Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revisions to the Transportation Conformity Consultation Process, 14757-14759 [2018-06846]
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–0AR–2017–0753; FRL–9976–02—
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Revisions to the
Transportation Conformity
Consultation Process
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by Colorado on
May 16, 2017. The May 16, 2017 SIP
revision addresses minor changes and
typographical corrections to the
transportation conformity requirements
of Colorado’s Regulation Number 10
‘‘Criteria for Analysis of Conformity.’’
These actions are being taken under
section 110 of the Clean Air Act (CAA).
DATES: This rule is effective May 7,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R08–OAR–2017–0753. All
documents in the docket are listed on
the https://www.regulations.gov website.
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Tim
Russ, Air Program, U.S. Environmental
Protection Agency, Region 8, Mailcode
8P–AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6479,
or russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
In this action, the EPA is approving
minor revisions to Colorado’s
Regulation Number 10 which is entitled
‘‘Criteria for Analysis of Conformity’’
(hereafter, ‘‘Regulation No. 10’’). We
note the factual background for this
action and our evaluation of the State’s
May 16, 2017 Regulation No. 10 SIP
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submittal are discussed in detail in our
February 1, 2018 proposed rule (83 FR
4614); therefore, they will not be
restated here.
In summary, the purpose of
Regulation No. 10 is to address the
transportation conformity SIP
requirements of section 176(c) of the
CAA and 40 CFR 51.390(b). In addition,
Regulation No. 10 also addresses the
following transportation conformity SIP
element requirements: 40 CFR 93.105,
which formalizes the consultation
procedures; 40 CFR 93.122(a)(4)(ii),
which addresses written commitments
to control measures that are not
included in a Metropolitan Planning
Organization’s (MPOs) transportation
plan and transportation improvement
program that must be obtained prior to
a conformity determination; and 40 CFR
93.125(c), which addresses written
commitments to mitigation measures
that must be obtained prior to a projectlevel conformity determination.1 We
note the most recent prior SIP revisions
to Regulation No. 10, that we approved,
occurred on March 4, 2014 (79 FR
12079).
II. What was the State’s process to
submit a SIP revision to the EPA?
Section 110(k) of the CAA addresses
our actions on submissions of revisions
to a SIP. The CAA requires states to
observe certain procedural requirements
in developing SIP revisions for
submittal to the EPA. Section 110(a)(2)
of the CAA requires that each SIP
revision be adopted after reasonable
notice and public hearing. This must
occur prior to the revision being
submitted by a state.
For the May 16, 2017 revisions to
Regulation No. 10, the Colorado Air
Quality Control Commission (AQCC)
held a public hearing for those revisions
on February 18, 2016. There were no
public comments. The AQCC adopted
the revisions to Regulation No. 10
directly after the hearing. This SIP
revision became State effective on
March 30, 2016, and was submitted by
Dr. Larry Wolk, Executive Director of
the Colorado Department of Public
Health and Environment (CDPHE), and
on behalf of the Governor, to the EPA
on May 16, 2017.
1A
conformity SIP includes a state’s specific
criteria and procedures for certain aspects of the
transportation conformity process consistent with
the federal conformity rule. A conformity SIP does
not contain motor vehicle emissions budgets,
emissions inventories, air quality demonstrations,
or control measures. See EPA’s Guidance for
Developing Transportation Conformity State
Implementation Plans (SIPs) for further
background: https://nepis.epa.gov/Exe/ZyPDF.cgi/
P1002W5B.PDF?Dockey=P1002W5B.PDF.
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14757
We evaluated the State’s May 16, 2017
submittal for Regulation No. 10 and
determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
of the CAA. By operation of law under
section 110(k)(1)(B) of the CAA, the
State’s May 16, 2017 submittal was
deemed complete by the EPA on
November 25, 2017.
III. Response to Comments
The EPA received one anonymous
public comment on our February 1,
2018 proposed rule (83 FR 4614). After
reviewing the comment, the EPA has
determined that the comment is outside
the scope of our proposed rule and fails
to identify any material issue
necessitating a response. Accordingly,
the EPA will not provide a specific
response to the comment. We note that
the public comment received on this
rulemaking action is available for
review by the public and may be viewed
by following the instructions for access
to docket materials as outlined in the
ADDRESSES section of this preamble.
