[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56164-56168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21987]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0708; FRL-9900-86-Region8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Second 10-Year Carbon Monoxide Maintenance Plan for 
Fort Collins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving a State 
Implementation Plan (SIP) revision submitted by the State of Colorado. 
On May 25, 2011, the Governor of Colorado's designee submitted to EPA a 
Clean Air Act (CAA) section 175A(b) second 10-year maintenance plan for 
the Fort Collins area for the carbon monoxide (CO) National Ambient Air 
Quality Standard (NAAQS). This limited maintenance plan (LMP) addresses 
maintenance of the CO NAAQS for a second 10-year period beyond the 
original redesignation. This action is being taken under sections 110 
and 175A of the CAA.

DATES: This rule is effective on November 12, 2013 without further 
notice, unless EPA receives adverse comment by October 15, 2013. 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-2011-0708, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop, 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.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0708. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or email. The http://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 email comment directly to EPA, without 
going through http://www.regulations.gov, your email 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 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 http://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 http://www.regulations.gov or in hard copy at the Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop, 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, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, EPA Region 8, 
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
7104, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. What was the state's process?
IV. EPA's Evaluation of the Revised Fort Collins CO Maintenance Plan
V. Final Action
VI. Statutory and Executive Order Review

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 SIP mean or refer to State Implementation Plan.
    (iv) The words Colorado and State mean the State of Colorado.

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 
http://regulations.gov or email. 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

[[Page 56165]]

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. Background

    Under the CAA Amendments of 1990, the Fort Collins area was 
designated as nonattainment and classified as a ``moderate'' CO area, 
with a design value of less than or equal to 12.7 parts per million 
(ppm) (56 FR 56694, November 6, 1991). On August 9, 2002, the Governor 
of Colorado submitted to EPA a request to redesignate the Fort Collins 
CO nonattainment area to attainment for the CO NAAQS. Along with this 
request, the Governor submitted a CAA section 175A(a) maintenance plan 
which established an attainment year of 1992, and demonstrated that the 
area would maintain the CO NAAQS through 2015. The State also submitted 
revisions to Colorado Air Quality Control Commission (AQCC) Regulation 
No. 11, ``Motor Vehicle Emissions Inspection Program,'' and AQCC 
Regulation No. 13, ``Oxygenated Fuels Program,'' which removed as 
federally-enforceable SIP control measures both the inspection/
maintenance and oxygenated fuels programs in Fort Collins.\1\ EPA 
approved the State's redesignation request, CAA section 175A(a) 
maintenance plan, base year emissions inventory, and revisions to AQCC 
Regulations No. 11 and 13 on July 22, 2003 (68 FR 43316).
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    \1\ The oxygenated fuels and motor vehicle inspection programs 
were discontinued effective January 1, 2004.
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    Eight years after an area is redesignated to attainment, CAA 
Section 175A(b) requires the state to submit a subsequent maintenance 
plan to EPA, covering a second 10-year period.\2\ This second 10-year 
maintenance plan must demonstrate continued maintenance of the 
applicable NAAQS during this second 10-year period. To fulfill this 
requirement of the Act, the Governor of Colorado's designee submitted 
the second 10-year Fort Collins CO maintenance plan (hereafter, 
``revised Fort Collins Maintenance Plan'') to us on May 25, 2011. With 
this action, we are approving the revised Fort Collins Maintenance 
Plan.
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    \2\ In this case, the initial maintenance period described in 
CAA section 175A(a) was required to extend for at least 10 years 
after the redesignation to attainment, which was effective on 
September 22, 2003. See 68 FR 43316. So the first maintenance plan 
was required to show maintenance at least through 2013. CAA section 
175A(b) requires that the second 10-year maintenance plan maintain 
the NAAQS for ``10 years after the expiration of the 10-year period 
referred to in [section 175A(a)].'' Thus, for the Fort Collins area, 
the second 10-year period ends in 2023.
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    The 8-hour CO NAAQS--9.0 ppm--is attained when such value is not 
exceeded more than once a year. 40 CFR 50.8(a)(1). The Fort Collins 
area has attained the 8-hour CO NAAQS from 1992 to the present.\3\ In 
October 1995, EPA issued guidance that provided nonclassifiable CO 
nonattainment areas the option of using a less rigorous ``limited 
maintenance plan'' (LMP) option to demonstrate continued attainment and 
maintenance of the CO NAAQS.\4\ According to this guidance, areas that 
can demonstrate design values at or below 7.65 ppm (85% of exceedance 
levels of the CO 8-hour NAAQS) for eight consecutive quarters qualify 
to use a LMP. For the revised Fort Collins Maintenance Plan, on which 
we are finalizing action, the State used the LMP option to demonstrate 
continued maintenance of the CO NAAQS in the Fort Collins area through 
2023. We have determined that the Fort Collins area qualifies for the 
LMP option for this plan revision, since the area's maximum design 
value for the most recent eight consecutive quarters with certified 
data at the time the State adopted the plan (years 2008 and 2009) was 
3.0 ppm.\5\
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    \3\ The Fort Collins area has never exceeded the 1-hour CO 
standard of 35 ppm.
    \4\ Memorandum ``Limited Maintenance Plan Option for 
Nonclassifiable CO Nonattainment Areas'' from Joseph W. Paisie, 
Group Leader, EPA Integrated Policy and Strategies Group, to Air 
Branch Chiefs, October 6, 1995 (hereafter referred to as ``LMP 
Guidance'').
    \5\ See Table 1 below. Additionally, according to the LMP 
guidance, an area using the LMP option must continue to have a 
design value ``at or below 7.65 ppm until the time of final EPA 
action on the redesignation.'' Table 1, below, demonstrates that the 
area meets this requirement.
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III. What was the state's process?

