Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3, 18991-18993 [2019-09050]
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations
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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 24, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
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.
2. Section 52.2585 is amended by
adding paragraph (hh) to read as
follows:
■
§ 52.2585
Control strategy: Ozone.
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(hh) Approval—On July 19, 2018,
Wisconsin submitted a SIP revision
certifying that the existing SIP-approved
nonattainment new source review
regulations fully satisfy the
nonattainment new source review
requirements for marginal and moderate
ozone nonattainment areas for the 2008
ozone NAAQS.
[FR Doc. 2019–09110 Filed 5–2–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
[EPA–R08–OAR–2018–0593; FRL–9992–97–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to Regulation
Number 3
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
Colorado on February 25, 2015, and
May 24, 2017. These SIP revisions are
SUMMARY:
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necessary for Colorado to address
current federal prevention of significant
deterioration (PSD) and nonattainment
new source review (NSR) regulations. In
this rulemaking, we are taking final
action on all portions of the February
25, 2015, and May 24, 2017 submittals,
except for those portions of the
submittal which have been previously
acted on or do not belong in the SIP.
The intended effect of this action is to
bring Colorado’s PSD and
nonattainment NSR permitting
programs in line with federal
requirements. This action is being taken
under section 110 of the Clean Air Act
(CAA).
DATES: This final rule is effective on
June 3, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0593. 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:
Kevin Leone, Air Program, EPA, Region
8, Mailcode 8P–AR, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
The EPA is taking final action to
approve all revisions as submitted by
the State of Colorado on February 25,
2015, and May 24, 2017, with the
exception of the revisions that we have
previously acted on or proposed to not
act on, as outlined in section I. of our
proposed rulemaking published on
February 28, 2019 (84 FR 6732). On
October 12, 2017 (82 FR 47380), we
approved the following provisions that
were part of the February 25, 2015
submittal: (1) Colorado’s revisions to
fine particulate matter (PM2.5),
significant impact levels (SILs) and
significant monitoring concentration
(SMC) provisions; (2) Revisions to
Colorado’s air pollution emission
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18991
notices; and (3) Revisions to public
notice requirements.
This final action approves the
remaining revisions in the February 25,
2015 submittal that include revisions to
the State’s PSD program in Regulation
Number 3, the definitions of carbon
dioxide equivalent (CO2e) and regulated
NSR pollutant, and the addition of
plantwide applicability limit (PAL)
provisions for greenhouse gases (GHGs).
On March 24, 2017, the State submitted
two sets of SIP revisions to Regulation
Number 3: The first pertaining to
regulatory changes necessary in
response to the June 23, 2014 U.S.
Supreme Court decision in Utility Air
Regulatory Group v. EPA; and the
second addresses nonattainment NSR
applicability in (among other things)
ozone nonattainment areas that have
been classified or reclassified as serious,
severe or extreme. We proposed to
approve those revisions in the February
28, 2019 rulemaking and are now taking
final action to approve them.
We provided a detailed explanation of
the bases for our proposed approval in
our February 28, 2019 rulemaking,
which will not be restated here. See 84
FR 6732. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on April 1, 2019.
II. Response to Comments
We received no comments during the
public comment period.
III. Final Action
As outlined in our proposed
rulemaking, the EPA is taking final
action to approve the addition of new
and revised rules to Regulation 3 that
were submitted by Colorado on
February 25, 2015, and May 24, 2017.
Specifically, we are taking final action
to approve the following revisions:
Regulation Number 3, Part A: I.
(Applicability)—I.B.10., I.B.23., I.B.25.c.,
I.B.28., I.B.28e., I.B.43., I.B.44.b.,
I.B.44.c., I.B.44.e.; V. (Certification And
Trading Of Emission Reduction Credits
Offset And Netting Transactions)—
V.C.6., V.C.7., V.C.8., V.C.12., V.I.1; VI.
(Fees)—VI.C.1.c, VI.C.1.; Regulation
Number 3, Part D: I. (Applicability)—
I.A.2., I.A.3.; I.B.1., I.B.2., I.B.3., I.C.; II.
