Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58207 

for the calendar year pursuant to the 

regulations § 370.4 of this chapter. In 

addition, a Noncommercial Educational 

Webcaster that unexpectedly exceeded 

80,000 total ATH on one or more 

channels or stations for more than one 

month during the immediately 

preceding calendar year may elect to 

pay the Proxy Fee and receive the 

reporting waiver described in paragraph 

(g)(1) of this section during a calendar 

year, if it implements measures 

reasonably calculated to ensure that it 

will not make Eligible Transmissions 

exceeding 80,000 total ATH during any 

month of that calendar year. The Proxy 

Fee is intended to defray the 

Collective’s costs associated with this 

reporting waiver, including 

development of proxy usage data. The 

Proxy Fee shall be paid by the date 

specified in paragraph (c) of this section 

for paying the Minimum Fee for the 

applicable calendar year and shall be 

accompanied by a certification on a 

form provided by the Collective, signed 

by a duly authorized representative of 

the applicable educational institution, 

stating that the Noncommercial 

Educational Webcaster is eligible for the 

Proxy Fee option because of its past and 

expected future usage and, if applicable, 

has implemented measures to ensure 

that it will not make excess Eligible 

Transmissions in the future. 

* * * * * 

(3) Census-basis reports. If any of the 

following three conditions is satisfied, a 

Noncommercial Educational Webcaster 

must report pursuant to paragraph (g)(3) 

of this section: 

(i) The Noncommercial Educational 

Webcaster exceeded 159,140 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year; 

(ii) The Noncommercial Educational 

Webcaster expects to exceed 159,140 

total ATH for any individual channel or 

station for any calendar month in the 

applicable calendar year; or 

(iii) The Noncommercial Educational 

Webcaster otherwise does not elect to be 

subject to paragraph (g)(1) or (2) of this 

section. 

A Noncommercial Educational 

Webcaster required to report pursuant to 

paragraph (g)(3) of this section shall 

provide reports of use to the Collective 

quarterly on a census reporting basis in 

accordance with § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2), such a Noncommercial 

Educational Webcaster shall not be 

required to include ATH or actual total 

performances, and may in lieu thereof 

provide channel or station name and 

play frequency, during the first calendar 

year it reports in accordance with 

paragraph (g)(3) of this section. For the 

avoidance of doubt, after a 

Noncommercial Educational Webcaster 

has been required to report in 

accordance with paragraph (g)(3) of this 

section for a full calendar year, it must 

thereafter include ATH or actual total 

performances in its reports of use. All 

reports of use under paragraph (g)(3) of 

this section shall be submitted to the 

Collective no later than the 45th day 

after the end of each calendar quarter. 

* * * * * 

Dated: August 3, 2015. 

Jesse M. Feder, 

Copyright Royalty Judge. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2015–24506 Filed 9–25–15; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0149; FRL–9931–73– 

Region 8 ] 

Air Plan Approval; CO; Revised Format 

for Material Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revising the format of 

materials submitted by the state of 

Colorado that are incorporated by 

reference (IBR) into its State 

Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by Colorado and approved by 

the EPA. 

DATES: This action is effective 

September 28, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0149. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnership and 

Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. An electronic copy of the 

state’s SIP compilation is also available 

at http://www.epa.gov/region8/air/

sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Change in IBR Format 

This format revision will affect the 

‘‘Identification of plan’’ section of 40 

CFR part 52, as well as the format of the 

SIP materials that will be available for 

public inspection at the National 

Archives and Records Administration 

(NARA); the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Region 8 Office. 

A. Description of a SIP 

Each state has a SIP containing the 

control measures and strategies used to 

attain and maintain the national 

ambient air quality standards (NAAQS) 

and achieve certain other Clean Air Act 

(Act) requirements (e.g., visibility 

requirements, prevention of significant 

deterioration). The SIP is extensive, 

containing such elements as air 

pollution control regulations, emission 

inventories, monitoring network 

descriptions, attainment 

demonstrations, and enforcement 

mechanisms. 

B. How EPA Enforces the SIP 

Each SIP revision submitted by 

Colorado must be adopted at the state 

level after undergoing reasonable notice 

and public hearing. SIPs submitted to 

EPA to attain or maintain the NAAQS 

must include enforceable emission 

limitations and other control measures, 

schedules and timetables for 

compliance. 

EPA evaluates submitted SIPs to 

determine if they meet the Act’s 

requirements. If a SIP meets the Act’s 

requirements, EPA will approve the SIP. 

EPA’s notice of approval is published in 

the Federal Register and the approval is 

then codified at 40 CFR part 52. Once 

EPA approves a SIP, it is enforceable by 


tkelley on DSK3SPTVN1PROD with RULES
58208 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

EPA and citizens in federal district 

court. 

