[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48652-48654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16485]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number R08-OAR-2005-CO-0001; FRL-7954-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Denver Early Action Compact Ozone Plan, Attainment 
Demonstration of the 8-Hour Ozone Standard, and Approval of Related 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 17, 2005, EPA published a notice of proposed rulemaking 
(NPR) to propose approval of Colorado's Early Action Compact (EAC) 
ozone plan for the Denver metropolitan area (hereafter, Denver area) 
for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In 
that NPR, EPA proposed to approve the Denver area's EAC ozone plan, an 
attainment demonstration for the 8-hour ozone NAAQS, revisions to 
Colorado's Common Provisions Regulation, revisions to Colorado's 
Regulation No. 7 ``Emissions of Volatile Organic Compounds'' 
(hereafter, Regulation No. 7), and revisions to Colorado's Regulation 
No. 11 ``Motor Vehicle Emissions Inspection Program'' (hereafter 
Regulation No. 11). In this action, EPA is approving the Denver EAC 
ozone plan, the associated attainment demonstration, and the revisions 
to the Common Provisions Regulation, Regulation No. 7, and Regulation 
No. 11. This action is being taken under section 110 of the Clean Air 
Act.

DATES: Effective Date: September 19, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. RME R08-OAR-2005-CO-0001. All documents in the docket are listed in 
the Regional Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp. Although listed in the index, some information is not 
publicly available, i.e., 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 either electronically 
in the Regional Materials in EDOCKET or in hard copy at the Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 999 
18th Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that 
if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to view the hard copy of the 
docket. You may view the hard copy of the docket Monday through Friday, 
8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 
18th Street, Suite 300, Denver, Colorado 80202-2466, phone (303) 312-
6479, and e-mail at: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Purpose of This Action?
II. Final action
III. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NAAQS mean National Ambient Air Quality 
Standard.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The word State means the State of Colorado, unless the context 
indicates otherwise.

I. What Is the Purpose of This Action?

    On May 17, 2005, we published an NPR that proposed approval of the 
Denver area's EAC ozone plan, attainment demonstration, and associated 
SIP elements. See 70 FR 28239. The NPR also opened a 30-day public 
comment period on this proposed Agency action. We did not receive any 
comments.
    In this final action, we are approving the Early Action Compact 
ozone plan

[[Page 48653]]

for the Denver area that is designed to demonstrate attainment of the 
8-hour ozone NAAQS by December 31, 2007 with additional provisions for 
continued maintenance of the ozone NAAQS through 2012, we're approving 
the photochemical modeled attainment demonstration, we're approving 
certain revisions to the State's Common Provisions Regulation, we're 
approving revisions to Regulation No. 7 for the control of VOC and 
NOX emissions from certain oil and gas exploration and 
production operations, we're approving revisions to the motor vehicle 
inspections and maintenance (I/M) requirements in Regulation No. 11 the 
Governor submitted on July 21, 2004, we're approving several prior I/M 
revisions to Regulation No. 11, and we are accepting the State's 
commitment letter, dated March 22, 2005, that addresses certain 
continuing planning provisions of our EAC Protocol.
    Detailed descriptions regarding the Denver EAC Plan, attainment 
demonstration, and additional SIP elements are provided in our May 17, 
2005, NPR action (see 70 FR 28239) and will not be repeated here. 
Please refer to our May 17, 2005, NPR and Docket ID No. RME R08-OAR-
2005-CO-0001. As noted above, all documents in the docket are listed in 
the Regional Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.

