Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51903 

stationary sources (i.e., emissions that 

are not regulated by rule 3745–21–09, 

3745–21–12, 3745–21–13, 3745–21–14, 

3745–21–15, 3745–21–16, or 3745–21– 

18 of the Administrative Code).’’ On 

February 8, 2008, the previously 

existing rule 3745–21–07 was rescinded 

by Ohio EPA. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–07 ‘‘Control of emissions of 

organic materials from stationary 

sources (i.e., emissions that are not 

regulated by rule 3745–21–09, 3745–21– 

12, 3745–21–13, 3745–21–14, 3745–21– 

15, 3745–21–16, or 3745–21–18 of the 

Administrative Code),’’ effective 

February 18, 2008. 

(B) February 18, 2008, ‘‘Director’s 

Final Findings and Orders’’, signed by 

Chris Korleski, Director, Ohio 

Environmental Protection Agency. 

(ii) Additional material. 

(A) An October 25, 2010, letter from 

Robert F. Hodanbosi, Chief Division of 

Air Pollution Control of the Ohio 

Environmental Protection Agency to 

Susan Hedman, Regional Administrator, 

containing documentation of 

noninterference, under section 110(l) of 

the Clean Air Act, of the less stringent 

applicability cutoff for sheet mold 

compound machines. 

[FR Doc. 2011–21225 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0340; FRL–9454–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revised Definitions; 

Construction Permit Program Fee 

Increases; Regulation 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the two 

State Implementation Plan (SIP) 

revision packages submitted by the State 

of Colorado on August 1, 2007. EPA is 

approving the August 1, 2007 submittal 

revisions to Regulation 3, Part A, 

Section I where the State expanded on 

the definition of nitrogen dioxide (NO2) 

to include it as a precursor to ozone. An 

increase in the amount of the fees 

charged for pollutant emissions and 

minor wording additions as specified in 

Regulation 3, Part A, Section VI.D.1 is 

approved. EPA is also approving one 

grammatical change the State made to 

Regulation 3 in the August 1, 2007 

submittal. In addition, EPA is taking no 

action on several revisions to Colorado’s 

Regulation 3 regarding New Source 

Review (NSR), that are contained in this 

submittal, where previously proposed, 

pending, or future actions by EPA have 

addressed or will address these 

revisions. EPA is also not acting on 

three provisions in the submittals that 

are not in Colorado’s SIP and revisions 

to the State’s requirements to file Air 

Pollution Emission Notices (APENs). 

This action is being taken under section 

110 of the Clean Air Act (CAA). 

DATES: EFFECTIVE DATE: This final rule is 

effective September 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0340. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, 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 a.m. to 4 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. 

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 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 APEN mean or refer to 

Air Pollutant Emission Notice. 

(vi) The initials NSR mean or refer to 

New Source Review, the initials PSD 

mean or refer to Prevention of 

Significant Deterioration and the initials 

NAAQS mean or refer to National 

Ambient Air Quality Standards. 

(vii) The initials NO2 mean Nitrogen 

Dioxide. 

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 

The State’s August 1, 2007 submittal 

consisted of two packages of revisions to 

the State’s Regulation 3. The first 

package of revisions was adopted by the 

State on August 17, 2006 and corrected 

minor issues EPA had identified 

regarding Colorado’s NSR program. The 

State adopted the revisions in order to 

ensure that the State would continue to 

have Federal approval of its NSR 

program. In the definitions section of 

Regulation 3, Part A, Section I.B.16, 

Colorado adopted language to treat NO2

as an ozone precursor. The State added 

in Part A, Section II.C.2.b(ii) under its 

APEN requirements that an increase of 

one ton per year or greater of nitrogen 

oxides emissions from a source with 

annual actual emissions less than one 

hundred tons and located in an ozone 

nonattainment area constituted a 

significant change. A significant change 

meant that a new APEN must be 

submitted to the State. 

In the same revision, Methyl Ethyl 

Ketone was removed as a reportable 

compound from Appendix B of 

Regulation 3. The State added T-Butyl 

Acetate as a non-criteria reportable 

pollutant in Regulation 3, Appendix B. 

The second package of revisions 

adopted on December 14, 2006 

contained annual emission fee increases 

in Part A, Section VI.D.1 of Regulation 

3. The increase in fees is used to pay for 

the State’s increased workload from the 

processing of APENs and permits. 

