[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47083-47086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22612]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO-001-0048a, CO-001-0049a, CO-001-0050a; FRL-7044-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Trip Reduction, and Reduction of Diesel Vehicle 
Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the Governor of 
Colorado on May 10, 2000. This submittal revises Colorado's Regulation 
12, Reduction of Diesel Vehicle Emissions, and repeals Colorado's 
Regulation 9, Trip Reduction. EPA is taking this action under section 
110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective on November 13, 2001 without 
further notice, unless the EPA receives adverse comments by October 11, 
2001. If adverse comment is received, the EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mail code 8P-AR, 999 18th Street, Suite 300, 
Denver, Colorado, 80202. Copies of the documents relevant to this 
action are available for public inspection during normal business hours 
at the Air and Radiation Program, Environmental Protection Agency, 
Region VIII, 999 18th Street, Suite 300, Denver, Colorado, 80202 and 
copies of the Incorporation by Reference material are available at the 
Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. Copies of 
the State documents relevant to this action are available for public 
inspection at the Colorado Air Pollution

[[Page 47084]]

Control Division, Colorado Department of Public Health and Environment, 
4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, EPA, Region VIII, (303) 
312-6493.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' or ``us'' is used, we mean EPA.

Table of Contents

I. Summary of EPA's actions
II. What is the State's process to submit these materials to EPA?
    A. Regulation 9, Trip Reduction
    B. Regulation 12, Reduction of Diesel Vehicle Emissions
III. Evaluation of the State's Submittal
    A. Regulation 9, Trip Reduction
    B. Regulation 12, Reduction of Diesel Vehicle Emissions
IV. Final Action
V. Administrative Requirements

I. Summary of EPA's Actions

    We are taking direct final rulemaking action to approve revisions 
to Colorado's SIP submitted by the Governor on May 10, 2000. This 
submittal updates Colorado's Regulation 12, Reduction of Diesel Vehicle 
Emissions. Specifically, this revision removes the program from 
Colorado Springs, Ft. Collins, and Greeley, or areas outside the Denver 
particulate matter of 10 microns in size or smaller (PM10) 
non-attainment boundary. In addition, the May 10, 2000 submittal 
repeals Regulation 9, Trip Reduction. These regulations are obsolete 
and have been effectively replaced by other transportation programs.

II. What Is the State's Process To Submit These Materials to 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 
us. 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 to us.

A. Regulation 9, Trip Reduction

    The Colorado Air Quality Control Commission (AQCC) held a public 
hearing on February 17, 2000, to repeal Regulation 9, Trip Reduction, 
and remove it from the SIP because it has been effectively replaced by 
other transportation programs. The Denver Regional Council of 
Governments RideArrangers program, the Regional Transportation 
District's ECOPass program, and the Transportation Management 
Associations are all transportation control measures in the SIP and are 
federally enforceable. The AQCC repealed Regulation 9 on February 17, 
2000. This SIP revision became State effective on April 30, 2000, and 
was submitted by the Governor to us on May 10, 2000.

B. Regulation 12, Reduction of Diesel Vehicle Emissions

    The Colorado AQCC held a public hearing on March 16, 2000, for 
Regulation 12, Reduction of Diesel Vehicle Emissions, to remove the 
program from the SIP for Colorado Springs, Ft. Collins, and Greeley 
(areas outside the Denver PM10 non-attainment area). The 
AQCC adopted the revisions to the SIP on March 16, 2000. This SIP 
revision became State effective on May 30, 2000, and was submitted by 
the Governor to us on May 10, 2000.
    We have evaluated the Governor's submittal and have 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 Governor's May 10, 2000, submittal became 
complete on November 10, 2000.

III. Evaluation of the State's Submittal

A. Regulation 9, Trip Reduction

    Colorado's Regulation 9 is entitled ``Trip Reduction.'' In this 
action, we are approving Colorado's May 10, 2000, repeal and removal of 
Regulation 9 from the SIP, as adopted by the AQCC on February 17, 2000, 
and State effective on April 30, 2000. The purpose of Regulation 9 was 
to promote alternatives to single occupancy driving, but did not itself 
establish alternative transportation measures. Rather, Regulation 9 
required government and large businesses to provide employees with 
information regarding public transit, ride sharing, and other emission-
reducing means of travel, as well as providing bicycle and car pool 
parking at the employment site. Regulation 9 was identified as one of 
many possible transportation control measures in the 1979 Ozone SIP; 
however, no emissions reduction credit was specifically assigned to 
Regulation 9.
    Regulation 9 was partially implemented by the State between 1979 
and 1983, at which point the State ceased further activity with respect 
to this regulation. Subsequent SIP revisions failed to identify 
Regulation 9 as a transportation control measure. The Governor 
submitted a SIP revision in 1990 to remove this regulation from the 
SIP, but EPA returned this SIP revision to the Governor in 1991 as 
incomplete. The ozone maintenance plan for Denver submitted in August 
1996 demonstrated maintenance of the ozone standard without Regulation 
9, and revisions to this maintenance plan recently adopted by the AQCC 
for hearing also demonstrate that Regulation 9 is not necessary for 
maintenance of the ozone standard. The regulation has been effectively 
superseded by several other SIP and non-SIP transportation programs 
such as Denver Regional Council of Government's RideArrangers program, 
the Regional Air Quality Council's Ozone Action Day program, the 
Regional Transportation District's ECOPass program, and Transportation 
Management Associations which develop and implement travel reduction 
programs, promote alternative transportation measures, and provide 
assistance to employers with travel reduction. The Denver Regional 
Council of Governments RideArrangers program, the Regional 
Transportation District's ECOPass program, and the Transportation 
Management Associations are all transportation control measures in the 
SIP and are federally enforceable.
    On November 30, 2000, the Governor of Colorado submitted a revised 
redesignation request and maintenance plan for the 1-hour ozone 
standard for Denver. Colorado was able to demonstrate maintenance of 
the ozone National Ambient Air Quality Standards (NAAQS) with out 
emission reduction credit assigned to Regulation 9. In addition, 
Regulation 9 was not referred to as a transportation control measure in 
the ozone SIP. We are currently processing Denver's redesignation 
request and maintenance plan for the 1-hour ozone standard and expect 
approval of Denver's plan in Summer 2001.
    Section 110(l) and 193 of the CAA states that no control 
requirement may be modified in a nonattainment area unless the 
modification insures equivalent or greater emission reductions of the 
specified air pollutant. Because we are currently redesignating Denver 
to attainment for the 1-hour ozone standard and expect approval of the 
redesignation request and maintenance plan in Summer 2001, we have 
determined Regulation 9 can be repealed. Furthermore, Regulation 9 does 
not directly affect a specific pollutant, but rather Regulation 9 was 
aimed at reducing vehicle miles traveled, which has been made up for by 
other transportation programs. Regulation 9 has been effectively

