[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58186-58188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0810, FRL-9901-04-Region 8


Approval and Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 1997 and 2006 PM2.5 
National Ambient Air Quality Standards; Prevention of Significant 
Deterioration Requirements for PM2.5 Increments and Major 
and Minor Source Baseline Dates; Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) submissions 
from the State of Colorado to demonstrate that the SIP meets the 
infrastructure requirements of the Clean Air Act (CAA) for the National 
Ambient Air Quality Standards (NAAQS) promulgated for PM2.5 
on July 18, 1997 and on October 17, 2006. The CAA requires that each 
state, after a new or revised NAAQS is promulgated, review their SIPs 
to ensure that they meet infrastructure requirements. The State of 
Colorado provided infrastructure SIP submissions on April 4, 2008 and 
June 4, 2010 for the 1997 and 2006 PM2.5 NAAQS, 
respectively. In addition, EPA

[[Page 58187]]

is approving portions of SIP revisions submitted by the State of 
Colorado on May 11, 2012 and May 13, 2013. The revisions update 
Regulation 3 of the Air Quality Control Commission permitting 
requirements for the Prevention of Significant Deterioration (PSD) 
program to incorporate the required elements of the 2008 
PM2.5 NSR Implementation Rule and the 2010 PM2.5 
Increment Rule.

DATES: This final rule is effective October 23, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2009-0810. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 through 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, 8:00 a.m. 
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142, 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 initials CBI mean or refer to confidential business 
information.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials NAAQS mean or refer to national ambient air 
quality standards.
    (v) The initials PM mean or refer to particulate matter.
    (vi) The initials PM2.5 mean or refer to particulate 
matter with an aerodynamic diameter of less than 2.5 micrometers 
(fine particulate matter).
    (vii) The initials PSD mean or refer to Prevention of 
Significant Deterioration.
    (viii) The initials SIP mean or refer to State Implementation 
Plan.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Infrastructure requirements for SIPs are provided in section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our notice of proposed rulemaking (NPR) of May 23, 2013 (78 FR 30830).
    In our NPR, we proposed to act on submissions from the State of 
Colorado to address infrastructure requirements for the 1997 and 2006 
PM2.5 NAAQS. The NPR proposed approval of the submissions 
with respect to the following infrastructure elements for the 1997 and 
2006 PM2.5 NAAQS: CAA Sections 110(a)(2)(A), (B), (C) with 
respect to minor NSR requirements, (E), (F), (G), (H), (J) with respect 
to the requirements of sections 121 and 127 of the Act, (K), (L), and 
(M). The reasons for our approval are provided in detail in the NPR.
    For reasons explained in the NPR, EPA also proposed to approve the 
submissions for infrastructure elements (C) and (J) with respect to PSD 
requirements for the 1997 and 2006 PM2.5 NAAQS. 
Concurrently, EPA proposed to approve revisions to Regulation 3 
submitted by Colorado on May 11, 2012, and May 13, 2013, which 
incorporate the requirements of the 2008 PM2.5 NSR 
Implementation Rule and the 2010 PM2.5 Increment Rule; 
specifically, revisions to: Regulation 3, Part D, sections II.A.5.a and 
b, II.A.23.a and b, II.A.25.a.(i), a.(ii), a.(iii), and b.(i), 
II.A.38.c and g, II.A.42.a., and X.A.1., as submitted on May 11, 2012, 
and revisions to Regulation 3, Part D, sections II.A.23.c., as 
submitted on May 13, 2013. EPA is taking no action at this time on 
infrastructure element (D) for the 2006 PM2.5 NAAQS.

II. Response to Comments

    EPA received one comment. The commenter generally supported the 
EPA's proposed action. However, the commenter noted that EPA had 
recently promulgated revised PM2.5 standards (78 FR 3086, 
January 15, 2013) and stated that the Colorado submissions did not 
reflect these revised standards. The commenter recommended that EPA 
should approve the infrastructure SIPs as submitted, but that Colorado 
should submit a revised SIP addressing the new PM2.5 
standards.
    Response: We note the commenter's general support for our action. 
However, we disagree with the comment to the extent that it implies 
that the Colorado submissions we are acting on are deficient in not 
addressing the newly revised 2012 PM2.5 standards. 
Colorado's April 4, 2008 and June 4, 2010 submissions addressed 
infrastructure requirements for the 1997 and 2006 PM2.5 
NAAQS, respectively. We have evaluated the submissions based on the 
requirements of sections 110(a)(1) and (a)(2) and the CAA with respect 
to those standards. To the extent that the 2012 PM2.5 NAAQS 
may in the future require any SIP revisions for infrastructure 
purposes, we will then evaluate Colorado's infrastructure submission 
for the 2012 PM2.5 NAAQS with respect to those requirements.