(Definitions)—II.A.I.d., II.A.2., II.A.4.,
II.A.4.e., II.A.4.f., II.A.5.c., II.A.13.a.,
II.A.13.a.(i)–(ii), II.A.13.b., II.A.13.b.(i)–
(ii), II.A.16.–22., II.A.22.a.–c., II.A.23.–
31. II.A.32.–35., II.A.36.–39., II.A.40.a.–
c., II.A.40.d., II.A.40.e.–g., II.A.41.–45.,
II.A.46., II.A.46.a.–b., II.A.47., II.A.47.a.–
b., II.A.48.; V. (Requirements Applicable
to Nonattainment Areas)—V.A.3.c.,
V.A.7.c., V.A.7.c.(i)(C)., V.A.7.c.(v); VI.
(Requirements applicable to attainment
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and unclassifiable areas and pollutants
implemented under Section 110 of the
Federal Act (Prevention of Significant
Deterioration Program))—
VI.A.6.,VI.B.5., VI.B.5.a.(iii),VI.B.5.e.;
XV (Actual PALs)—XV.A.1., XV.A.2.,
XV.A.2.c.–d., XV.A.3., XV.B., XV.B.1.,
XV.B.4., XV.C.1., XV.C.1.a., XV.C.1.d.,
XV.C.1.g, XV.D., XV.E.1., XV.E.6.,
XV.E.6.a.–c., XV.F.1., XV.F.3., XV.F.5.,
XV.F.6., XV.F.7., XV.F.11, XV.G.2.b.,
XV.H.1.a., XV.H.4., XV.H.5., XV.I.1.,
XV.I.2., XV.I.4.c.(i)–(ii). XV.J.1.,
XV.J.1.a.–b., XV.K.1.a, XV.N.1.b,
XV.N.1.d., and XV.N.2.
IV. Incorporation by Reference
In this document, 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 State
of Colorado’s revisions to its State
Implementation Plan as described in
section III. of this preamble. 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 SIP, have been incorporated by
reference by the EPA into that 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
incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
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1 62
FR 27968 (May 22, 1997).
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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, 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 CAA; 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 the 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
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Dated: April 29, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. In § 52.320, the table in paragraph
(c) is amended:
■ a. Under the center heading ‘‘5 CCR
1001–05, Regulation Number 3, Part A,
Concerning General Provisions
Applicable to Reporting and Permitting’’
by revising entries I, V, and VI; and
■ b. Under the center heading ‘‘5 CCR
1001–05, Regulation Number 3, Part D,
Concerning Major Stationary Source
New Source Review and Prevention of
Significant Deterioration’’ by revising
entries I, II, V, VI, and XV.
The revisions read as follows:
■
§ 52.320
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Identification of plan.
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(c) * * *
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State effective
date
Title
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EPA effective
date
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Final rule citation/date
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Comments
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5 CCR 1001–05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
I. Applicability ..............................................................
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10/15/2014
3/16/2016
[Insert Federal Register
citation]. 5/3/2019.
10/15/2014
6/3/2019
10/15/2014
6/3/2019
[Insert Federal Register
citation]. 5/3/2019.
[Insert Federal Register
citation]. 5/3/2019.
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V. Certification and Trading of Emission Reduction
Credits Offset and Netting Transactions.
VI. Fees .......................................................................
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6/3/2019
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5 CCR 1001–05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant
Deterioration
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I. Applicability ..............................................................
10/15/2014
6/3/2019
II. Definitions ...............................................................
10/15/2014
3/16/2016
6/3/2019
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*
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*
10/15/2014
6/3/2019
VI. Requirements applicable to attainment and
unclassifiable areas and pollutants implemented
under Section 110 of the Federal Act (Prevention
of Significant Deterioration Program).
10/15/2014
6/3/2019
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[FR Doc. 2019–09050 Filed 5–2–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 158
[EPA–HQ–OPP–2018–0668; FRL–9984–52]
RIN 2070–AK41
Pesticides; Technical Amendment to
Data Requirements for Antimicrobial
Pesticides
16:09 May 02, 2019
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individual and not on the amount of
residue present on a single food, as was
incorrectly implied by the previous
regulatory text. This change is intended
to enhance understanding of the data
required to support an antimicrobial
pesticide registration and does not alter
the burden or costs associated with
these previously-promulgated
requirements. This action does not
otherwise establish any new data
requirements or any other revisions
(substantive or otherwise) to existing
requirements.