IV. Final Action
For the reasons described in our
February 1, 2018 proposed rule (83 FR
4614), and under CAA section 110(k)(3),
the EPA is approving the submitted
revisions to Regulation No. 10, Section
II, the definition of Routine Conformity
Determination. In addition, we are also
approving the typographic corrections
to the Regulation No. 10 title, to Section
II and to the Section III subsections
III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2),
III.C.1.g and III.F.3.
The EPA notes that revisions were
also made to Colorado’s Regulation No.
10, section VI ‘‘Statements of Basis,
Specific Statutory Authority, and
Purpose’’; however, the EPA is not
taking any action on the revisions to this
section. The revisions to section VI are
only informational in nature for the
State and do not require federal
approval into the SIP.
V. Consideration of Section 110(1) of
the Clean Air Act
Under section 110(l) of the CAA, the
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirements concerning
attainment and Reasonable Further
Progress toward attainment of the
National Ambient Air Quality Standards
(NAAQS), or any other applicable
requirement of the CAA. The EPA has
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determined that the portions of
Regulation No. 10 that we are acting on
are consistent with the applicable
requirements of the CAA. Furthermore,
these portions do not relax any
previously approved SIP provision;
thus, they do not otherwise interfere
with attainment and maintenance of the
NAAQS. In addition, section 110(l) of
the CAA requires that each revision to
an implementation plan submitted by a
state shall be adopted by the state after
reasonable notice and opportunity for
public hearing. On February 18, 2016,
the AQCC held a public hearing and the
AQCC adopted the revisions to
Regulation No. 10 directly after the
hearing. This SIP revision became state
effective on March 30, 2016. Therefore,
the CAA section 110(l) requirements are
satisfied.
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VI. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revision to Regulation No. 10, Section II,
the definition of Routine Conformity
Determination effective March 30, 2016.
In addition, we are also incorporating by
reference the typographic corrections to
the Regulation No. 10 title, to Section II
and to the Section III subsections III.A.2,
III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g
and III.F.3 all effective March 30, 2016.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 8 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, are fully
federally enforceable under sections 110
and 113 of the CAA as of the effective
date of the final rulemaking of the EPA’s
approval, and will be included in the
next update to the SIP compilation.2
VII. 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, the 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
2 62
FR 27968 (May 22, 1997).
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 the 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, 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
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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. The 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 June 5, 2018.
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, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
40 CFR part 52 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 G—Colorado
2. Section 52.320(c) is amended:
a. By revising the centered heading for
‘‘5 CCR 1001–12’’; and
■ b. By revising, under the centered
heading ‘‘5 CCR 1001–12,’’ the table
entries for ‘‘II. Definitions’’ and ‘‘III.
Interagency Consultation.’’
The revisions read as follows:
■
■
§ 52.320
*
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Identification of plan.
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
(c) * * *
State
effective
date
Title
*
*
EPA
effective
date
*
Final rule citation/date
*
*
Comments
*
*
5 CCR 1001–12, Regulation Number 10, Criteria for Analysis of Transportation Conformity
*
*
II. Definitions ...............................................
III. Interagency Consultation .......................
*
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3/30/2016
3/30/2016
*
*
5/7/2018
5/7/2018
*
*
*
[Insert Federal Register citation], 4/6/2018.
[Insert Federal Register citation], 4/6/2018.
*
*
ENVIRONMENTAL PROTECTION
AGENCY
area(s). In addition, EPA is obligated to
promulgate a federal implementation
plan (FIP) to address any outstanding
SIP requirements, if a state does not
submit, and EPA does not approve, a
state’s submission within 24 months of
the effective date of these findings.
40 CFR Part 52
DATES:
[EPA–HQ–OAR–2018–0135; FRL–9976–35–
OAR]
ADDRESSES:
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[FR Doc. 2018–06846 Filed 4–5–18; 8:45 am]
BILLING CODE 6560–50–P
The effective date of this action
is May 7, 2018.
