57401 (Oct. 5, 1979).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Review
Under the CAA, 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 CAA. Accordingly, this
action merely approves some state law as meeting federal requirements
and disapproves other state law because it does not meet federal
requirements; this action 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, Oct. 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, Aug. 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 CAA; 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, Feb. 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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 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 19, 2015. 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. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 52.353 is amended by adding paragraph (c) to read as
follows:
Sec. 52.353 Section 110(a)(2) infrastructure requirements.
* * * * *
(c) The Colorado Department of Public Health and Environment
provided submissions to meet infrastructure requirements for the State
[[Page 50207]]
of Colorado for the 2008 ozone, 2008 lead, and 2010 NO2
NAAQS were received on December 31, 2012, July 26, 2012, and March 7,
2013, respectively. The State's Infrastructure SIP is approved with
respect to the 2008 ozone, 2008 lead, and 2010 NO2 NAAQS
with respect to section (110)(a)(1) and the following elements of
section (110)(a)(2): (A), (C) with respect to minor NSR and PSD
requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M); (B) for the 2008 Pb and 2008 ozone NAAQS and
conditional approval of (B) for the 2010 NO2 NAAQS; and
D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.
[FR Doc. 2015-20377 Filed 8-18-15; 8:45 am]
BILLING CODE 6560-50-P
