Approval and Promulgation of Implementation Plans; Colorado; Revisions to Code of Colorado Regulations; Regulation Number 3, 18054-18056 [2023-06120]
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18054
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations
2023’’ and adding ‘‘June 30, 2023’’ in its
place.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–06289 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2022–0612; FRL–10300–
02–R8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Code of Colorado
Regulations; Regulation Number 3
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the majority
of revisions to Regulation Number 3 of
the Code of Colorado Regulations (CCR)
submitted to the EPA by the State of
Colorado on March 22, 2021. The
revisions that the EPA is finalizing
approval on include updated references
to other sections of the CCR that were
moved to a new location, as well as
changes to Regulation 3 to reflect
digitalization of public notice and
comment procedures. The EPA is not
finalizing approval of revisions that
reflect changes made by Colorado to
update dates of incorporation by
reference (IBR) of sections of the Code
of Federal Regulations (CFR) for the
reasons outlined in section I of the
preamble of this final rule. The EPA is
taking this action pursuant to the Clean
Air Act (CAA).
DATES: This rule is effective on April 26,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2022–0612. 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., 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
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section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6709,
email address: lang.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
INFORMATION CONTACT
I. Background
The background for this action is
discussed in detail in our November 7,
2022 proposal.1 In that document we
proposed to approve a State
Implementation Plan (SIP) revision
submitted by Colorado which included
changes to Regulation 3, Parts A, B, and
C. The revisions to Regulation 3, Part A
were originally intended to be finalized
as an update to the date of IBR from
November 29, 2013 to December 11,
2014 of Global Warming Potentials as
codified in 40 CFR part 98, subpart A,
table A–1. This date of IBR was meant
to be added in both sections I.B.10 and
I.B.44.b.(i) of Part A. However, it was
determined that the final version of
Regulation 3, Part A, which was
inserted into the CCR, only showed the
removal of the November 29, 2013 date
without its necessary replacement with
the updated date of IBR. The EPA is not
able to approve the revised date into the
SIP since it was not formally included
in Colorado’s regulations. Colorado is
currently going through its state
rulemaking process to add the revised
date to section I.B.10 of Part A.
Therefore, in order to prevent the
deletion of the existing date of IBR
without having a replacement date, the
EPA will not take final action on the
revisions to Regulation 3, Part A, section
I.B.10 in this final rule. Further, while
the revised date was properly included
in the final version of section I.B.44 of
Part A that was inserted into the CCR,
the EPA will also not take final action
on the revisions to section I.B.44 in this
final rule in order to prevent conflicting
dates of IBR between sections I.B.10 and
I.B.44. Once Colorado has submitted
revisions showing the revised date in
section I.B.10 of Part A as having been
formally inserted into the CCR, then the
EPA will propose to take action on the
revisions that update the dates of IBR in
both sections I.B.10 and I.B.44.
In this action, the revisions to
Regulation 3, Parts B and D are being
1 Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Colorado Code of
Regulations; Regulation Number 3, 87 FR 66985
(November 7, 2022).
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finalized as proposed in our November
7, 2022 proposal. In that rule, we
proposed to approve those revisions to
Regulation 3, Parts B and D because
they were prepared in accordance with
the requirements in section 110 of the
CAA.
The EPA held a 30-day comment
period on the proposed rulemaking
beginning on November 7, 2022 and
closing on December 7, 2022. We
received a comment on the proposal
from one commenter. Our comment
summary and response to the comment
is below.
II. Response to Comments
Comment: Commenter stated
generally that any grammatical errors in
Regulation 3, Part B should be corrected
for clarity and offered their support of
the digital availability of permit
application materials.
Response: We thank the commenter
and acknowledge their comments. We
are not aware of, nor did the commenter
specifically highlight, any grammatical
errors in the submitted revisions to
Regulation 3, Part B. Moreso, we are not
aware of any grammatical errors that
would change the meaning or substance
of the submitted revisions. Therefore,
the EPA is finalizing the proposed
revisions to Regulation 3, Part B as
proposed.
III. Final Action
We are approving revisions to
Regulation 3, Parts B, sections III.C,
III.C.1.e, III.C.4, and III.D.1 as submitted
by the State of Colorado on March 22,
2021. We are also approving revisions to
Regulation 3, Part D, sections
II.A.11.a(viii), IV, IV.A, IV.A.1, and
IV.A.7 submitted by the State of
Colorado on March 22, 2021. We are not
finalizing approval of revisions to
Regulation 3, Part A, sections I.B.10 and
I.B.44.b(i) in this action as explained in
section I of this preamble. The EPA
intends to address Regulation 3, Part A,
sections I.B.10 and I.B.44.b(i) in a future
and separate rulemaking action.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
IBR. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the IBR
of Regulation 3, Parts B and D, which
include updated references to other
sections of the CCR and changes to
Regulation 3 to reflect digitalization of
public notice and comment procedures,
as set forth below in the amendments to
40 CFR part 52. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations
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, 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.2
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);
• 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);
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2 62
FR 27968 (May 22, 1997).