    Section 110(a)(2) of the CAA requires that a state provide 
reasonable notice and public hearing before adopting a SIP revision and 
submitting it to us.
    The Colorado AQCC held a public hearing for the revised Fort 
Collins Maintenance Plan on December 16, 2010. The AQCC adopted the 
revised Fort Collins Maintenance Plan directly after the hearing. The 
Governor's designee submitted the revised plan to EPA on May 25, 2011.
    We have evaluated the SIP revision and have determined that the 
State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA. On November 25, 2011, by operation 
of law under CAA section 110(k)(1)(B), the SIP revision was deemed to 
have met the minimum ``completeness'' criteria found in 40 CFR part 51, 
appendix V.

IV. EPA's Evaluation of the Revised Fort Collins Maintenance Plan

    The following are the key elements of an LMP for CO: Emission 
Inventory, Maintenance Demonstration, Monitoring Network/Verification 
of Continued Attainment, Contingency Plan, and Conformity 
Determinations. Below, we describe our evaluation of each of these 
elements as it pertains to the revised Fort Collins Maintenance Plan.

 A. Emission Inventory

    The revised Fort Collins Maintenance Plan contains an emissions 
inventory for the base year 2008. The emission inventory is a list, by 
source category, of the air contaminants directly emitted into the Fort 
Collins CO maintenance area on a typical winter day in 2008.\6\ The 
data in the emission inventory were developed using EPA-approved 
emissions modeling methods. A more detailed description of the 2008 
inventory is documented in the Fort

[[Page 56166]]

Collins CO maintenance plan Technical Support Document (TSD).\7\ 
Included in this inventory are commercial cooking, fuel combustion, 
highway vehicle exhaust, non-road mobile sources, railroads, structure 
fires, woodburning, point sources, and emissions from a heliport. The 
revised maintenance plan and TSD contain detailed emission inventory 
information that was prepared in accordance with EPA guidance, and is 
acceptable to us.\8\
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    \6\ Violations of the CO NAAQS are most likely to occur on 
winter weekdays.
    \7\ The TSD for the revised Fort Collins Maintenance Plan can be 
found in the docket for this action.
    \8\ See ``Procedures for Processing Requests to Redesignate 
Areas to Attainment,'' from John Calcagni, Director, Air Quality 
Management Division, EPA, September 4, 1992.
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B. Maintenance Demonstration

    EPA considers the maintenance demonstration requirement to be 
satisfied for areas that qualify for and are using the LMP option. As 
mentioned above, a maintenance area is qualified to use the LMP option 
if that area's maximum 8-hour CO design value for eight consecutive 
quarters does not exceed 7.65 ppm (85% of the CO NAAQS). EPA maintains 
that if an area begins the maintenance period with a design value no 
greater than 7.65 ppm, the applicability of prevention of significant 
deterioration requirements, the control measures already in the SIP, 
and federal measures should provide adequate assurance of maintenance 
over the 10-year maintenance period. Therefore, EPA does not require 
areas using the LMP option to project emissions over the maintenance 
period. Because CO design values in the Fort Collins area are 
consistently well below the LMP threshold (See Table 1 below), the 
State has adequately demonstrated that the Fort Collins area will 
maintain the CO NAAQS into the future.

