[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 4933-4934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2173]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NO. CO-001-0068; FRL-7443-8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Governor of Colorado on November 5, 1999. The November 
5, 1999 submittal exempts military training exercises at the United 
States Army Installation Fort Carson and United States Army Pinon 
Canyon Maneuver Site (PCMS) from opacity limits. The intended effect of 
this action is to allow the use of smoke and obscurants for military 
training exercises when operated under applicable requirements. This 
action is being taken under section 110 of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective March 3, 2003.

ADDRESSES: 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 8, 999 
18th Street, Suite 300, Denver, Colorado 80202 and copies of the 
Incorporation by Reference material at the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, Room B-108 
(Mail Code 6102T), 1301 Constitution Ave., NW., Washington, DC 20460. 
Copies of the State documents relevant to this action are available for 
public inspection at the Colorado Department of Public Health and 
Environment, Air Pollution Control Division, 4300 Cherry Creek Drive 
South, Denver, Colorado 80246-1530.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: On October 23, 2002 (67 FR 65080), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Colorado. The NPR proposed approval of a State Implementation Plan 
(SIP) revision submitted by the Governor of Colorado on November 5, 
1999. The November 5, 1999 submittal exempts military training 
exercises at the United States Army Installation Fort Carson and United 
States Army Pinon Canyon Maneuver Site from opacity limits. The 
intended effect of this action is to allow the use of smoke and 
obscurants for military training exercises when operated under 
applicable requirements.

I. Final Action

    Since we received no comment on the October 23, 2002 notice of 
proposed rulemaking, EPA is approving a State Implementation Plan (SIP) 
revision submitted by the Governor of Colorado on November 5, 1999. The 
November 5,

[[Page 4934]]

1999 submittal revises Colorado's Regulation No. 1 Emission Control for 
Particulates, Smokes, Carbon Monoxide and Sulfur Dioxide by adding a 
new subsection D to section II.

II. Regulatory Assessment 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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).
    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 April 1, 2003. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 13, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.


    40 CFR 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 et seq.

Subpart G--Colorado

    2. Section 52.320 is amended by adding paragraph (c)(98) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (98 ) On November 5, 1999 the Governor of Colorado submitted a 
revision to Regulation No. 1, ``Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Dioxide.'' The November 5, 1999 
submittal exempts military training exercises at the United States Army 
Installation Fort Carson and United States Army Pinon Canon Maneuver 
Site (PCMS) from opacity limits. A new subsection D to Regulation No. 
1, section II, has been approved into the SIP.
    (i) Incorporation by reference.
    (A) Colorado Regulation No. 1, section II, subsection D effective 
September 30, 1998.

[FR Doc. 03-2173 Filed 1-30-03; 8:45 am]
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