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[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19125-19128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07250]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0036; FRL-9284-4]

Approval and Disapproval and Promulgation of Air Quality 
Implementation Plans; Colorado; Revision to Definitions; Common 
Provisions Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving State 
Implementation Plan (SIP) revisions submitted by the State of Colorado 
on June 20, 2003. The intended effect of this final rule is to approve 
and make federally enforceable those portions of the revisions to 
Colorado's Common Provisions that are consistent with the Clean Air Act 
(CAA). Primarily, the revisions involved changes designed to fix 
ambiguous language, to make the definitions more readable or to delete 
obsolete definitions. In addition, a number of definitions were revised 
to reflect developments in federal law or were deleted to eliminate 
duplicative provisions that appear in other Colorado regulations. EPA 
is approving portions of the revision that delete duplicative or 
obsolete definitions, or that clarify existing definitions in a manner 
consistent with the CAA. In addition, EPA is disapproving those 
portions of the rule revisions that EPA determined are inconsistent 
with the CAA. This action is being taken under section 110 of the CAA.

DATES: Effective Date: This final rule is effective April 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0036. All documents in the docket are listed in 
the www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy

[[Page 19126]]

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: Mark Komp, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303) 
312-6022, fax number (303) 312-6064, komp.mark@epa.gov.

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 State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.
    (v) The initials AQCC mean or refer to Air Quality Control 
Commission.
    (vi) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (vii) The initials BACT mean or refer to Best Available Control 
Technology, and the initials LAER means or refers to Lowest Achievable 
Emission Rate.
    (viii) The initials ASTM means or refers to the American Society 
for Testing and Materials.

Table of Contents

I. Background Information
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background Information

    On June 20, 2003, the State of Colorado submitted revisions to its 
SIP that changed or deleted numerous definitions in its Common 
Provisions. Colorado's Common Provisions provide definitions, statement 
of intent and general provisions that are applicable to all emission 
control regulations adopted by the State. Primarily, this revision 
involved changes designed to fix ambiguous language, to make the 
definitions more readable or to delete obsolete definitions. In 
addition, a number of definitions were revised to reflect developments 
in federal law or deleted to eliminate duplicative provisions that 
appear in other Colorado regulations.
    Definitions deleted include: Actual emissions, allowable emissions, 
best available control technology (BACT), lowest achievable emission 
rate (LAER) and the modification of a source. These definitions were 
deleted from the Common Provisions because the State placed these 
definitions in their Regulation 3.
    Revisions to the Common Provisions also include grammatical, 
formatting and stylistic changes designed to make the regulation more 
readable. The State made these revisions to achieve consistency in the 
language used in the State's air quality regulations. These revisions 
do not change the applicability of any of the air quality regulation 
requirements. The State also added a number of abbreviations to the 
existing list.
    The State clarified when fuel burning equipment would be considered 
part of a manufacturing process. The revisions to the Common Provisions 
change the definition of fuel burning and added a definition for 
manufacturing process equipment. The result was to clarify that fuel 
burning emissions are counted as manufacturing process emissions when 
they are vented through a common stack with other emissions from the 
manufacturing process. When fuel burning emissions are vented 
separately, the emissions are subject to regulations unique to fuel 
burning equipment.
    The definition of construction was changed to clarify the 
distinction between the State's definition and the definition in 
federal programs. The clarification acknowledges that federal programs 
may utilize different definitions of construction and, in cases where 
enforceability of federal programs are involved, the federal program 
definitions apply. The State also added or modified the definitions of 
the following terms: continuous monitoring system, day, emergency power 
generator, enforceable, federally enforceable, and volatile organic 
compounds.
    The State determined that many of its definitions in Section I of 
the Common Provisions were either obsolete or found in other State air 
quality regulations. In those cases, the State eliminated the 
definitions from the Common Provisions. The State revised the provision 
for Affirmative Defense for excess emissions during start up, shutdown 
and malfunctions of equipment and moved the provision from Section II.E 
to Section II.J. The State added language to Section II.I regarding 
credible evidence in submitting compliance certifications. Finally, the 
State deleted Sections III and IV of the Common Provisions because the 
State determined the requirements in these Sections are duplicated in 
other State regulations. Section III refers to smoking gasoline powered 
motor vehicles. Section IV addresses conflict of interest by AQCC 
members.