Findings of Failure To Submit State
Implementation Plan Submissions for
the 2012 Fine Particulate Matter
National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking final
action to find that three states have
failed to submit timely revisions to their
state implementation plans (SIPs) as
required to satisfy certain requirements
under the Clean Air Act (CAA) for
implementation of the annual 2012 Fine
Particulate Matter National Ambient Air
Quality Standards (2012 PM2.5 NAAQS).
These findings of failure to submit
apply to states with overdue SIP
revisions (or attainment plans) for
certain areas initially designated as
nonattainment and classified as
Moderate for the 2012 PM2.5 NAAQS on
April 15, 2015. The SIP revisions to
address all applicable Moderate area
attainment plan requirements for these
areas were due on October 15, 2016. If
a state does not make the required
complete SIP submission within 18
months of the effective date of these
findings, the CAA requires the
imposition of sanctions for the affected
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2018–0135. All
documents in the docket are listed and
publicly available at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information 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 at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC. 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 Office
of Air and Radiation Docket and
Information Center is (202) 566–1742.
Mr.
Patrick Lessard, U.S. Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code: C539–01,
109 T.W. Alexander Drive, Research
Triangle Park, NC 27711; by telephone
FOR FURTHER INFORMATION CONTACT:
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(919) 541–5383; or by email at
lessard.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(e)(B), provides that, when an
agency for good cause finds that notice
and public procedures are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs. Rather, the
findings are required by the CAA where
states have made no submissions to
meet the SIP requirements, or where
EPA has separately determined that they
made incomplete submissions. Thus,
notice and public comment procedures
are unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
B. How can I get copies of this document
and other related information?
In addition to being available in the
docket, an electronic copy of this action
will be posted at https://www.epa.gov/
pm-pollution/implementation-nationalambient-air-quality-standards-naaqsfine-particulate-matter.
C. Where do I go if I have a specific state
question?
For questions related to specific states
mentioned in this notice, please contact
the appropriate EPA Regional office:
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Agencies
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14757-14759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06846]
[[Page 14757]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-0AR-2017-0753; FRL-9976-02--Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Revisions to the Transportation Conformity
Consultation Process
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by Colorado on May 16, 2017. The May 16, 2017 SIP revision addresses
minor changes and typographical corrections to the transportation
conformity requirements of Colorado's Regulation Number 10 ``Criteria
for Analysis of Conformity.'' These actions are being taken under
section 110 of the Clean Air Act (CAA).
DATES: This rule is effective May 7, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R08-OAR-2017-0753. All documents in the docket are
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6479, or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In this action, the EPA is approving minor revisions to Colorado's
Regulation Number 10 which is entitled ``Criteria for Analysis of
Conformity'' (hereafter, ``Regulation No. 10''). We note the factual
background for this action and our evaluation of the State's May 16,
2017 Regulation No. 10 SIP submittal are discussed in detail in our
February 1, 2018 proposed rule (83 FR 4614); therefore, they will not
be restated here.
In summary, the purpose of Regulation No. 10 is to address the
transportation conformity SIP requirements of section 176(c) of the CAA
and 40 CFR 51.390(b). In addition, Regulation No. 10 also addresses the
following transportation conformity SIP element requirements: 40 CFR
93.105, which formalizes the consultation procedures; 40 CFR
93.122(a)(4)(ii), which addresses written commitments to control
measures that are not included in a Metropolitan Planning
Organization's (MPOs) transportation plan and transportation
improvement program that must be obtained prior to a conformity
determination; and 40 CFR 93.125(c), which addresses written
commitments to mitigation measures that must be obtained prior to a
project-level conformity determination.\1\ We note the most recent
prior SIP revisions to Regulation No. 10, that we approved, occurred on
March 4, 2014 (79 FR 12079).
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\1\ A conformity SIP includes a state's specific criteria and
procedures for certain aspects of the transportation conformity
process consistent with the federal conformity rule. A conformity
SIP does not contain motor vehicle emissions budgets, emissions
inventories, air quality demonstrations, or control measures. See
EPA's Guidance for Developing Transportation Conformity State
Implementation Plans (SIPs) for further background: https://nepis.epa.gov/Exe/ZyPDF.cgi/P1002W5B.PDF?Dockey=P1002W5B.PDF.
---------------------------------------------------------------------------
II. What was the State's process to submit a SIP revision to the EPA?
Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision
be adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state.