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• 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, 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
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 May 26, 2023.
Filing a petition for reconsideration by
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18055
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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 12, 2023.
K.C. Becker,
Regional Administrator, Region 8.
For the reasons set forth in the
preamble, 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. In § 52.320, the table in paragraph
(c) is amended by:
■ a. Under the heading ‘‘5 CCR 1001–05,
Regulation Number 3, Part B,
Concerning Construction Permits’’,
revising the entry ‘‘III. Construction
Permit Review Procedures’’;
■ b. Under the heading ‘‘5 CCR 1001–
05, Regulation Number 3, Part D,
Concerning Major Stationary Source
New Source Review and Prevention of
Significant Deterioration’’, revising the
entries ‘‘II. Definitions’’, and ‘‘IV. Public
Comment Requirements’’.
The revisions read as follows:
■
§ 52.320
*
Identification of plan.
*
*
(c) * * *
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18056
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations
State effective
date
Title
*
*
*
EPA effective
date
Final rule citation/date
*
*
*
Comments
*
5 CCR 1001–05, Regulation Number 3, Part B, Concerning Construction Permits
*
*
III. Construction Permit Review Procedures.
*
2/14/2021
*
4/26/2023
*
*
[insert Federal Register citation], 3/27/2023.
*
5 CCR 1001–05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant
Deterioration
*
*
II. Definitions .........................................
*
2/14/2021
*
4/26/2023
*
*
[insert Federal Register citation], 3/27/2023.
*
*
*
IV. Public Comment and Hearing Requirements.
*
2/14/2021
*
4/26/2023
*
*
[insert Federal Register citation], 3/2/2023.
*
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2021–0200; FRL–8515–01–
OAR]
RIN 2060–AV23
New Source Performance Standards
Review for Industrial Surface Coating
of Plastic Parts for Business Machines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing amendments
to the new source performance
standards for Industrial Surface Coating
of Plastic Parts for Business Machines
pursuant to the review required by the
Clean Air Act. For affected facilities that
commence construction, modification,
or reconstruction after June 21, 2022,
the EPA is, in a new subpart, finalizing
volatile organic compound (VOC)
emission limitations for prime, color,
texture, and touch-up coating
operations. We are also finalizing a
requirement for electronic submission of
periodic compliance reports.
DATES: This final rule is effective on
March 27, 2023. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of March 27,
2023.
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SUMMARY:
18:20 Mar 24, 2023
*
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0200. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, 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 electronically through https://
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Ms.
Lisa Sutton, Minerals and
Manufacturing Group, Sector Policies
and Programs Division (D243–04),
Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–3450; and email
address: sutton.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. Throughout this
document the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
We use multiple acronyms and terms in
this preamble. While this list may not be
exhaustive, to ease the reading of this
preamble and for reference purposes,
the EPA defines the following terms and
acronyms here:
ADDRESSES:
[FR Doc. 2023–06120 Filed 3–24–23; 8:45 am]
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ANSI American National Standards
Institute
ASTM ASTM International
BID background information document
BSER best system of emission reduction
CAA Clean Air Act
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*
*
CBI Confidential Business Information
CDX Central Data Exchange
CEDRI Compliance and Emissions Data
Reporting Interface
CFR Code of Federal Regulations
CTG Control Techniques Guidelines
document
EJ environmental justice
EPA Environmental Protection Agency
FR Federal Register
IBR incorporate by reference
ICR information collection request
km kilometer
Mg megagram
Mg/yr megagrams per year
NAAQS National Ambient Air Quality
Standards
NAICS North American Industry
Classification System
NSPS new source performance standards
NTTAA National Technology Transfer and
Advancement
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RIN Regulatory Information Number
SIC standard industrial classification
SSM startup, shutdown, and malfunctions
tpy tons per year
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS voluntary consensus standard
VOC volatile organic compound(s)
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. Judicial Review and Administrative
Review
II. Background
A. What is the statutory authority for this
final action?
B. How does the EPA perform the NSPS
review?