II. Response to Comments

    EPA did not receive comments regarding our proposed rule for 
Colorado's Common Provisions revisions.

III. Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
toward attainment of the NAAQS or any other applicable requirement of 
the Act. The Colorado SIP revisions being approved that are the subject 
of this document do not interfere with attainment of the NAAQS or any 
other applicable requirement of the Act. In regard to the June 20, 2003 
submittal, EPA proposes to approve several portions of the revisions to 
the State's Common Provisions. These portions do not relax the 
stringency of the Colorado SIP. Therefore, the portions of the 
revisions proposed for approval satisfy section 110(l).

IV. Final Action

    We are approving and disapproving revisions to the Common 
Provisions as submitted on June 20, 2003. EPA is approving specific 
definitions that were added or modified with the June 20, 2003 Common 
Provisions submittal. These include the definitions for continuous 
monitoring system, emergency power generator, enforceable, federally 
enforceable, fuel burning, manufacturing process or process equipment, 
and volatile organic compounds.
    Changes that correct numerous grammatical, stylistic and formatting 
errors, duplicative and obsolete provisions, and the addition of 
several abbreviations within the Common Provisions are also approved by 
EPA. This includes the deletion of Section III of the Common Provisions 
regarding smoking gasoline powered motor vehicles. EPA is also 
approving the deletion of several definitions--actual emissions, 
allowable emissions, BACT, LAER and modification--that have been moved 
to Regulation No. 3.
    For reasons discussed in the notice of our proposed action, 76 FR 
4268, EPA is disapproving the modified definitions of ``construction'' 
and ``day.'' The additional language added to Section II.I regarding 
credible evidence in

[[Page 19127]]

submitting compliance certifications is disapproved. Finally, EPA is 
disapproving the deletion of Section IV of the Common Provisions.
    EPA will not act on Sections II.E and II.J, defining the provision 
of Affirmative Defense for excess emissions during start up, shutdown 
and malfunction of equipment. The State in subsequent revisions sent to 
EPA modified the Affirmative Defense provision. EPA acted on these 
subsequent revisions, which supersede the revisions acted on here, in 
2008 (40 CFR 52.320(c)(113)).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 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 May 28, 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: March 14, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.

PART 52 [AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(59)(ii) and adding 
paragraph (c)(118) to read as follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (59) * * *
    (ii) Common Provisions Regulation, 5 CCR 1001-2, Section III., 
Smoking Gasoline Powered Motor Vehicle Control Region, is deleted 
without replacement, effective September 30, 2002, as described in 
(c)(118) below.
* * * * *
    (118) On June 20, 2003, the State of Colorado submitted revisions 
to Colorado's Common Provisions Regulation, 5 CCR 1001-2, that revised 
the definitions of continuous monitoring system, emergency power 
generator, enforceable, federally enforceable, manufacturing process or 
process equipment, and volatile organic compounds. Deleted definitions 
included but were not limited to actual emissions, Best Available 
Control Technology (BACT), Lowest Achievable Emission Rate (LAER), and 
what conditions determine the modification of a source. These 
definitions were deleted in the Common Provisions because they appear 
in Colorado's Regulation 3. The State clarified that fuel burning 
equipment emissions are considered a part of the manufacturing process 
emissions when the emissions are vented through a common stack.
    However, fuel burning equipment emissions vented from a separate 
stack are subject to regulations unique to fuel burning equipment. In 
addition, the State deleted and reserved Section III of the Common 
Provisions regarding smoking gasoline powered motor vehicles. The 
provisions regarding smoking gasoline powered motor vehicles were 
considered by the State to be obsolete. The revisions to the Common 
Provisions also included minor changes designed to fix ambiguous 
language, to make the definitions more readable or to delete obsolete 
or duplicative definitions.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-2, COMMON PROVISIONS REGULATION, Section 1.,

[[Page 19128]]

Definitions, Statement of Intent, and General Provisions Applicable to 
all Emission Control Regulations Adopted by the Colorado Air Quality 
Control Commission, except I.G, the definitions for ``Construction'' 
and ``Day''; Section II, General, except II.E, II.I, and II.J; 
effective on September 30, 2002.

[FR Doc. 2013-07250 Filed 3-28-13; 8:45 am]
BILLING CODE 6560-50-P
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