This final rule is effective July 2,
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0668 is
available online at https://
www.regulations.gov or in person at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the EPA
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
PO 00000
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[Insert Federal Register
citation]. 5/3/2019.
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ADDRESSES:
EPA is finalizing a correction
pertaining to the ‘‘200 ppb (parts per
billion) level’’ described in the
antimicrobial pesticides data
requirements regulation to clarify that
the 200 ppb level is based on total
estimated daily dietary intake for an
SUMMARY:
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[Insert Federal Register
citation]. 5/3/2019.
[Insert Federal Register
citation]. 5/3/2019.
2019.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
*
[Insert Federal Register
citation]. 5/3/2019.
[Insert Federal Register
citation]. 5/3/2019.
*
6/3/2019
*
DATES:
AGENCY:
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V. Requirements Applicable to Nonattainment Areas
XV. Actual PALs .........................................................
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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:
Cameo Smoot, Field and External
Affairs Division (7506P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; (703)
305–5454; email address:
smoot.cameo@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you are a producer or
registrant of an antimicrobial pesticide
product or device. The following list of
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[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 18991-18993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09050]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0593; FRL-9992-97-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of Colorado on February 25, 2015, and May 24, 2017. These
SIP revisions are necessary for Colorado to address current federal
prevention of significant deterioration (PSD) and nonattainment new
source review (NSR) regulations. In this rulemaking, we are taking
final action on all portions of the February 25, 2015, and May 24, 2017
submittals, except for those portions of the submittal which have been
previously acted on or do not belong in the SIP. The intended effect of
this action is to bring Colorado's PSD and nonattainment NSR permitting
programs in line with federal requirements. This action is being taken
under section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on June 3, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0593. 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: Kevin Leone, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-6227, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The EPA is taking final action to approve all revisions as
submitted by the State of Colorado on February 25, 2015, and May 24,
2017, with the exception of the revisions that we have previously acted
on or proposed to not act on, as outlined in section I. of our proposed
rulemaking published on February 28, 2019 (84 FR 6732). On October 12,
2017 (82 FR 47380), we approved the following provisions that were part
of the February 25, 2015 submittal: (1) Colorado's revisions to fine
particulate matter (PM2.5), significant impact levels (SILs)
and significant monitoring concentration (SMC) provisions; (2)
Revisions to Colorado's air pollution emission notices; and (3)
Revisions to public notice requirements.
This final action approves the remaining revisions in the February
25, 2015 submittal that include revisions to the State's PSD program in
Regulation Number 3, the definitions of carbon dioxide equivalent
(CO2e) and regulated NSR pollutant, and the addition of plantwide
applicability limit (PAL) provisions for greenhouse gases (GHGs). On
March 24, 2017, the State submitted two sets of SIP revisions to
Regulation Number 3: The first pertaining to regulatory changes
necessary in response to the June 23, 2014 U.S. Supreme Court decision
in Utility Air Regulatory Group v. EPA; and the second addresses
nonattainment NSR applicability in (among other things) ozone
nonattainment areas that have been classified or reclassified as
serious, severe or extreme. We proposed to approve those revisions in
the February 28, 2019 rulemaking and are now taking final action to
approve them.
We provided a detailed explanation of the bases for our proposed
approval in our February 28, 2019 rulemaking, which will not be
restated here. See 84 FR 6732. We invited comment on all aspects of our
proposal and provided a 30-day comment period. The comment period ended
on April 1, 2019.
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
As outlined in our proposed rulemaking, the EPA is taking final
action to approve the addition of new and revised rules to Regulation 3
that were submitted by Colorado on February 25, 2015, and May 24, 2017.
Specifically, we are taking final action to approve the following
revisions: Regulation Number 3, Part A: I. (Applicability)--I.B.10.,
I.B.23., I.B.25.c., I.B.28., I.B.28e., I.B.43., I.B.44.b., I.B.44.c.,
I.B.44.e.; V. (Certification And Trading Of Emission Reduction Credits
Offset And Netting Transactions)--V.C.6., V.C.7., V.C.8., V.C.12.,
V.I.1; VI. (Fees)--VI.C.1.c, VI.C.1.; Regulation Number 3, Part D: I.