We do not reproduce in 40 CFR part 

52 the full text of the Colorado 

regulations that we have approved. 

Instead, we incorporate them by 

reference or IBR. We approve a given 

state regulation with a specific effective 

date and then refer the public to the 

location(s) of the full text version of the 

state regulation(s) should they want to 

know which measures are contained in 

a given SIP (see I.F., Where You Can 

Find a Copy of the SIP Compilation). 

C. How the State and EPA Update the 

SIP 

The SIP is a dynamic document 

which the state can revise as necessary 

to address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. 

On May 22, 1997 (62 FR 27968), EPA 

announced revised procedures for IBR 

of federally approved SIPs. The 

procedures announced included: (1) A 

new process for IBR of material 

submitted by states into compilations 

and a process for updating those 

compilations on roughly an annual 

basis; (2) a revised mechanism for 

announcing EPA approval of revisions 

to an applicable SIP and updating both 

the compilations and the CFR; and, (3) 

a revised format for the ‘‘Identification 

of plan’’ sections for each applicable 

subpart to reflect these revised IBR 

procedures. 

D. How EPA Compiles the SIP 

We have organized into a compilation 

the federally-approved regulations, 

source-specific requirements and 

nonregulatory provisions we have 

approved into the SIP. These 

compilations may be found at http://

www.epa.gov/region8/air/sip.html. In 

addition, we maintain hard copies of the 

compilation which are updated 

periodically. 

E. How EPA Organizes the SIP 

Compilation 

Each compilation contains three parts. 

Part one contains the state regulations 

that have been approved, part two 

contains the source-specific 

requirements that have been approved 

as part of the SIP (if any), and part three 

contains non-regulatory provisions that 

have been approved. Each compilation 

contains a table of identifying 

information for each regulation, each 

source-specific requirement, and each 

nonregulatory provision. The state 

effective dates in the tables indicate the 

date of the most recent revision to a 

particular approved regulation. The 

table of identifying information in the 

compilation corresponds to the table of 

contents published in 40 CFR part 52 for 

the state. The EPA Regional Offices have 

the primary responsibility for ensuring 

accuracy and updating the 

compilations. 

F. Where You Can Find a Copy of the 

SIP Compilation 

EPA Region 8 developed and will 

maintain the compilation for Colorado. 

An electronic copy of the compilation is 

contained at http://www.epa.gov/

region8/air/sip.html. SIP Materials 

which are incorporated by reference 

into 40 CFR part 52 are also available for 

inspection at the following locations: 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, EPA West Building, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460 or the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/

federal-register/cfr/ibr-locations.html. 

G. The Format of the New Identification 

of Plan Section 

In order to better serve the public, 

EPA has revised the organization of the 

‘‘Identification of plan’’ section in 40 

CFR part 52 and included additional 

information to clarify the elements of 

the SIP. 

The revised Identification of plan 

section for Colorado contains five 

subsections: 

1. Purpose and scope (see 40 CFR 

52.320(a)); 

2. Incorporation by reference (see 40 

CFR 52.320(b)); 

3. EPA-approved regulations (see 40 

CFR 52.320(c)); 

4. EPA-approved source-specific 

requirements (see 40 CFR 52.320(d)); 

and, 

5. EPA-approved nonregulatory 

provisions such as transportation 

control measures, statutory provisions, 

control strategies, monitoring networks, 

etc. (see 40 CFR 52.320(e)). 

H. When a SIP Revision Becomes 

Federally Enforceable 

All revisions to the applicable SIP are 

federally enforceable as of the effective 

date of EPA’s approval of the respective 

revision. In general, SIP revisions 

become effective 30 to 60 days after 

publication of EPA’s SIP approval 

action in the Federal Register. In 

specific cases, a SIP revision action may 

become effective less than 30 days or 

greater than 60 days after the Federal 

Register publication date. In order to 

determine the effective date of EPA’s 

approval for a specific Colorado SIP 

provision that is listed in 40 CFR 

52.320(c), (d), or (e), consult the volume 

and page of the Federal Register cited 

in 40 CFR 52.320 for that particular 

provision. 

I. The Historical Record of SIP Revision 

Approvals 

To facilitate enforcement of 

previously approved SIP provisions and 

to provide a smooth transition to the 

new SIP processing system, we are 

retaining the original Identification of 

plan section (40 CFR 52.354). This 

section previously appeared at 40 CFR 

52.320. After an initial two-year period, 

we will review our experience with the 

new table format and will decide 

whether to retain the original 

identification of plan section (40 CFR 

52.354) for some further period. 