       Table 1--8-Hour CO Design Values for Fort Collins, Colorado
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                  Design value (ppm) *                         Year
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3.1.....................................................            2004
2.4.....................................................            2005
2.7.....................................................            2006
2.4.....................................................            2007
3.0.....................................................            2008
1.8.....................................................            2009
1.7.....................................................            2010
1.3.....................................................            2011
1.7.....................................................            2012
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* Design Values were derived from the EPA AirData Web site (http://www.epa.gov/airdata/ airdata/).

C. Monitoring Network/Verification of Continued Attainment

    In the revised Fort Collins Maintenance Plan, the State commits to 
continuing operation of an air quality monitoring network in accordance 
with 40 CFR Part 58 to verify continued attainment of the CO NAAQS. The 
State also commits to conducting an annual review of the air quality 
surveillance system in accordance with 40 CFR 58.10. Additionally, the 
plan indicates that if measured mobile source parameters change 
significantly over time, the State will perform appropriate studies to 
determine whether additional and/or re-sited monitors are necessary. We 
are approving these commitments as satisfying the relevant 
requirements.

D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions to promptly correct any violation of the NAAQS 
that occurs after redesignation of an area. To meet this requirement, 
the State has indentified appropriate contingency measures along with a 
schedule for the development and implementation of such measures.
    As stated in the revised Fort Collins Maintenance Plan, the 
contingency measures will be triggered by a violation of the CO NAAQS. 
No more than 60 days after notification from the Colorado Air Pollution 
Control Division (APCD) that a violation of the CO NAAQS has occurred, 
the North Front Range Metropolitan Planning Organization (NFRMPO), in 
conjunction with the APCD, AQCC, and local governments, will initiate a 
subcommittee process to begin evaluating potential contingency 
measures. The subcommittee will present recommendations within 120 days 
of notification, and the recommended contingency measures will be 
presented to the AQCC within 180 days of notification. The AQCC will 
then hold a public hearing to consider the contingency measures 
recommended by the subcommittee along with any other contingency 
measures the AQCC believes may be appropriate to effectively address 
the violation. The necessary contingency measures will be adopted and 
implemented within one year after a violation occurs.
    The potential contingency measures that are identified in the 
revised Fort Collins maintenance plan include, but are not limited to: 
(1) A federally enforceable enhanced vehicle inspection and maintenance 
program; \9\ (2) a 2.7% oxygenated gasoline program, as set forth in 
AQCC Regulation Number 13 as of September 2009; (3) re-establishing 
nonattainment new source review permitting for stationary sources; and 
(4) wood burning restrictions.
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    \9\ A State-only enhanced inspection and maintenance program is 
already required for the Fort Collins area as part of the State's 
``Ozone Action Plan.'' However, this existing program is not 
federally enforceable, and could be discontinued by the State 
without regard to the Fort Collins CO maintenance plan.
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    We find that the contingency measures provided in the revised Fort 
Collins Maintenance Plan are sufficient and meet the requirements of 
section 175A(d) of the CAA.

E. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether or not they conform. To effectuate 
its purpose, the conformity rule requires a demonstration that 
emissions from the Regional Transportation Plan (RTP) and the 
Transportation Improvement Program (TIP) are consistent with the motor 
vehicle emission budget (MVEB) contained in the control strategy SIP 
revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A 
MVEB is defined as the level of mobile source emissions of a pollutant 
relied upon in the attainment or maintenance demonstration to attain or 
maintain compliance with the NAAQS in the nonattainment or maintenance 
area.\10\
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    \10\ Further information concerning EPA's interpretations 
regarding MVEBs can be found in the preamble to EPA's November 24, 
1993, transportation conformity rule (see 58 FR 62193-62196).
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    Under the LMP guidance, emissions budgets generally are treated as 
not constraining for the length of the maintenance period. While EPA's 
LMP guidance does not exempt an area from the need to affirm 
conformity, it explains that the area may demonstrate conformity 
without submitting a MVEB. According to the LMP guidance, it is 
unreasonable to expect that a LMP area will experience so much growth 
in that period that a violation of the CO NAAQS would result.\11\ 
However, the CO maintenance plan for Fort Collins that we approved in 
2003 (68 FR 43316) contains MVEBs for 2010 through 2014 (98 tons per 
day of CO), and for 2015 (94

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tons per day of CO), and the State did not revise or remove these MVEBs 
from the SIP. Under our conformity regulations, consistency with those 
MVEBs must continue to be demonstrated as long as such years are within 
the timeframe of the transportation plan. See 40 CFR 93.118(b)(2)(i) 
and (d)(2).\12\
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    \11\ LMP Guidance at 4. October 6, 1995.
    \12\ As required by our transportation conformity adequacy 
process, we made a finding in an August 9, 2011 letter to the 
Colorado Department of Public Health and Environment (CDPHE) that 
the revised Fort Collins Maintenance Plan was adequate for 
transportation conformity purposes. This finding was based 
substantially on the fact that the Fort Collins CO maintenance area 
meets the LMP criteria, and is therefore not required to project 
future emissions. In a Federal Register notice dated May 25, 2012, 
we notified the public of our finding that the revised Fort Collins 
Maintenance Plan was adequate for transportation conformity purposes 
(see 77 FR 31351). This adequacy determination became effective on 
June 11, 2012.
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    When those years are no longer within the timeframe of the 
transportation plan, there will no longer be a need to demonstrate 
conformity with any MVEB for the Fort Collins CO maintenance area, for 
the reasons described in our LMP guidance. From that point forward, all 
actions that require conformity determinations for the Fort Collins CO 
maintenance area under our conformity rule provisions will be 
considered to have already satisfied the regional emissions analysis 
and ``budget test'' requirements in 40 CFR 93.118 because of our 
approval of the Fort Collins CO LMP.
    However, since LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs and projects. Specifically, 
for such determinations, RTPs, TIPs and projects still will have to 
demonstrate that they are fiscally constrained (40 CFR 93.108) and meet 
the criteria for consultation and Transportation Control Measure (TCM) 
implementation in the conformity rule provisions (40 CFR 93.112 and 40 
CFR 93.113, respectively). In addition, projects in LMP areas still 
will be required to meet the applicable criteria for CO hot spot 
analyses to satisfy ``project level'' conformity determinations (40 CFR 
93.116 and 40 CFR 93.123), which must also incorporate the latest 
planning assumptions and models available (40 CFR 93.110 and 40 CFR 
93.111, respectively).
    Our approval of the revised Fort Collins Maintenance Plan affects 
future CO RTP and TIP conformity determinations prepared by NFRMPO, the 
Colorado Department of Transportation, the Federal Highway 
Administration, and the Federal Transit Administration.

V. Final Action

    We are approving the revised Fort Collins Maintenance Plan 
submitted on May 25, 2011. This maintenance plan meets the applicable 
CAA requirements, and we have determined it is sufficient to provide 
for maintenance of the CO NAAQS over the course of the second 10-year 
maintenance period out to 2023.
    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate 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 revision if adverse comments 
are filed. This rule will be effective November 12, 2013 without 
further notice unless we receive adverse comments by October 15, 2013. 
If we receive adverse comments, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We will address all public comments 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. 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.

VI. 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 approves a state rule 
implementing a Federal standard.
    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 
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

[[Page 56168]]

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 November 12, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: August 26, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.

    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 52.349 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.349  Control strategy: Carbon monoxide.

* * * * *
    (q) Revisions to the Colorado State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Fort Collins, as adopted by the 
Colorado Air Quality Control Commission on December 16, 2010 and 
submitted by the Governor's designee on May 25, 2011.

[FR Doc. 2013-21987 Filed 9-11-13; 8:45 am]
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