One grammatical change was made by 

the State in Part A, Section I.B.9.d. in 

their Regulation 3. The grammatical 

change is listed as follows: 

• Section I.B.9.d. Applicable 

Requirement. 

The right double parenthesis around 

the wording ‘‘Regulation No. 8’’ was 

removed and replaced with a single 

right parenthesis. 


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51904 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

II. Response to Comments 

EPA did not receive comments 

regarding our proposed rule for 

Colorado’s Regulation 3 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 

National Ambient Air Quality Standards 

(NAAQS) or any other applicable 

requirement of the Act. The Colorado 

SIP revisions being approved that are 

the subject of this action do not interfere 

with attainment of the NAAQS or any 

other applicable requirement of the Act. 

In regard to the August 1, 2007 

submittals, EPA is approving several 

revisions to the State’s Regulation 

Number 3. These portions do not relax 

the stringency of the Colorado SIP since 

they are housekeeping in nature. 

Therefore, the portions of the revisions 

proposed for approval satisfy section 

110(l) requirements because they do not 

relax existing SIP requirements. 

IV. Final Action 

What EPA Is Approving 

On May 27, 2011 (76 FR 30894), we 

proposed approval of the revisions to 

the State’s Regulation Number 3 as 

identified above. In this action we are 

approving the State’s adding of the 

definition within Part A, Section I.B.16. 

as it pertains to NO2 as a precursor to 

ozone. We are also approving the 

increase in the amount of the fees 

charged for pollutant emissions and 

minor wording additions as specified in 

Regulation 3, Part A, Section VI.D.1. 

One minor grammatical revision made 

to Section I.B.9.d., as identified above, 

is also being approved. 

Where EPA Is Taking No Action 

The August 1, 2007 submittal 

included three revisions that are not 

approved as part of the SIP. First, 

changes to Appendix B of Regulation 3 

where the State removed Methyl Ethyl 

Ketone as a reportable compound. 

Second, the State added T-Butyl Acetate 

as a non-criteria reportable pollutant in 

Regulation 3, Appendix B. Third, 

changes made to Part C, Concerning 

Operating Permits (Part C. X.A.5). These 

revisions are not part of the EPAapproved SIP and these Appendices are 

not incorporated by reference into 40 

CFR 52.320. 

The State corrected minor issues EPA 

had identified regarding Colorado’s NSR 

program. The State adopted the 

revisions in order to ensure that the 

State would continue to have Federal 

approval of its NSR program. EPA has 

proposed to approve Colorado’s NSR 

program in a separate action on 

December 7, 2005 (70 FR 72744). 

Therefore, we are not taking action on 

Colorado’s NSR program within the 

context of today’s action rather we will 

act on these revisions in a future action. 

The State’s submittal also contains 

minor corrections to its APEN 

requirements that we have proposed to 

approve in a separate action on January 

25, 2011 (76 FR 4271); therefore, we are 

not acting on those here. 

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 October 18, 2011. 

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 14, 2011. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 


wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51905 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Add paragraph (d) to § 52.329 as 

follows: 

§ 52.329 Rules and regulations. 

* * * * * 

(d) On August 7, 2007, the Colorado 

submitted two packages with revisions 

to Colorado’s Regulation 3 Regulation, 5 

CCR 1001–5, Part A. One change adopts 

language to treat nitrogen dioxide as an 

ozone precursor. The State also adopted 

an increase in fees used to pay for the 

State’s increased workload from the 

processing of Air Pollutant Emission 

Notices (APENs) and permits. Annual 

and permit processing fees shall be 

$16.54 for regulated pollutants and 

$114.96 for Hazardous Air Pollutants. 

One grammatical change was made to 

the text of Part A, Section 1.B.9.d: 

(1) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section I, Applicability, Section I.B.9.d, 

Applicable Requirement, effective 

October 2006: Any standard or other 

requirement under section 112 of the 

Federal Act (hazardous air pollutants, 

including any requirement concerning 

accident prevention under section 

112(r)(7) of the Federal Act) (Regulation 

No. 8) but not including the contents of 

any risk management plan required 

under section 112(r) of the Federal Act. 

(2) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section I, Applicability, Section I.B.16, 

Criteria Pollutants, effective October 

2006: 

(i) Those pollutants for which the U.S. 

