Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21451 

1Please refer to EPA’s proposed action on January 

4, 2012 (77 FR 235) for more information 

concerning this SIP revision. 

(d) Effective Date. This rule is 

effective from 6 a.m. on April 25, 2012 

until 1 p.m. on April 30, 2012. This rule 

will be enforced from 6 a.m. until 1 p.m. 

on April 25, 2012 and April 30, 2012. 

Dated: March 20, 2012. 

C.P. Scraba, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2012–8535 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0963, FRL–9640–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Procedural Rules; Conflicts 

of Interest 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Section 1.11 

of Colorado’s procedural rules as 

adopted by the Air Quality Control 

Commission (Commission) on January 

16, 1998 and submitted to EPA as a 

State Implementation Plan (SIP) 

revision on November 5, 1999. Section 

1.11.0 provides for specific 

requirements regarding the composition 

of the Commission and disclosure by its 

members of potential conflicts of 

interest. We are also approving the 

remaining portion of Colorado’s January 

7, 2008 submittal to meet the 

Infrastructure requirements of section 

110(a)(2) of the Clean Air Act (CAA) for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS), specifically the portion 

intended to address the requirements of 

section 110(a)(2)(E)(ii) of the CAA. The 

proposed approval appeared in the 

Federal Register on January 4, 2012 (77 

FR 235). EPA has determined that the 

approved revisions in Colorado’s 

submittals are consistent with the CAA. 

This action is being taken under section 

110 of the Clean Air Act. 

DATES: Effective Date: This final rule is 

effective May 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0963. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, 

Environmental Protection Agency 

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

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of SIP Revisions 

II. Response to Comments 

III. Consideration of Section 110(l) of the 

CAA 

IV. Final Action 

V. Statutory and Executive Order Reviews 

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 word Commission means the 

Colorado Air Quality Control 

Commission. 

I. Summary of SIP Revisions 

Colorado adopted revisions to its 

procedural rules on January 16, 1998 

and submitted part of the revised 

procedural rules to EPA on November 5, 

1999.1 The revision consisted of 

wording changes to Section 1.11 of its 

procedural rules. Colorado’s procedural 

rules govern all procedures and hearings 

before the Commission and certain 

procedures and hearings before the Air 

Pollution Control Division within the 

Colorado Department of Public Health 

and Environment. The revisions to the 

Commission’s procedural rules, which 

were last revised in 1984, were intended 

to bring the Commission current with 

all applicable procedural requirements 

for their official actions. Section 1.11 

addresses the requirements of section 

128 of the CAA. 

Separately, on January 7, 2008, 

Colorado provided a submittal to meet 

the requirements of section 110(a)(2) of 

the CAA for the 1997 8-hour ozone 

NAAQS. Under section 110(a)(1) of the 

CAA, within three years of EPA’s 

promulgation of a new or revised 

standard, states are required to make a 

submittal, known as an ‘‘infrastructure 

SIP,’’ to meet the requirements of 

sections 110(a)(1) and (a)(2). Section 

110(a)(1) provides the procedural and 

timing requirements for SIP submissions 

after a new or revised NAAQS is 

promulgated. Section 110(a)(2) lists 

specific elements the SIP must contain 

or satisfy. These infrastructure elements 

include requirements, such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. EPA 

approved most of the January 7, 2008 

SIP revision on May 18, 2011. However, 

the remaining portion of section 

110(a)(2)(E)(ii) is being approved in this 

action. 

II. Response to Comments 

EPA did not receive comments 

regarding our proposed rule for 

Colorado’s procedural rules. 

III. Consideration of 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 that are approved in this 

action do not interfere with attainment 

of the NAAQS or any other applicable 

requirement of the Act. The revisions do 

not make substantive changes that relax 

the stringency of the Colorado SIP; 

instead, the submittal of Section 1.11 of 

Colorado’s procedural rule meets the 

requirement of section 128 of the CAA. 

Therefore, the revisions that are 

approved in this action satisfy section 

110(l) requirements. 

IV. Final Action 

We are approving Section 1.11 of 

Colorado’s procedural rule as adopted 

by the Commission on January 16, 1998 


tkelley on DSK3SPTVN1PROD with RULES
21452 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

and submitted to EPA on November 5, 

1999, to meet the requirements of 

section 128 of the CAA. We are also 

approving of a portion of Colorado’s 

January 7, 2008 submittal to meet the 

‘‘infrastructure’’ requirements of section 

110(a)(2) for the 1997 8-hour ozone 

NAAQS, specifically the portion 

intended to address the requirements of 

section 110(a)(2)(E)(ii) of the CAA. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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). This 

action also does not have Federalism 

implications because it does not 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 action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 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. 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. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 11, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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: February 14, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

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. Amend § 52.320 by adding 

paragraph (c)(123) to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(123) Colorado adopted revisions to 

its procedural rules on January 16, 1998 

and submitted part of the revised 

procedural rules to EPA on November 5, 

1999. Colorado’s procedural rules 

govern all procedures and hearings 

before the Air Quality Control 

Commission (Commission) and certain 

procedures and hearings before the Air 

Pollution Control Division within the 

Colorado Department of Public Health 

and Environment. The revision to the 

Commission’s procedural rules was 

intended to bring the Commission 

current with all applicable procedural 

requirements for their official actions. 

The submitted portion of the revision 

consisted of changes to Section 1.11.0 of 

the procedural rules. The section 

addresses requirements under section 

128 of the CAA regarding the 

composition of the Commission and 

disclosure by its members of potential 

conflicts of interest. 

