[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14757-14759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06846]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-0AR-2017-0753; FRL-9976-02--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Revisions to the Transportation Conformity 
Consultation Process

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by Colorado on May 16, 2017. The May 16, 2017 SIP revision addresses 
minor changes and typographical corrections to the transportation 
conformity requirements of Colorado's Regulation Number 10 ``Criteria 
for Analysis of Conformity.'' These actions are being taken under 
section 110 of the Clean Air Act (CAA).

DATES: This rule is effective May 7, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0753. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 through http://www.regulations.gov, or please 
contact the person identified in the For Further Information Contact 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6479, or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In this action, the EPA is approving minor revisions to Colorado's 
Regulation Number 10 which is entitled ``Criteria for Analysis of 
Conformity'' (hereafter, ``Regulation No. 10''). We note the factual 
background for this action and our evaluation of the State's May 16, 
2017 Regulation No. 10 SIP submittal are discussed in detail in our 
February 1, 2018 proposed rule (83 FR 4614); therefore, they will not 
be restated here.
    In summary, the purpose of Regulation No. 10 is to address the 
transportation conformity SIP requirements of section 176(c) of the CAA 
and 40 CFR 51.390(b). In addition, Regulation No. 10 also addresses the 
following transportation conformity SIP element requirements: 40 CFR 
93.105, which formalizes the consultation procedures; 40 CFR 
93.122(a)(4)(ii), which addresses written commitments to control 
measures that are not included in a Metropolitan Planning 
Organization's (MPOs) transportation plan and transportation 
improvement program that must be obtained prior to a conformity 
determination; and 40 CFR 93.125(c), which addresses written 
commitments to mitigation measures that must be obtained prior to a 
project-level conformity determination.\1\ We note the most recent 
prior SIP revisions to Regulation No. 10, that we approved, occurred on 
March 4, 2014 (79 FR 12079).
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    \1\ A conformity SIP includes a state's specific criteria and 
procedures for certain aspects of the transportation conformity 
process consistent with the federal conformity rule. A conformity 
SIP does not contain motor vehicle emissions budgets, emissions 
inventories, air quality demonstrations, or control measures. See 
EPA's Guidance for Developing Transportation Conformity State 
Implementation Plans (SIPs) for further background: https://nepis.epa.gov/Exe/ZyPDF.cgi/P1002W5B.PDF?Dockey=P1002W5B.PDF.
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II. What was the State's process to submit a SIP revision to the EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision 
be adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state.
    For the May 16, 2017 revisions to Regulation No. 10, the Colorado 
Air Quality Control Commission (AQCC) held a public hearing for those 
revisions on February 18, 2016. There were no public comments. The AQCC 
adopted the revisions to Regulation No. 10 directly after the hearing. 
This SIP revision became State effective on March 30, 2016, and was 
submitted by Dr. Larry Wolk, Executive Director of the Colorado 
Department of Public Health and Environment (CDPHE), and on behalf of 
the Governor, to the EPA on May 16, 2017.
    We evaluated the State's May 16, 2017 submittal for Regulation No. 
10 and determined that the State met the requirements for reasonable 
notice and public hearing under section 110(a)(2) of the CAA. By 
operation of law under section 110(k)(1)(B) of the CAA, the State's May 
16, 2017 submittal was deemed complete by the EPA on November 25, 2017.

III. Response to Comments

    The EPA received one anonymous public comment on our February 1, 
2018 proposed rule (83 FR 4614). After reviewing the comment, the EPA 
has determined that the comment is outside the scope of our proposed 
rule and fails to identify any material issue necessitating a response. 
Accordingly, the EPA will not provide a specific response to the 
comment. We note that the public comment received on this rulemaking 
action is available for review by the public and may be viewed by 
following the instructions for access to docket materials as outlined 
in the ADDRESSES section of this preamble.

IV. Final Action

    For the reasons described in our February 1, 2018 proposed rule (83 
FR 4614), and under CAA section 110(k)(3), the EPA is approving the 
submitted revisions to Regulation No. 10, Section II, the definition of 
Routine Conformity Determination. In addition, we are also approving 
the typographic corrections to the Regulation No. 10 title, to Section 
II and to the Section III subsections III.A.2, III.A.3, III.B.1.a, 
III.C.1.b.(2), III.C.1.g and III.F.3.
    The EPA notes that revisions were also made to Colorado's 
Regulation No. 10, section VI ``Statements of Basis, Specific Statutory 
Authority, and Purpose''; however, the EPA is not taking any action on 
the revisions to this section. The revisions to section VI are only 
informational in nature for the State and do not require federal 
approval into the SIP.

V. Consideration of Section 110(1) of the Clean Air Act

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and Reasonable Further Progress 
toward attainment of the National Ambient Air Quality Standards 
(NAAQS), or any other applicable requirement of the CAA. The EPA has

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determined that the portions of Regulation No. 10 that we are acting on 
are consistent with the applicable requirements of the CAA. 
Furthermore, these portions do not relax any previously approved SIP 
provision; thus, they do not otherwise interfere with attainment and 
maintenance of the NAAQS. In addition, section 110(l) of the CAA 
requires that each revision to an implementation plan submitted by a 
state shall be adopted by the state after reasonable notice and 
opportunity for public hearing. On February 18, 2016, the AQCC held a 
public hearing and the AQCC adopted the revisions to Regulation No. 10 
directly after the hearing. This SIP revision became state effective on 
March 30, 2016. Therefore, the CAA section 110(l) requirements are 
satisfied.

VI. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revision to Regulation No. 10, Section II, the definition of Routine 
Conformity Determination effective March 30, 2016. In addition, we are 
also incorporating by reference the typographic corrections to the 
Regulation No. 10 title, to Section II and to the Section III 
subsections III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g and 
III.F.3 all effective March 30, 2016. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information). Therefore, these materials have 
been approved by the EPA for inclusion in the State implementation 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be included in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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, the EPA's role is to approve state 
choices provided that they meet the criteria of the CAA. Accordingly, 
this 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 action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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 June 5, 2018. 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: March 29, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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

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2. Section 52.320(c) is amended:
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a. By revising the centered heading for ``5 CCR 1001-12''; and
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b. By revising, under the centered heading ``5 CCR 1001-12,'' the table 
entries for ``II. Definitions'' and ``III. Interagency Consultation.''
    The revisions read as follows:


Sec.  52.320  Identification of plan.

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    (c) * * *

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                                     State       EPA effective   Final rule citation/
             Title              effective date       date                date                   Comments
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                                                  * * * * * * *
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             5 CCR 1001-12, Regulation Number 10, Criteria for Analysis of Transportation Conformity
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II. Definitions.................................................................................................
III. Interagency Consultation...................................................................................
 
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[FR Doc. 2018-06846 Filed 4-5-18; 8:45 am]
 BILLING CODE 6560-50-P