II. What EPA is doing in this action? 

This action constitutes a 

‘‘housekeeping’’ exercise to reformat the 

codification of the EPA-approved 

Colorado SIP. 

III. Good Cause Exemption 

EPA has determined that this action 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon a finding of ‘‘good cause’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). This action simply reformats 

the codification of provisions which are 

already in effect as a matter of law. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Colorado regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 


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Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58209 

the ADDRESSES section of this preamble 

for more information). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section, it is not subject to 

the regulatory flexibility provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), or to sections 202 and 205 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does 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), nor will 

it 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 rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This rule does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). This 

rule does not impose an information 

collection burden under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rules are discussed in 

previous actions taken on the state’s 

rules. 

B. Submission to Congress and the 

Comptroller General 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This action simply codifies 

provisions which are already in effect as 

a matter of law in federal and approved 

state programs. 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding and established an 

effective date of September 28, 2015. 

EPA will submit a report 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. This change to the 

identification of plan for Colorado is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the 

Colorado SIP compilation had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day 

period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ reorganization action for 

Colorado. 

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 10, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart G—Colorado 

§ 52.320 [Redesignated as § 52.354] 

■ 2. Section 52.320 is redesignated as 

§ 52.354, and in newly redesignated 

§ 52.354, revise the section heading and 

paragraph (a) to read as follows: 

§ 52.354 Original identification of plan. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Colorado’’ and all revisions submitted 

by Colorado that were federally 

approved prior to June 1, 2015. 

* * * * * 

■ 3. Add § 52.320 to read as follows: 

§ 52.320 Identification of plan. 

(a) Purpose and scope. This section 

sets forth the applicable State 

Implementation Plan for Colorado under 

section 110 of the Clean Air Act, 42 

U.S.C. 7410 and 40 CFR part 51 to meet 

national ambient air quality standards 

or other requirements under the Clean 

Air Act. 

(b) Incorporation by reference. (1) 

Material listed in paragraphs (c) and (d) 

of this section with an EPA approval 

date prior to June 1, 2015, was approved 

for incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Material is incorporated as 

submitted by the state to EPA, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries for paragraphs (c) and (d) of this 

section with EPA approval dates after 

June 1, 2015, will be incorporated by 

reference in the next update to the SIP 

compilation. 

(2) EPA Region 8 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated state rules/regulations 

which have been approved as part of the 

State Implementation Plan as of June 1, 

2015. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 


tkelley on DSK3SPTVN1PROD with RULES
58210 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, Colorado, 

80202–1129; Air and Radiation Docket 

and Information Center, U.S. 

Environmental Protection Agency, West 

Building, 1301 Constitution Ave. NW., 

Washington, DC 20460; and, the 

National Archives and Records 

Administration (NARA). For 

information on the availability of 

materials from the docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation (OAR) at 

(202) 566–1742. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to http://

www.archives.gov/federal-register/cfr/

ibr-locations.html. Copies of the 

Colorado regulations we have approved 

are also available at http://www.epa.gov/ 

region8/air/sip.html. 

(c) EPA-approved regulations. 

Title State effective 

date 

EPA Effective 

date Final rule citation/date Comments 

5 CCR 1001–01, Procedural Rules 

State Implementation Plan .......................................... 3/30/1998 5/10/2012 77 FR 21451, 04/10/12.

5 CCR 1001–02, Common Provisions Regulation 

I. Definitions, Statement of Intent, and General Provisions Applicable to all Emission Control Regulations adopted by the Colorado Air Quality Control 

Commission.

9/30/2002 4/29/2013 78 FR 19125, 03/29/13.

II. General .................................................................... 9/30/2002 4/29/2013 78 FR 19125, 03/29/13.

5 CCR 1001–03, Regulation Number 1, Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and Sulfur Oxides 

Definitions .................................................................... 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

I. Applicability: Referenced Federal Regulations ........ 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

II. Smoke and Opacity ................................................. 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

III. Particulate Matter ................................................... 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

IV. Continuous Emission Monitoring Requirements 

for New or Existing Sources.

10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

V. Emission Standards for Existing Iron and Steel 

Plant Operations.

10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

VI. Sulfur Dioxide Emission Regulations .................... 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

VII. Emission Regulations for Certain Electric Generating Stations Owned and Operated by the Public 

Service Company of Colorado.

10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

VIII. Restrictions on the Use of Oil as a Backup Fuel 10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

IX. Emission Regulations Concerning Areas Which 

Are Nonattainment for Carbon Monoxide—Refinery 

Fluid Bed Catalytic Cracking Units: 

10/2/2005 2/17/2012 77 FR 2466, 01/18/12.