[[Page 47085]]

replaced by other programs, and thus, it may be removed from the SIP.

B. Regulation 12, Reduction of Diesel Vehicle Emissions

    Colorado's Regulation 12 is entitled ``Reduction of Diesel Vehicle 
Emissions.'' In this action, we are approving Colorado's May 10, 2000, 
revisions to Regulation 12, as adopted by the AQCC on March 16, 2000, 
and State effective on May 30, 2000, and note these revisions supersede 
and replace the version of Regulation 12 that we approved on November 
19, 1992 (57 FR 54509). We note that the Governor submitted another 
revision to Regulation 12 prior to May 10, 2000, that we never approved 
and that the Governor's May 10, 2000, submittal also supersedes and 
replaces this other revision to Regulation 12.
    Regulation 12 was revised to remove the ``Reduction of Diesel 
Vehicle Emissions'' program from the SIP for the areas of Colorado 
Springs, Ft. Collins, and Greeley (El Paso County, Larimer County, and 
Weld County.) Regulation 12 is a control measure relied upon to 
demonstrate attainment in the Denver PM10 SIP. The entire 
diesel program was included in the SIP which includes El Paso County, 
Larimer County, and Weld County. The program will be retained as a 
State only enforceable program in those areas, and will be retained in 
the SIP for the Denver metro area. The program is not necessary to meet 
the federal requirements outside the non-attainment area, and thus, the 
SIP revisions are approvable. The diesel inspection programs 
established in Regulation 12, are federally required because the State 
took emissions reduction credit for such program in the attainment 
demonstration for the 1995 Denver PM10 SIP.
    In addition, the revision corrects the statutory reference defining 
the areas of applicability, as well as statutory references that 
specify eligible vehicles. These non-substantive, editorial corrections 
are approvable.

IV. Final Action

    In this action, we are approving the State of Colorado's revisions 
to Regulation 12, Reduction of Diesel Vehicle Emissions. We are also 
approving the repeal of Colorado's Regulation 9, Trip Reduction. These 
SIP revisions were submitted by the Governor of Colorado on May 10, 
2000. We are publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, we are publishing a separate document 
that will serve as the proposal to approve the SIP revisions if adverse 
comments are filed. This rule will be effective November 13, 2001 
without further notice unless the Agency receives adverse comments by 
October 11, 2001. If we receive adverse comments, then we will publish 
a timely withdrawal of the direct final rule, in the Federal Register, 
informing the public that the rule will not take effect. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. If no such comments are received, the public is advised 
that this rule will be effective on November 13, 2001, and no further 
action will be taken on the proposed rule. Please note that if we 
receive adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective November 13, 2001

[[Page 47086]]

unless EPA receives adverse written comments by October 11, 2001.
    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 November 13, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: July 10, 2001.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.

    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart G--Colorado

    2. Section 52.320 is amended by adding paragraph (c)(11)(i) to read 
as follows:


Sec. 52.320  Identification of plan.

* * * * *
    (c) *  *  *
    (11) *  *  *
    (i) Regulation 9, ``Trip Reduction,'' previously approved on 
October 5, 1979, and now deleted without replacement.
* * * * *
    (91) On May 10, 2000, the Governor of Colorado submitted revisions 
to the Colorado State Implementation Plan consisting of: Revisions to 
Regulation 12 to remove the ``Reduction of Diesel Vehicle Emissions'' 
program from areas outside the Denver PM10 non-attainment 
area, and Regulation 9 ``Trip Reduction,'' effective on January 30, 
1979, is rescinded.
    (i) Incorporation by reference.
    (A) Revisions to Colorado Air Quality Control Commission Regulation 
No. 12, 5 CCR 1001-15, adopted by the Colorado Air Quality Control 
Commission on March 16, 2000, State effective May 30, 2000.
[FR Doc. 01-22612 Filed 9-10-01; 8:45 am]
BILLING CODE 6560-50-P