[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Proposed Rules]
[Pages 45924-45925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16269]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1030; FRL-8573-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Affirmative Defense Provisions for Malfunctions; Common 
Provisions Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Colorado on August 1, 2007. These 
revisions establish affirmative defense provisions for source owners 
and operators for excess emissions during periods of malfunction. The 
affirmative defense provisions are contained in the State of Colorado's 
Common Provisions regulation. The intended effect of this action is to 
approve only those portions of Colorado's Common Provisions regulation 
submitted on August 1, 2007 that relate to the affirmative defense for 
malfunctions. This action is being taken under section 110 of the Clean 
Air Act.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA is approving the State's SIP revision as a direct final rule 
without prior proposal because the Agency views this as a non-
controversial SIP revision and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the preamble to the 
direct final rule. If EPA receives no adverse comments, EPA will not 
take further action on this proposed rule. If EPA receives adverse 
comments, EPA will withdraw the direct final rule and it will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

DATES: Any written comments on this proposal must be received on or 
before September 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-1030, by one of the following methods:

[[Page 45925]]

     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected] and [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT section if you are faxing 
comments).
     Mail: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-A, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-A, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding 
Federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Please see the direct final rule which is located in the Rules 
Section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-A, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6436, [email protected].

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the Rules and 
Regulations section of this Federal Register.

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

    Dated: May 12, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8-16269 Filed 8-6-08; 8:45 am]
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