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]]>Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18054-18056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06120]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0612; FRL-10300-02-R8]
Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Code of Colorado Regulations; Regulation Number 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
majority of revisions to Regulation Number 3 of the Code of Colorado
Regulations (CCR) submitted to the EPA by the State of Colorado on
March 22, 2021. The revisions that the EPA is finalizing approval on
include updated references to other sections of the CCR that were moved
to a new location, as well as changes to Regulation 3 to reflect
digitalization of public notice and comment procedures. The EPA is not
finalizing approval of revisions that reflect changes made by Colorado
to update dates of incorporation by reference (IBR) of sections of the
Code of Federal Regulations (CFR) for the reasons outlined in section I
of the preamble of this final rule. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on April 26, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2022-0612. 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., 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: Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6709, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
November 7, 2022 proposal.\1\ In that document we proposed to approve a
State Implementation Plan (SIP) revision submitted by Colorado which
included changes to Regulation 3, Parts A, B, and C. The revisions to
Regulation 3, Part A were originally intended to be finalized as an
update to the date of IBR from November 29, 2013 to December 11, 2014
of Global Warming Potentials as codified in 40 CFR part 98, subpart A,
table A-1. This date of IBR was meant to be added in both sections
I.B.10 and I.B.44.b.(i) of Part A. However, it was determined that the
final version of Regulation 3, Part A, which was inserted into the CCR,
only showed the removal of the November 29, 2013 date without its
necessary replacement with the updated date of IBR. The EPA is not able
to approve the revised date into the SIP since it was not formally
included in Colorado's regulations. Colorado is currently going through
its state rulemaking process to add the revised date to section I.B.10
of Part A. Therefore, in order to prevent the deletion of the existing
date of IBR without having a replacement date, the EPA will not take
final action on the revisions to Regulation 3, Part A, section I.B.10
in this final rule. Further, while the revised date was properly
included in the final version of section I.B.44 of Part A that was
inserted into the CCR, the EPA will also not take final action on the
revisions to section I.B.44 in this final rule in order to prevent
conflicting dates of IBR between sections I.B.10 and I.B.44. Once
Colorado has submitted revisions showing the revised date in section
I.B.10 of Part A as having been formally inserted into the CCR, then
the EPA will propose to take action on the revisions that update the
dates of IBR in both sections I.B.10 and I.B.44.
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\1\ Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Colorado Code of Regulations; Regulation Number 3, 87
FR 66985 (November 7, 2022).
---------------------------------------------------------------------------
In this action, the revisions to Regulation 3, Parts B and D are
being finalized as proposed in our November 7, 2022 proposal. In that
rule, we proposed to approve those revisions to Regulation 3, Parts B
and D because they were prepared in accordance with the requirements in
section 110 of the CAA.
The EPA held a 30-day comment period on the proposed rulemaking
beginning on November 7, 2022 and closing on December 7, 2022. We
received a comment on the proposal from one commenter. Our comment
summary and response to the comment is below.
II. Response to Comments
Comment: Commenter stated generally that any grammatical errors in
Regulation 3, Part B should be corrected for clarity and offered their
support of the digital availability of permit application materials.
Response: We thank the commenter and acknowledge their comments. We
are not aware of, nor did the commenter specifically highlight, any
grammatical errors in the submitted revisions to Regulation 3, Part B.
Moreso, we are not aware of any grammatical errors that would change
the meaning or substance of the submitted revisions. Therefore, the EPA
is finalizing the proposed revisions to Regulation 3, Part B as
proposed.
III. Final Action
We are approving revisions to Regulation 3, Parts B, sections
III.C, III.C.1.e, III.C.4, and III.D.1 as submitted by the State of
Colorado on March 22, 2021. We are also approving revisions to
Regulation 3, Part D, sections II.A.11.a(viii), IV, IV.A, IV.A.1, and
IV.A.7 submitted by the State of Colorado on March 22, 2021. We are not
finalizing approval of revisions to Regulation 3, Part A, sections
I.B.10 and I.B.44.b(i) in this action as explained in section I of this
preamble. The EPA intends to address Regulation 3, Part A, sections
I.B.10 and I.B.44.b(i) in a future and separate rulemaking action.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes IBR. In accordance with requirements of 1 CFR 51.5, the EPA is
finalizing the IBR of Regulation 3, Parts B and D, which include
updated references to other sections of the CCR and changes to
Regulation 3 to reflect digitalization of public notice and comment
procedures, as set forth below in the amendments to 40 CFR part 52. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA
[[Page 18055]]
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, 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.\2\
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\2\ 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);
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 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. 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 May 26, 2023. 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: March 12, 2023.
K.C. Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 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. In Sec. 52.320, the table in paragraph (c) is amended by:
0
a. Under the heading ``5 CCR 1001-05, Regulation Number 3, Part B,
Concerning Construction Permits'', revising the entry ``III.
Construction Permit Review Procedures'';
0
b. Under the heading ``5 CCR 1001-05, Regulation Number 3, Part D,
Concerning Major Stationary Source New Source Review and Prevention of
Significant Deterioration'', revising the entries ``II. Definitions'',
and ``IV. Public Comment Requirements''.
The revisions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
[[Page 18056]]
----------------------------------------------------------------------------------------------------------------
State effective EPA effective Final rule citation/
Title date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part B, Concerning Construction Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
III. Construction Permit Review 2/14/2021 4/26/2023 [insert Federal
Procedures. Register citation],
3/27/2023.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
II. Definitions.................. 2/14/2021 4/26/2023 [insert Federal
Register citation],
3/27/2023.
* * * * * * *
IV. Public Comment and Hearing 2/14/2021 4/26/2023 [insert Federal
Requirements. Register citation],
3/2/2023.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-06120 Filed 3-24-23; 8:45 am]
BILLING CODE 6560-50-P