EPA has established national ambient 

air quality standards, including: carbon 

monoxide, nitrogen dioxide (direct 

emissions and as a precursor to ozone), 

sulfur dioxide, PM10, total suspended 

particulate matter, ozone, volatile 

organic compounds (as a precursor to 

ozone), and lead. 

(ii) For the purpose of Air Pollutant 

Emission Notice reporting, criteria 

pollutants shall also include nitrogen 

oxides, fluorides, sulfuric acid mist, 

hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, municipal 

waste combustor organics, municipal 

waste combustor metals, and municipal 

waste combustor acid gases. 

(3) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section VI Fees; Section VI.D.1, Fee 

Schedule, effective February 2007: 

Annual and permit processing fees shall 

be charged in accordance with and in 

the amounts specified in the provisions 

of Colorado Revised Statues section 25– 

7–114.7. Annual fees for regulated 

pollutants shall be $16.54. Annual fees 

for hazardous air pollutants shall be 

$114.96. 

[FR Doc. 2011–21233 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA592 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Gulf of 

Mexico Reef Fish Fishery; 2011 

Commercial Quota and 2011 

Commercial Fishing Season for 

Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS implements this 

temporary final rule to increase the 

commercial quota for greater amberjack 

in the Gulf of Mexico (Gulf) for the 2011 

fishing year and reopen the 2011 

commercial fishing season for greater 

amberjack for a limited time period. 

These actions are necessary to achieve 

the optimum yield for the fishery, thus 

enhancing social and economic benefits 

to the fishery. 

DATES: This rule is effective August 19, 

2011 through December 31, 2011, except 

for the reopening of the commercial 

sector for Gulf greater amberjack. The 

commercial sector for Gulf greater 

amberjack will reopen at 12:01 a.m., 

local time, September 1, 2011, and close 

at 12:01 a.m., local time, October 31, 

2011. 

ADDRESSES: Electronic copies of the 

final rule for Amendment 30A, the Final 

Supplemental Environmental Impact 

Statement (FSEIS) for Amendment 30A, 

and other supporting documentation 

may be obtained from Rich Malinowski, 

NMFS, Southeast Regional Office, 263 

13th Avenue South, St. Petersburg, FL 

33701; telephone: 727–824–5305. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, telephone: 727–824–5305, 

e-mail Rich.Malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf is managed 

under the Fishery Management Plan for 

Reef Fish Resources of the Gulf of 

Mexico (FMP). The FMP was prepared 

by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The 2006 reauthorization of the 

Magnuson-Stevens Act implemented 

new requirements that annual catch 

limits (ACLs) and accountability 

measures (AMs) be established to end 

overfishing and prevent overfishing 

from occurring. AMs are management 

controls to prevent ACLs from being 

exceeded, and correct or mitigate 

overages of the ACL if they occur. 

Section 303(a)(15) of the MagnusonStevens Act mandates the establishment 

of ACLs at a level such that overfishing 

does not occur in the fishery, including 

measures to ensure accountability. 

On July 3, 2008, NMFS issued a final 

rule (73 FR 38139) to implement 

Amendment 30A to the FMP 

(Amendment 30A). Amendment 30A 

established a commercial quota for Gulf 

greater amberjack of 503,000 lb (228,157 

kg) and an AM that would go into effect 

if the commercial quota for greater 

amberjack is exceeded. In accordance 

with regulations at 50 CFR 

622.49(a)(1)(i), when the applicable 

commercial quota is reached, or 

projected to be reached, the Assistant 

Administrator for Fisheries, NOAA, 

(AA), will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. If despite such 

closure, commercial landings exceed the 

quota, the AA will reduce the quota the 

year following an overage by the amount 

of the overage of the prior fishing year. 

Landings data for 2010, provided by 

the Southeast Fisheries Science Center 

(SEFSC) in April, 2011, indicated 

562,172 lb (254,997 kg) were landed by 

the commercial sector, for an overage of 

189,100 lb (85,774 kg). Therefore, for 

2011, NMFS published a rule in the 

Federal Register (76 FR 23909, April 29, 

2011) announcing the 503,000-lb 

commercial quota would be adjusted to 

313,900 lb (142,383 kg) to account for 

the overage. However, recently updated 


wreier-aviles on DSKDVH8Z91PROD with RULES