Appendix A, Method of Measuring Opacity from Fugitive Particulate Emission Sources.5/30/1982 1/2/1987 51 FR 43609, 12/03/86.

Appendix B, Method of Measurement of Off-Property 

Transport of Fugitive Particulate Emissions.

5/30/1982 1/2/1987 51 FR 43609, 12/03/86.

5 CCR 1001–05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting 

I. Applicability .............................................................. 12/15/2010 5/27/2014 79 FR 22772, 04/24/14.

II. Air Pollutant Emission Notice (APEN) Requirements.4/30/2008 3/17/2014 79 FR 8632, 02/13/14 ..... Except II.D.1.sss., 

II.D.1.ttt., II.D.1.xxx., 

II.D.1.ffff. and Section 

VI.D.1. 

III. Administrative Permit Amendment Procedures ..... 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

IV. Operational Flexibility ............................................ 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

V. Certification And Trading Of Emission Reduction 

Credits Offset And Netting Transactions.

4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

VI. Fees ....................................................................... 12/15/2010 5/27/2014 79 FR 22772, 04/24/14.

VII. Confidential Information or Data Contained in Air 

Pollutant Emission Notices, Permit Applications, or 

Reports Submitted Pursuant to Part C, Section 

V.C.6.

4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

VIII. Technical Modeling and Monitoring Requirements.4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

Appendix A, Method For Determining De Minimis 

Levels For Non-Criteria Reportable Pollutants.

4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

Appendix B, Non-criteria Reportable Pollutants (Sorted by BIN).4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

5 CCR 1001–05, Regulation Number 3, Part B, Concerning Construction Permits 

I. Applicability .............................................................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

II. General Requirements For Construction Permits ... 12/15/2010 5/27/2014 79 FR 22772, 04/24/14.

III. Construction Permit Review Procedures ............... 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58211 

Title State effective 

date 

EPA Effective 

date Final rule citation/date Comments 

5 CCR 1001–05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant 

Deterioration 

I. Applicability .............................................................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

II. Definitions ................................................................ 12/15/2010 5/27/2014 79 FR 22772, 04/24/14.

III. Permit Review Procedures .................................... 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

IV. Public Comment Requirements ............................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

V. Requirements Applicable to Nonattainment Areas 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

VI. Requirements applicable to attainment and 

unclassifiable areas and pollutants implemented 

under Section 110 of the Federal Act (Prevention 

of Significant Deterioration Program).

4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

VII. Negligibly Reactive Volatile Organic Compounds 

(NRVOCs).

4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

VIII. Area Classifications ............................................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

IX. Redesignation ........................................................ 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

X. Air Quality Limitations ............................................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

XI. Exclusions From Increment Consumption ............. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

XII. Innovative Control Technology ............................. 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

XIII. Federal Class I Areas .......................................... 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

XIV. Visibility ................................................................ 2/14/2011 1/30/2013 77 FR 76871, 12/31/12.

XV. Actuals PALs ........................................................ 4/30/2008 3/17/2014 79 FR 8632, 02/13/14.

5 CCR 1001–05, Regulation Number 3, Part F, Regional Haze Limits—Best Available Retrofit Technology (BART) and Reasonable 

Progress (RP) 

VI. Regional Haze Determinations .............................. 2/14/2011 1/30/2013 77 FR 76871, 12/31/12.

VII. Monitoring, Recordkeeping, and Reporting for 

Regional Haze Limits.

2/14/2011 1/30/2013 77 FR 76871, 12/31/12.

5 CCR 1001–06, Regulation Number 4, New Wood Stoves and the Use of Certain Woodburning Appliances During High Pollution Days 

I. Definitions ................................................................. 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

II. Requirements for Sale and Installation of Wood 

Stoves.

8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

III. Approval Procedure for Pellet Stoves .................... 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

IV. Enforcement ........................................................... 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

V. List of Certified Wood Stoves ................................. 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

VI. High Pollution Days ............................................... 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

VII. Requirements for Installation of Fireplaces .......... 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

VIII. Implementation of Local Control Strategies ........ 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

IX. References ............................................................. 8/30/1993 5/19/1997 62 FR 18716, 04/17/97.

5 CCR 1001–08, Regulation Number 6, Standards of Performance for New Stationary Sources 

IV. Standards of Performance for New Sources of 

Sulfur Dioxide.

3/30/1981 1/6/1982 46 FR 59536, 12/07/81.