(i) Incorporation by reference. 

(A) Department of Public Health and 

Environment, Air Quality Control 

Commission, Procedural Rules, 5 CCR 

1001–1, Section 1.11.0, State 

Implementation Plan, adopted on 

January 16, 1998 and effective on March 

30, 1998. 

(ii) [Reserved] 

■ 3. Revise § 52.353 to read as follows: 

§ 52.353 Section 110(a)(2) infrastructure 

requirements. 

On January 7, 2008, James B. Martin, 

Executive Director of the Colorado 

Department of Public Health and 

Environment for the state of Colorado, 

submitted a certification letter which 

provides the state of Colorado’s SIP 

provisions for meeting the requirements 


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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21453 

of CAA Section 110(a)(1) and (2) 

relevant to the 1997 8-hour ozone 

NAAQS. The State’s 1997 Ozone 

Infrastructure SIP is approved with 

respect to the requirements of the 

following elements of section 110(a)(2) 

of the CAA for the 1997 8-hour ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

[FR Doc. 2012–8350 Filed 4–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2005–CO–0003, FRL– 

9616–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to New Source 

Review Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving those 

revisions adopted by the State of 

Colorado on April 16, 2004 to 

Regulation No. 3 (Stationary Source 

Permitting and Air Pollutant Emission 

Notice Requirements) that incorporate 

EPA’s December 31, 2002 NSR Reforms. 

Colorado submitted the request for 

approval of these rule revisions into the 

State Implementation Plan (SIP) on July 

11, 2005 and supplemented its request 

on October 25, 2005. EPA is approving 

only the portions of Colorado’s revisions 

to Regulation Number 3 that relate to 

the prevention of significant 

deterioration (PSD) and non-attainment 

new source review (NSR) construction 

permit programs of the State of 

Colorado. Other revisions, 

renumberings, additions, or deletions to 

Regulation No. 3 made by Colorado as 

part of the April 16, 2004 final 

rulemaking are being acted on by EPA 

in a separate final action related to 

Colorado’s Interstate Transport SIP (see 

proposed action at 76 FR 21835, April 

19, 2011). Colorado has a federally 

approved NSR program for new and 

modified sources impacting attainment 

and non-attainment areas in the State. 

This action is being taken under section 

110 of the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective May 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2005–CO–0003. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Scott Jackson, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6107, 

jackson.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background for This Action 

A. What revisions to the Colorado SIP does 

this action address? 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

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. 

I. Background for This Action 

On December 7, 2005 (70 FR 72744), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Colorado. The NPR proposed approval 

of portions of Colorado’s revisions to the 

Stationary Source Permitting and Air 

Pollutant Emission Notice Requirements 

(Regulation No. 3) that incorporate 

EPA’s December 31, 2002 NSR Reforms. 

The State of Colorado submitted the 

formal SIP revision on July 11, 2005 

followed by a supplemental submittal 

on October 25, 2005. This final action 

updates the federally approved SIP to 

reflect changes made by Colorado that 

were reviewed and deemed approvable 

into the Colorado SIP (Code of Federal 

Regulations part 52, subpart G). 

On December 31, 2002, EPA 

published revisions to the federal PSD 

and non-attainment NSR regulations. 

These revisions are commonly referred 

to as ‘‘NSR Reform’’ regulations and 

became effective nationally in areas not 

covered by a SIP on March 3, 2003. 

These regulatory revisions included 

provisions for baseline emissions 

determinations, actual-to-future actual 

methodology, plantwide applicability 

limits (PALs), clean units, and pollution 

control projects (PCPs). On November 7, 

2003, EPA published a reconsideration 

of the NSR Reform regulations that 

clarified two provisions in the 

regulations. On June 24, 2005, the 

United States Court of Appeals for the 

District of Columbia Circuit issued its 

ruling on challenges to the December 

2002 NSR Reform revisions. Although 

the Court upheld most of EPA’s rules, it 

vacated both the Clean Unit and the 

Pollution Control Project provisions and 

remanded back to EPA the ‘‘reasonable 

possibility’’ standard for when a source 

must keep certain project related 

records. 

Colorado’s July 11, 2005 submittal 

and October 25, 2005 supplemental 

submittal request approval for its 

regulations to implement the NSR 

Reform provisions that were not vacated 

or remanded by the June 24, 2005, court 

decision. 

A. What revisions to the Colorado SIP 

does this action address? 

EPA is approving those revisions 

adopted by Colorado on April 16, 2004 

to Regulation No. 3 (Stationary Source 

Permitting and Air Pollutant Emission 

Notice Requirements) that incorporate 

EPA’s December 30, 2002 NSR Reforms 

(with the exceptions noted in the table 

below). EPA is also approving revisions 

Colorado made to Regulation No. 3 prior 

to the April 16, 2004 final rulemaking 

that incorporate the revisions EPA made 

to the federal NSR rules on July 21, 1992 

(with the exceptions noted in the table 

below). These revisions are referred to 

as the WEPCO rule (for the Wisconsin 

Electric Power Company court ruling) 

and added definitions and provisions 

that have been incorporated into the 

April 16, 2004 version of Regulation No. 

3. 

In addition to incorporating the NSR 

Reforms into the April 16, 2004 

Regulation No. 3 revision, Colorado also 

restructured Regulation No. 3, including 

adding a new Part D titled Concerning 

Major Stationary Source New Source 


tkelley on DSK3SPTVN1PROD with RULES