For the May 16, 2017 revisions to Regulation No. 10, the Colorado
Air Quality Control Commission (AQCC) held a public hearing for those
revisions on February 18, 2016. There were no public comments. The AQCC
adopted the revisions to Regulation No. 10 directly after the hearing.
This SIP revision became State effective on March 30, 2016, and was
submitted by Dr. Larry Wolk, Executive Director of the Colorado
Department of Public Health and Environment (CDPHE), and on behalf of
the Governor, to the EPA on May 16, 2017.
We evaluated the State's May 16, 2017 submittal for Regulation No.
10 and determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA. By
operation of law under section 110(k)(1)(B) of the CAA, the State's May
16, 2017 submittal was deemed complete by the EPA on November 25, 2017.
III. Response to Comments
The EPA received one anonymous public comment on our February 1,
2018 proposed rule (83 FR 4614). After reviewing the comment, the EPA
has determined that the comment is outside the scope of our proposed
rule and fails to identify any material issue necessitating a response.
Accordingly, the EPA will not provide a specific response to the
comment. We note that the public comment received on this rulemaking
action is available for review by the public and may be viewed by
following the instructions for access to docket materials as outlined
in the ADDRESSES section of this preamble.
IV. Final Action
For the reasons described in our February 1, 2018 proposed rule (83
FR 4614), and under CAA section 110(k)(3), the EPA is approving the
submitted revisions to Regulation No. 10, Section II, the definition of
Routine Conformity Determination. In addition, we are also approving
the typographic corrections to the Regulation No. 10 title, to Section
II and to the Section III subsections III.A.2, III.A.3, III.B.1.a,
III.C.1.b.(2), III.C.1.g and III.F.3.
The EPA notes that revisions were also made to Colorado's
Regulation No. 10, section VI ``Statements of Basis, Specific Statutory
Authority, and Purpose''; however, the EPA is not taking any action on
the revisions to this section. The revisions to section VI are only
informational in nature for the State and do not require federal
approval into the SIP.
V. Consideration of Section 110(1) of the Clean Air Act
Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and Reasonable Further Progress
toward attainment of the National Ambient Air Quality Standards
(NAAQS), or any other applicable requirement of the CAA. The EPA has
[[Page 14758]]
determined that the portions of Regulation No. 10 that we are acting on
are consistent with the applicable requirements of the CAA.
Furthermore, these portions do not relax any previously approved SIP
provision; thus, they do not otherwise interfere with attainment and
maintenance of the NAAQS. In addition, section 110(l) of the CAA
requires that each revision to an implementation plan submitted by a
state shall be adopted by the state after reasonable notice and
opportunity for public hearing. On February 18, 2016, the AQCC held a
public hearing and the AQCC adopted the revisions to Regulation No. 10
directly after the hearing. This SIP revision became state effective on
March 30, 2016. Therefore, the CAA section 110(l) requirements are
satisfied.
VI. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revision to Regulation No. 10, Section II, the definition of Routine
Conformity Determination effective March 30, 2016. In addition, we are
also incorporating by reference the typographic corrections to the
Regulation No. 10 title, to Section II and to the Section III
subsections III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g and
III.F.3 all effective March 30, 2016. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State implementation
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of the EPA's
approval, and will be included in the next update to the SIP
compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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VII. 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, the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 the 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, 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. The 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 June 5, 2018. 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended 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 52.320(c) is amended:
0
a. By revising the centered heading for ``5 CCR 1001-12''; and
0
b. By revising, under the centered heading ``5 CCR 1001-12,'' the table
entries for ``II. Definitions'' and ``III. Interagency Consultation.''
The revisions read as follows:
Sec. 52.320 Identification of plan.
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[[Page 14759]]
(c) * * *
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State EPA effective Final rule citation/
Title effective date date date Comments
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* * * * * * *
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5 CCR 1001-12, Regulation Number 10, Criteria for Analysis of Transportation Conformity
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II. Definitions.................................................................................................
III. Interagency Consultation...................................................................................
* * * * * * *
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[FR Doc. 2018-06846 Filed 4-5-18; 8:45 am]
BILLING CODE 6560-50-P