5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic Compounds and 

Nitrogen Oxides) 

I. Applicability .............................................................. 1/30/2009 9/6/2011 76 FR 47443, 08/05/11 ... Except sections I.A.1.b, 

I.B.1.b, I.B.2.b, I.B.2.d 

II. General Provisions .................................................. 1/30/2009 9/6/2011 76 FR 47443, 08/05/11 ... Except sections II.A.12, 

II.C.1, and II.D. 

III. General Requirements for Storage and Transfer 

of Volatile Organic Compounds.

1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

IV. Storage of Highly Volatile Organic Compounds .... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

V. Disposal of Volatile Organic Compounds ............... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

VI. Storage and Transfer of Petroleum Liquid ............ 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

VII. Crude Oil ............................................................... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

VIII. Petroleum Processing and Refining .................... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

IX. Surface Coating Operations .................................. 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

X. Use of Solvents for Degreasing and Cleaning ....... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

XI. Use of Cutback Asphalt ......................................... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

XII. Volatile Organic Compound Emissions From Oil 

and Gas Operations.

3/4/2007 3/4/2007 73 FR 8194, 02/13/08.

XIII. Graphic Arts ......................................................... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

XIV. Pharmaceutical Synthesis ................................... 1/30/2009 9/6/2011 76 FR 47443, 08/05/11.

XV. Control of Volatile Organic Compound Leaks 

from Vapor Collection Systems and Vapor Control 

Systems Located at Gasoline Terminals, Gasoline 

Bulk Plants, and Gasoline Dispensing Facilities.

1/30/2009 9/6/2011 76 FR 47443, 08/05/11.


tkelley on DSK3SPTVN1PROD with RULES
58212 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

Title State effective 

date 

EPA Effective 

date Final rule citation/date Comments 

XVI. Control of Emissions from Stationary and Portable Engines in the 8-Hour Ozone Control Area.1/30/2009 9/6/2011 70 FR 48652, 08/05/11.

XVII.E.3.a., (Regional Haze SIP) Rich Burn Reciprocating Internal Combustion Engines.2/14/2011 1/30/2013 77 FR 76871, 12/31/12.

Appendix A. Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks.10/30/1989 6/29/1995 60 FR 28055, 05/30/95.

Appendix B. Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants (Vapor Balance System).10/30/1989 6/20/1995 60 FR 28055, 05/30/95.

Appendix C. Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor Degreasers.5/22/1980 4/13/1981 46 FR 16687, 03/13/81.

Appendix D. Test Procedures for Annual Pressure/

Vacuum Testing of Gasoline Transport Tanks.

10/30/1989 6/29/1995 60 FR 28055, 05/30/95.

Appendix E. Emission Limit Conversion Procedure ... 10/30/1989 6/29/1995 60 FR 28055, 05/30/95.

5 CCR 1001–12, Regulation Number 10, Criteria for Analysis of Conformity 

I. Requirement to Comply with the Federal Rule ....... 1/30/2012 4/3/2014 79 FR 12079, 03/04/14.

II. Definitions ................................................................ 1/30/2012 4/3/2014 79 FR 12079, 03/04/14.

III. Interagency Consultation ....................................... 1/30/2012 4/3/2014 79 FR 12079, 03/04/14.

IV. Emission reduction credit for certain control 

measures.

1/30/2012 4/3/2014 79 FR 12079, 03/04/14.

V. Enforceability of design concept and scope and 

project-level mitigation and control measures.

1/30/2012 4/3/2014 79 FR 12079, 03/04/14.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part A, General Provisions, Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing

I. Applicability .............................................................. 1/30/2006 10/16/2007 72 FR 46148, 08/17/07.

II. Definitions ................................................................ 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

III. Exemption from Section 42–4–314, C.R.S. for Department of Defense Personnel Participating in the 

Privately Owned Vehicle Import Control Program.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IV. Clean Screen/Remote Emissions Sensing ............ 1/30/2006 10/16/2007 72 FR 46148, 08/17/07.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part B, Standards and Procedures for the Approval, Operation, Gas Span Adjustment, Calibration and Certification of the Division Approved Test Analyzer Systems for Use in

the Basic and Enhanced Areas and Test Analyzer Systems for Licensed Dealers in the Enhanced Area 

I. Approval of the Colo ’94 Test Analyzer Systems .... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

II. Application for Approval of Colo ’94 Test Analyzer 

Systems Equipment Manufacturers.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

III. Performance and Design Specification for the 

Colo ’94 Exhaust Gas Analyzers.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IV. Span Gases For Use With Colo ’94 Test Analyzer 

Systems.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

V. Documentation, Logistics, and Warranty Requirements.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VI. Calibration of Colorado ’94 Test Analyzer Systems.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VII. Approval of the Colorado Automobile Dealers 