(Applicability)--I.A.2., I.A.3.; I.B.1., I.B.2., I.B.3., I.C.; II.
(Definitions)--II.A.I.d., II.A.2., II.A.4., II.A.4.e., II.A.4.f.,
II.A.5.c., II.A.13.a., II.A.13.a.(i)-(ii), II.A.13.b., II.A.13.b.(i)-
(ii), II.A.16.-22., II.A.22.a.-c., II.A.23.-31. II.A.32.-35., II.A.36.-
39., II.A.40.a.-c., II.A.40.d., II.A.40.e.-g., II.A.41.-45., II.A.46.,
II.A.46.a.-b., II.A.47., II.A.47.a.-b., II.A.48.; V. (Requirements
Applicable to Nonattainment Areas)--V.A.3.c., V.A.7.c.,
V.A.7.c.(i)(C)., V.A.7.c.(v); VI. (Requirements applicable to
attainment
[[Page 18992]]
and unclassifiable areas and pollutants implemented under Section 110
of the Federal Act (Prevention of Significant Deterioration Program))--
VI.A.6.,VI.B.5., VI.B.5.a.(iii),VI.B.5.e.; XV (Actual PALs)--XV.A.1.,
XV.A.2., XV.A.2.c.-d., XV.A.3., XV.B., XV.B.1., XV.B.4., XV.C.1.,
XV.C.1.a., XV.C.1.d., XV.C.1.g, XV.D., XV.E.1., XV.E.6., XV.E.6.a.-c.,
XV.F.1., XV.F.3., XV.F.5., XV.F.6., XV.F.7., XV.F.11, XV.G.2.b.,
XV.H.1.a., XV.H.4., XV.H.5., XV.I.1., XV.I.2., XV.I.4.c.(i)-(ii).
XV.J.1., XV.J.1.a.-b., XV.K.1.a, XV.N.1.b, XV.N.1.d., and XV.N.2.
IV. Incorporation by Reference
In this document, 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
State of Colorado's revisions to its State Implementation Plan as
described in section III. of this preamble. 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 SIP, have been
incorporated by reference by the EPA into that 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 incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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, 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 CAA; 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 the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
Organic Compounds.
Dated: April 29, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320, the table in paragraph (c) is amended:
0
a. Under the center heading ``5 CCR 1001-05, Regulation Number 3, Part
A, Concerning General Provisions Applicable to Reporting and
Permitting'' by revising entries I, V, and VI; and
0
b. Under the center heading ``5 CCR 1001-05, Regulation Number 3, Part
D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration'' by revising entries I, II, V, VI, and
XV.
The revisions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
[[Page 18993]]
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State EPA effective Final rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------
I. Applicability.................. 10/15/2014 6/3/2019 [Insert Federal
3/16/2016 Register citation].
5/3/2019.
* * * * * * *
V. Certification and Trading of 10/15/2014 6/3/2019 [Insert Federal
Emission Reduction Credits Offset Register citation].
and Netting Transactions. 5/3/2019.
VI. Fees.......................... 10/15/2014 6/3/2019 [Insert Federal
Register citation].
5/3/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
I. Applicability.................. 10/15/2014 6/3/2019 [Insert Federal
Register citation].
5/3/2019.
II. Definitions................... 10/15/2014 6/3/2019 [Insert Federal
3/16/2016 Register citation].
5/3/2019.
* * * * * * *
V. Requirements Applicable to 10/15/2014 6/3/2019 [Insert Federal
Nonattainment Areas. Register citation].
5/3/2019.
VI. Requirements applicable to 10/15/2014 6/3/2019 [Insert Federal
attainment and unclassifiable Register citation].
areas and pollutants implemented 5/3/2019.
under Section 110 of the Federal
Act (Prevention of Significant
Deterioration Program).
* * * * * * *
XV. Actual PALs................... 10/15/2014 6/3/2019 [Insert Federal
Register citation].
5/3/2019.
* * * * * * *
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* * * * *
[FR Doc. 2019-09050 Filed 5-2-19; 8:45 am]
BILLING CODE 6560-50-P
