[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Rules and Regulations]
[Pages 25772-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10568]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0790; FRL-9114-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revisions to Regulation Number 1

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan revisions submitted by the State of Colorado on 
August 3, 2007 to Colorado's Regulation Number 1 (revisions to the 
performance testing requirements for air curtain destructors). Colorado 
adopted these rule revisions on October 2, 2006. All other actions 
submitted by the State of Colorado concurrent with Colorado's 
Regulation Number 1 revision request will be acted

[[Page 25773]]

on at a later date. This action is being taken under section 110 of the 
Clean Air Act.

DATES: This rule is effective on July 9, 2010 without further notice, 
unless EPA receives adverse comment by June 9, 2010. If adverse comment 
is received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2009-0790, by one of the following methods:
     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 if you are faxing comments).
     Mail: Callie A. Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie A. Videtich, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2009-0790. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. 
For additional instructions on submitting comments, go to Section I. 
General Information of the SUPPLEMENTARY INFORMATION section of this 
document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly-available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. 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: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6227, or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. What should I consider as I prepare my comments for EPA?
II. What is being addressed in this document?
III. What are the changes that EPA is proposing to approve?
IV. Final Action
V. 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 word Act or initials 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 SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. What is being addressed in this document?

    EPA is approving a revision to the Colorado State Implementation 
Plan

[[Page 25774]]

(SIP). On August 3, 2007, the State of Colorado submitted a revision to 
its SIP, regarding the applicability provisions for incinerator 
performance testing requirements. This revision addressed Regulation 
Number 1 of the Colorado Air Quality Control Commission (AQCC) 
Regulations, entitled ``Emission Control for Particulate Matter, Smoke, 
Carbon Monoxide, and Sulfur Oxides.'' Colo. Code Reg. Sec.  1001-3, and 
provides an exemption for air curtain destructors.

III. What are the changes that EPA is proposing to approve?

    Prior to Colorado's revision, Regulation Number 1 Section III.B 
provided that all incinerators, with the exception of biomedical waste 
incinerators, meet certain particulate matter grain loading standards. 
To ensure compliance with these standards, the regulation provides the 
Colorado Air Pollution Control Division with the ability to require 
performance tests, in accordance with 40 CFR part 60, appendix A. The 
revision to Colorado's SIP and regulations adds an additional exemption 
to Section III.B for air curtain destructors that are subject to 40 CFR 
part 60.
    Under the definition set forth in Colorado's Common Provisions 
Regulation, 5 Colo. Code. Regs. Sec.  1001-2, air curtain destructors 
are considered incinerators, if they are subject to New Source 
Performance Standards (NSPS) for incinerators in 40 CFR part 60. 
However, at the time Section III.B of Regulation 1 was enacted, there 
were no federal NSPS requirements governing air curtain destructors. 
Air curtain destructors were not considered incinerators and were not 
subject to 40 CFR part 60. On December 1, 2000, EPA promulgated NSPS 
for Commercial and Industrial Waste Incineration Units at 40 CFR part 
60, subpart CCCC. On December 16, 2005, EPA promulgated NSPS for Other 
Solid Waste Incineration Units at 40 CFR part 60, subpart EEEE. Both 
standards apply to air curtain destructors that meet limited 
applicability criteria and establish opacity standards and appropriate 
performance testing requirements for those units.
    Prior to the revision, Regulation Number 1, Section III.B required 
that air curtain destructors subject to incinerator requirements under 
40 CFR part 60 meet state grain loading standards and performance 
testing requirements, as specified in 40 CFR part 60, appendix A, to 
demonstrate compliance with these standards. It is not feasible, 
however, to conduct such performance tests on air curtain destructors 
due to their lack of a distinct stack. Colorado has revised its 
regulations to exempt air curtain destructors from these requirements 
in order to ensure that air curtain destructors are subject to 
appropriate and reasonable performance test requirements. Accordingly, 
Regulation Number 1, Section III.B has been revised to clarify that air 
curtain destructors subject to 40 CFR part 60 are not subject to 
Section III.B. This revision will result in the requirement for air 
curtain destructors subject to NSPS to meet the standards and conduct 
performance testing as provided in 40 CFR part 60, subpart CCCC or 40 
CFR part 60, subpart EEEE.

IV. Final Action

    EPA is approving this revision to Colorado's SIP which would revise 
Regulation Number 1, Section III.B. This revision would exclude air 
curtain destructors that are subject to a NSPS from complying with 
infeasible performance testing requirements in Regulation Number 1, 
Section III.B. This revision will maintain consistency between state 
and federal law.
    EPA considers this change to be consistent with the provisions in 
CAA Sec.  110(l). CAA Section 110(l) states: ``Each revision to an 
implementation plan submitted by a State under this chapter shall be 
adopted by such State after reasonable notice and public hearing. The 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in section 7501 of this 
title), or any other applicable requirement of this chapter.'' Thus, 
under Section 110(l), this SIP revision must not interfere with 
attainment or reasonable further progress or any other applicable 
requirement of the Act. When Section III.B was approved into Colorado's 
SIP, air curtain destructors were not subject to any 40 CFR part 60 
requirements. Before EPA's promulgation of 40 CFR part 60, subpart CCCC 
and 40 CFR part, 60 subpart EEEE, air curtain destructors would not 
have been considered ``incinerators'' under the definition in the 
Common Provisions Regulation, 5 Colo. Code Regs. Sec.  1001-2, and no 
air curtain destructors would have been regulated under Section III.B. 
Therefore, this revision exempting air curtain destructors from the 
requirements of Section III.B does not substantively change the 
requirements of Colorado's SIP. Because EPA's approval of this SIP 
revision would not interfere with reasonable further progress or any 
other applicable requirement of CAA, it is consistent with CAA Sec.  
110(l).
    EPA is 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, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective July 9, 2010, without 
further notice unless the Agency receives adverse comments by June 9, 
2010. If the EPA receives adverse comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The 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.

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this direct final 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 
direct final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);

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     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 Clean Air Act; 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds, Incorporation by reference.

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

    Dated: December 15, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended 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 revising (c)(114) to read as follows:


Sec.  52.320  Identification of Plan.

* * * * *
    (c) * * *
    (114) On August 1, 2007, the State of Colorado submitted revisions 
to Colorado Regulation 1 to be incorporated into the Colorado SIP. The 
submittal revises Section I.I.I.B.2. by adding ``and air curtain 
destructors subject to 40 CFR 60'' to the first sentence of Section 
I.I.I.B.2.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-3, Code of Colorado Regulations, Regulation Number 
1, Emission Control for Particulates, Smokes, Carbon Monoxide and 
Sulfur Oxides, PARTICULATE MATTER, Section III.B.2, ``Incinerators,'' 
effective on November 30, 2006. Published in Colorado Register, Volume 
29, Number 11.
* * * * *
[FR Doc. 2010-10568 Filed 5-7-10; 8:45 am]
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