Transient Mode Test Analyzer System.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VIII. Applications for Approval of the Colorado Automobile Dealers Transient Mode Test Analyzer System.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IX. Requests for Approval of Clean Screen Test Analyzer Systems.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part C, Inspection Procedures and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control Systems, 

Chlorofluorocarbon Leak Detection; and Practices to Ensure Proper Emissions Related Adjustments and Repairs 

I. Pre-inspection Requirements ................................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

II. Exhaust Emissions Inspection Procedures ............. 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

III. Emissions Control Systems Inspection Procedures.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IV. Evaporative Fuel Control Inspection Procedures .. 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

V. Detection of Chlorofluorocarbons ........................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VI. Free Reinspection .................................................. 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VII. Repair Information ................................................ 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VIII. Certification of Emissions Control ....................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IX. Adjustment Procedures ......................................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

X. Emissions Related Repairs .................................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58213 

Title State effective 

date 

EPA Effective 

date Final rule citation/date Comments 

XI. Engine Changes .................................................... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

XII. Clean Screen Inspection Program Procedures .... 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part D, Qualification and Licensing of Emissions Mechanics, Emissions Inspectors and Clean Screen Inspectors; Licensing of Emissions Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test Facilities and Enhanced Inspection 

Centers; Qualification of Clean Screen Inspection Sites; and Registration of Emissions Related Repair Facilities and Technicians 

I. Licensing of Emissions Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Enhanced Inspection Centers, 

Fleet Inspection Stations and Motor Vehicle Dealer 

Test Facilities.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

II. Qualification and Licensing of Emission Mechanics, and Emissions Inspectors.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

III. Registration of Emissions Related Repair Facilities.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IV. Requirements for Clean Screen/Remote Sensing 

Sites.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

V. Qualification of Clean Screen Emissions Inspectors.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VI. Requalification Requirements for all Clean Screen 

Emissions Inspectors.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VII. Transmittal of Letters of Qualification and 

Issuance of Clean Screen Inspector Licenses.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VIII. Lapse of Certificate of Qualification for Clean 

Screen Inspector.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

IX. Program License Application Performance Review Criteria.5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part E, Prohibited Acts and Penalties to Ensure

Proper Inspection Procedures, Adherence to Prescribed Procedures and Effective Emissions Related Repairs 

I. The Grounds Upon Which The License Of An 

Emissions Mechanic, Emissions Inspector Or Any 

Type Of AIR Program Inspection Business May Be 

Suspended, For A Period Of Time Not Less Than 

Six Months, Or Revoked.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part F, Maximum Allowable Emissions Limits 

for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles 

I. The Idle Short Test Concentration Limits For LightDuty Vehicles And Heavy-Duty Trucks Specified In 

Sections I (A) And II (A) Respectively Of This Part 

F Are Those Necessary To Comply With Emissions Reductions As The Program Matures.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

II. Heavy-Duty Vehicles (1978 and Earlier Greater 

Than 6000 lbs. GVWR) Subject to Idle Short 

Test(s).

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

III. Transient Test Mass Emissions Limits In Grams/

Mile (GPM).

1/30/2006 1/22/2013 77 FR 75388, 12/20/12.

IV. Evaporative Emissions Control Standards ............ 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

V. Vehicles shall not exhibit any continuous gray, 

blue, blue-black, or black smoke of greater than 

5% opacity from the engine crankcase and/or tailpipe(s) during any engine operating conditions of 

applicable inspection procedures.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

VI. Clean Screen Program Maximum Allowable 

Emissions Limits.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–13, Regulation Number 11, Appendices 

Appendix A, Specifications for Colorado 94 Analyzer 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

Appendix B, Standards and Specifications for the 

Suppliers of Span and Calibration Gases.

5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

5 CCR 1001–14, Emission Budgets for Nonattainment Areas in the State of Colorado 

Budgets ....................................................................... 8/30/1995 4/30/1998 63 FR 15294, 03/31/98.


tkelley on DSK3SPTVN1PROD with RULES
58214 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

Title State effective 

date 

EPA Effective 

date Final rule citation/date Comments 

5 CCR 1001–18, Regulation Number 16, Street Sanding Emissions 

I. Street Sanding Materials Specifications .................. 4/19/2001 10/16/2002 67 FR 58335, 09/16/02.

II. Street Sanding Requirements Specific to the Denver PM–10 Attainment/Maintenance Area.4/19/2001 10/16/2002 67 FR 58335, 09/16/02.