III. Final Action

    EPA is approving the following infrastructure elements for the 1997 
and 2006 PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C) 
with respect to minor NSR requirements, (E), (F), (G), (H), (J) with 
respect to the requirements of sections 121 and 127 of the Act, (K), 
(L), and (M). EPA is approving infrastructure elements (C) and (J) with 
respect to PSD requirements for the 1997 and 2006 PM2.5 
NAAQS. EPA is approving revisions to Regulation 3 submitted by Colorado 
on May 11, 2012 and May 13, 2013, which incorporate the requirements of 
the 2008 PM2.5 NSR Implementation Rule and the 2010 
PM2.5 Increment Rule; specifically, revisions to: Regulation 
3, Part D, sections II.A.5.a and b, II.A.23.a and b, II.A.25.a.(i), 
a.(ii), a.(iii), and b.(i), II.A.38.c and g, II.A.42.a., and X.A.1., as 
submitted on May 11, 2012, and revisions to Regulation 3, Part D, 
section II.A.23.c, as submitted on May 13, 2013. EPA is taking no 
action at this time on infrastructure element (D) for the 2006 
PM2.5 NAAQS.

IV. 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 action merely

[[Page 58188]]

approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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);
     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.
    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 action 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 22, 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. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 29, 2013.
Howard M. Cantor,
Deputy Regional Administrator, Region 8.

    40 CFR Part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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)(126) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (126) On May 11, 2012 and May 13, 2013 the State of Colorado 
submitted revisions to the State Implementation Plan that incorporate 
the required elements of the 2008 PM2.5 NSR Implementation 
Rule and the 2010 PM2.5 Increment Rule.
    (i) Incorporation by reference
    (A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting 
and Air Pollutant Emission Notice Requirements, Part D, Concerning 
Major Stationary Source New Source Review and Prevention of Significant 
Deterioration, Section II, Definitions, Section II.A.5, Baseline Area, 
II.A.5.a. and II.A.5.b.; Section II.A.23., Major Source Baseline Date, 
II.A.23.a. and II.A.23.b.; II.A.25., Minor Source Baseline Date, 
II.A.25.a., II.A.25.b. introductory text, and II.A.25.b.(i); II.A.38, 
Regulated NSR Pollutant, II.A.38.c., II.A.38.g.; II.A.42., Significant, 
II.A.42.a.; Section X, Air Quality Limitations, X.A., Ambient Air 
Increments, X.A.1., effective on 12/15/11.
    (B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting 
and Air Pollutant Emission Notice Requirements, Part D, Concerning 
Major Stationary Source New Source Review and Prevention of Significant 
Deterioration, Section II, Definitions, II.A.23., Major Source Baseline 
Date, II.A.23.c., effective on 2/15/13.


0
3. Section 52.353 is amended by redesignating the existing paragraph as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec.  52.353  Section 110(a)(2) infrastructure requirements.

* * * * *
    (b) On April 4, 2008 James B. Martin, Executive Director, Colorado 
Department of Public Health and Environment, provided a submission to 
meet the infrastructure requirements for the State of Colorado for the 
1997 PM2.5 NAAQS. On June 4, 2010, Martha E. Rudolph, 
Executive Director, Colorado Department of Public Health and 
Environment, provided a submission to meet the infrastructure 
requirements for the State of Colorado for the 2006 PM2.5 
NAAQS. The State's Infrastructure SIP is approved with respect to the 
1997 and 2006 PM2.5 NAAQS with respect to section 
(110)(a)(1) and the following elements of section (110)(a)(2): (A), 
(B), (C) with respect to PSD and minor NSR requirements, (E), (F), (G), 
(H), (J) with respect to PSD requirements and the requirements of 
sections 121 and 127 of the Act, (K), (L), and (M).

[FR Doc. 2013-22967 Filed 9-20-13; 8:45 am]
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