II. Final Action

    In this action, EPA is approving the following:
    A. The Denver Early Action Compact ozone plan. EPA is approving the 
Denver Early Action Compact ozone plan, and its associated dispersion 
modeled attainment demonstration, for the 8-hour ozone NAAQS as adopted 
by the Colorado AQCC on March 12, 2004, and submitted by the Governor 
to us on July 21, 2004.
    B. The revisions to the Common Provisions Regulation. EPA is 
approving the revisions to Colorado's Common Provisions Regulation as 
adopted by the AQCC on March 12, 2004, State effective on May 31, 2004, 
and submitted by the Governor to us on July 21, 2004.
    C. The revisions to Regulation No. 7. EPA is approving the 
revisions to Colorado's Regulation No. 7, entitled ``Emissions of 
Volatile Organic Compounds,'' which the AQCC adopted on December 16, 
2004, State effective on March 2, 2005, and submitted to us by the 
Governor on March 24, 2005. These revisions to Regulation No. 7, 
supercede and replace those adopted by the AQCC on March 12, 2004, 
State effective on May 31, 2004, that the Governor submitted to us on 
July 21, 2004 except for the revisions to sections I.A.1, I.A.1.a, 
I.A.1.b, I.A.1.c, I.B.1.b, and I.B.2.f. We are also approving the 
foregoing sections from the July 21, 2004 submittal.
    D. The revisions to Regulation No. 11. EPA is approving the 
revisions to Colorado's Regulation No. 11, entitled ``Motor Vehicle 
Emissions Inspection Program,'' as follows:
    (1) Revisions adopted by the AQCC on November 16, 2000, December 
20, 2001, August 15, 2002, and October 17, 2002, and submitted by the 
Governor to us on June 20, 2003;
    (2) Revisions adopted by the AQCC on September 18, 2003, and 
December 18, 2003, and submitted by the Governor to us on April 12, 
2004; and
    (3) Revisions adopted by the AQCC on March 12, 2004, State 
effective May 31, 2004, and submitted by the Governor on July 21, 
2004.\1\
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    \1\ While EPA is only approving these changes to Regulation No. 
11, EPA is incorporating by reference a complete version of 
Regulation No. 11 that includes these changes and otherwise conforms 
to the version of Regulation No. 11 included in the EPA-approved SIP 
before this action.
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    E. The State's Commitment Letter. EPA is accepting the March 22, 
2005, letter from Margie Perkins, Director, Air Pollution Control 
Division, Colorado Department of Public Health and Environment, to 
Richard Long, Director, Air and Radiation Program, EPA Region VIII. 
This letter contained commitments from the State to adhere to and 
address the continuing planning process requirements contained in the 
``Maintenance for Growth'' provisions of EPA's ``Protocol for Early 
Action Compacts Designed to Achieve and Maintain the 8-Hour Ozone 
Standards.''
    This action will become effective September 19, 2005.

III. Statutory and Executive Order Reviews

    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. section 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

[[Page 48654]]

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. 
section 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 October 18, 2005. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 2, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(107) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (107) On July 21, 2004, the Governor submitted revisions to the 
Colorado State Implementation Plan for Colorado's Common Provisions 
Regulation that contained a definition for condensate. On July 21, 
2004, and on March 24, 2005, the Governor also submitted revisions to 
the Colorado State Implementation Plan for Colorado's Regulation No. 7 
``Emissions of Volatile Organic Compounds'' that made several changes 
and additions to sections I.A., I.B., II.A and added new sections XII 
and XVI. The March 24, 2005 version of Regulation No. 7 superceded and 
replaced portions of the July 21, 2004 version of Regulation No. 7. On 
June 20, 2003, April 12 2004, and July 21, 2004, the Governor of 
Colorado submitted revisions to the Colorado State Implementation Plan 
for Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program.''
    (i) Incorporation by reference.
    (A) Common Provisions Regulation, 5 CCR 1001-2, as adopted on March 
12, 2004, effective on May 30, 2004, as follows: Section I.G, 
definition of ``Condensate.''
    (B) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5 
CCR 1001-9, as adopted on March 12, 2004, effective on May 31, 2004, as 
follows: Sections I.A.1, I.A.1.a, I.A.1.b, I.A.1.c, I.B.1.b, and 
I.B.2.f. As adopted on December 16, 2004, effective March 2, 2005, as 
follows: Sections I.A.2, II.A.16, II.A.17, XII, and XVI.
    (C) Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program,'' 5 CCR 1001-13, with changes most recently adopted on March 
12, 2004, effective May 31, 2004, as follows: Part A, Part B, Part C, 
Part D, Part E, Part F, and Appendices A and B, except for the 
following sentence in Part A.I, which is being acted on separately: 
``The provisions of this regulation applicable to Larimer and Weld 
counties shall not be included in the state implementation plan after 
January 1, 2004.''
    (ii) Additional material.
    (A) March 22, 2005, letter from Margie Perkins, Director, Air 
Pollution Control Division, Colorado Department of Public Health and 
Environment, to Richard Long, Director, Air and Radiation Program, EPA 
Region VIII. This letter contained commitments from the State to adhere 
to and address the continuing planning process requirements contained 
in the ``Maintenance for Growth'' provisions of EPA's ``Protocol for 
Early Action Compacts Designed to Achieve and Maintain the 8-Hour Ozone 
Standards.''

0
3. Section 52.350 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  52.350  Control strategy: Ozone.

* * * * *
    (b) Revisions to the Colorado State Implementation Plan, 8-hour 
ozone NAAQS Early Action Compact plan for the metropolitan Denver area 
entitled ``Early Action Compact Ozone Action Plan,'' excluding sections 
entitled ``Introduction'' and ``Ozone Monitoring Information,'' as 
adopted by the Colorado Air Quality Control Commission on March 12, 
2004, and submitted by the Governor to us on July 21, 2004.
[FR Doc. 05-16485 Filed 8-18-05; 8:45 am]
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