5 CCR 1001–20, Nonattainment-Attainment/Maintenance Areas 

I. Pagosa Springs Attainment/Maintenance Area ....... 5/30/2000 8/14/2001 66 FR 32556, 06/15/01.

II. Telluride Attainment/Maintenance Area .................. 5/30/2000 8/14/2001 66 FR 32556, 06/15/01.

III. Aspen/Pitkin County PM–10 Attainment/Maintenance Area.2/28/2001 7/14/2003 68 FR 26212, 05/15/03.

IV. Lamar Attainment/Maintenance Area .................... 12/30/2001 11/25/2005 70 FR 61563, 10/25/05.

V. Canon City PM–10 Nonattainment Area ................ 12/30/1993 2/13/1995 59 FR 64332, 12/14/94.

VIII. Steamboat Springs PM10 Attainment/Maintenance Area.11/24/2004 12/30/2001 69 FR 62210, 10/25/04.

(d) EPA-approved source-specific 

requirements. 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

Long-Term Strategy Review and Revision of Colorado’s State Implementation Plan for Class I Visibility Protection: Part I: Hayden Station Requirements.8/15/1996 2/18/1997 62 FR 2305, 01/16/97.

Revision of Colorado’s State Implementation Plan for 

Class I Visibility Protection Craig Station Units 1 

and 2 Requirements.

4/19/2001 8/6/2001 66 FR 35374, 07/05/01.

(e) EPA-approved nonregulatory 

provisions. 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

Legislation 

Concerning Air Pollution Control, and, in connection 

therewith, revising the Air Program to comply with 

requirements of the Federal ‘‘Clean Air Act 

Amendments of 1990’’.

7/1/1993 12/8/1994 59 FR 55584, 11/08/94.

Concerning Legislative Procedures for the Approval 

of State Implementation Plans and Regulations 

Related to Air Pollution.

5/31/1995 4/30/1998 63 FR 15294, 03/31/98.

Maintenance Plans 

Aspen 

Revised PM10 Maintenance Plan for the Aspen Attainment/Maintenance Area.12/16/2010 11/18/2013 78 FR 57496, 09/19/13.

Canon City 

PM10 Maintenance Plan for Canon City ...................... 11/20/2008 9/9/2013 78 FR 41307, 07/10/13.

Colorado Springs 

Colorado Springs Carbon Monoxide Maintenance 

Plan.

12/17/2009 9/30/2013 78 FR 46521, 08/01/13.

Denver Metropolitan Area 

1982 Denver Regional Element of the State Air Quality Implementation Plan.3/4/2001 10/11/2001 66 FR 47086, 09/11/01.

Carbon Monoxide Maintenance Plan for the Denver 

Metropolitan Area.

8/30/2003 11/15/2004 69 FR 55752, 09/16/04.


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58215 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

Ozone Redesignation Request and Maintenance 

Plan for the Denver Metropolitan Area.

1/11/2001 10/11/2001 66 FR 47086, 09/11/01.

PM10 Redesignation Request and Maintenance Plan 

For the Denver Metropolitan Area.

4/19/2001 10/16/2002 67 FR 58335, 09/16/02.

Revision to the Colorado State Implementation Plan: 

Concerning the removal of the Colorado Clean Vehicle Fleet Program from the SIP, and the adoption 

of a replacement program.

3/1/2000 1/14/2002 66 FR 64751, 12/14/01.

Early Action Compact Ozone Action Plan .................. 5/31/2004 9/19/2005 70 FR 48652, 08/19/05.

Fort Collins 

Revised Carbon Monoxide Maintenance Plan, Fort 

Collins Attainment/Maintenance Area.

12/16/2010 11/12/2013 78 FR 56164, 09/12/13.

Greeley 

Greeley Carbon Monoxide Maintenance Plan ............ 12/17/2009 10/1/2013 78 FR 46816, 08/02/13.

Lamar 

PM10 Redesignation Request and Maintenance Plan 

for the Lamar Area.

12/30/2001 11/25/2005 70 FR 61563, 10/25/05.

Longmont 

Revised Carbon Monoxide Maintenance Plan for the 

Longmont Attainment/Maintenance Area.

3/1/2004 11/29/2004 69 FR 58264, 09/30/04.

Pagosa Springs 

Final Revised PM10 Maintenance Plan for the 

Pagosa Springs Attainment/Maintenance Area.

11/19/2009 4/9/2014 79 FR 13256, 03/10/14.

Steamboat Springs 

Revised PM10 Maintenance Plan for theSteamboat 

Springs Attainment/Maintenance Area.

1/30/2012 3/23/2015 80 FR 2827, 01/21/15.

Telluride 

Revised PM10 Attainment/Maintenance Plan Telluride 

Attainment/Maintenance Area.

11/19/2009 3/13/2014 79 FR 8090, 02/11/14.

Local Ordinances/Resolutions 

Adopting the Fort Collins Better Air Campaign for Inclusion in the Fort Collins Element of the State Implementation Plan for Air Quality.9/5/1989 6/17/1991 56 FR 15499, 04/17/91.

Visibility 

State Implementation Plan for Class I Visibility Protection, State of Colorado.11/19/1987 10/11/1988 53 FR 30428, 08/12/88.

Long-Term Strategy Review and Revision of Colorado’s State Implementation Plan for Class I Visibility Protection, Part II: Revision of the Long-Term 

Strategy.

11/18/2004 12/4/2006 71 FR 64465, 11/02/06.


tkelley on DSK3SPTVN1PROD with RULES
58216 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

[FR Doc. 2015–24462 Filed 9–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0483; FRL–9934–61– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Update to the Spokane Regional Clean 

Air Agency Solid Fuel Burning Device 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Washington State 

Department of Ecology (Ecology) on July 

10, 2015. The SIP submission contains 

revisions to the Spokane Regional Clean 

Air Agency (SRCAA) solid fuel burning 

device regulations to control particulate 

matter from residential wood 

combustion. The updated regulations 

reflect the State of Washington’s 

statutory changes setting fine particulate 

matter trigger levels for impaired air 

quality burn bans. The submission also 

contains updates to the regulations to 

improve the clarity of the language. We 

are approving these changes because 

they meet the requirements of the Clean 

Air Act and strengthen the Washington 

SIP. 

DATES: This final rule is effective 

October 28, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0483. 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 the disclosure 

of which 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 Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA, 98101. The 

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: For 

information please contact Jeff Hunt at 

(206) 553–0256, hunt.jeff@epa.gov, or by 

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On August 10, 2015, the EPA 

proposed to approve revisions to the 

SRCAA solid fuel burning device 

regulations (80 FR 47880). An 

explanation of the CAA requirements, a 

detailed analysis of the submittal, and 

the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on September 

9, 2015. The EPA received no comments 

on the proposal. 

II. Final Action 

The EPA is approving Washington’s 

SIP revision submitted on July 10, 2015. 

Specifically, the EPA is approving and 

incorporating by reference into the SIP 

the SRCAA regulations shown in Table 

1. We note that Ecology and SRCAA 

submitted Regulation I, Section 8.11, 

Regulatory Actions and Penalties to 

demonstrate adequate enforcement 

authority to implement the program. 

Regulations describing agency 

enforcement authority are not generally 

incorporated by reference into the SIP to 

avoid potential conflict with the EPA’s 

independent authorities. Therefore, we 

are approving Section 8.11 as providing 

adequate enforcement authority, but we 

are not incorporating this section by 

reference into the SIP, codified in 40 

CFR 52.2470(c). Similarly, SRCAA 

Section 8.04 incorporates by reference 

the statewide Ecology solid fuel burning 

device regulations contained in WAC 

173–433. To the extent that SRCAA’s 

regulations reference WAC 173–433– 

130, 173–433–170, and 173–433–200 

which contain nuisance, fee, and 

enforcement provisions, Washington 

did not submit these provisions for 

approval, consistent with the EPA’s May 

9, 2014 final action on the statewide 

Ecology regulations (79 FR 26628). 

TABLE 1—APPROVED AND INCORPORATED BY REFERENCE SRCAA REGULATIONS

Agency Citation 

(section) Title State effective date Submitted Explanation 

Regulation I—Article VIII—Solid Fuel Burning Device Standards 

SRCAA 8.01 Purpose ................................................... 09/02/14 07/10/15 

SRCAA 8.02 Applicability ............................................. 09/02/14 07/10/15 

SRCAA 8.03 Definitions ............................................... 09/02/14 07/10/15 

SRCAA 8.04 Emission Performance Standards .......... 09/02/14 07/10/15 Except SRCAA’s incorporation by reference of WAC 173–433–130, 173– 

433–170, and 173–433–200. 

SRCAA 8.05 Opacity Standards .................................. 09/02/14 07/10/15 

SRCAA 8.06 Prohibited Fuel Types ............................. 09/02/14 07/10/15 

SRCAA 8.07 Curtailment (Burn Ban) ........................... 09/02/14 07/10/15 

SRCAA 8.08 Exemptions ............................................. 09/02/14 07/10/15 

SRCAA 8.09 Procedure to Geographically Limit Solid 

Fuel Burning Devices.

09/02/14 07/10/15 

SRCAA 8.10 Restrictions on Installation and Sales of 

Solid Fuel Burning Devices.

09/02/14 07/10/15 


tkelley on DSK3SPTVN1PROD with RULES