30894 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2011–13158 Filed 5–26–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0340; FRL–9312–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revised Definitions; 

Construction Permit Program Fee 

Increases; Regulation 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the two State Implementation Plan (SIP) 

revision packages submitted by the State 

of Colorado on August 1, 2007. EPA is 

proposing to approve the August 1, 2007 

submittal revisions to Regulation 3, Part 

A, Section I where the State expanded 

on the definition of nitrogen dioxide to 

include it as a precursor to Ozone. EPA 

is also proposing to approve numerous 

housekeeping changes in the August 1, 

2007 submittals. In addition, EPA 

proposes to take no action on several 

revisions to Colorado’s Regulation 3 

regarding New Source Review, 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 

proposing to not act on three provisions 

in the submittal that are not in 

Colorado’s SIP. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: Comments must be received on 

or before June 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2011–0340 by one of the following 

methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

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

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2011– 

0340. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA, without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: 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, 1595 

Wynkoop Street, Mailcode: 8P–AR, 

Denver, Colorado 80202–1129, (303) 

312–6022, komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background of State’s Submittals 

III. EPA Analysis of State’s Submittals 

IV. Consideration of Section 110(l) of the 

CAA 

V. Proposed Action 

VI. 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 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. 

(viii) The initials RACT mean Reasonable 

Achievable Control Technology. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 


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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules 30895 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background of State’s Submittals 

The State’s August 1, 2007 submittal 

consisted of two revisions to the State’s 

Regulation 3. The first revision was 

adopted by the State on August 17, 2006 

and corrected minor issues EPA had 

identified regarding Colorado’s New 

Source Review (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 

nitrogen dioxide as an ozone precursor. 

The State added in Part A, Section 

II.C.2.b(ii) under its Air Pollution 

Emission Notice (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. 

Minor grammatical revisions were also 

made throughout the revision. 

The second revision 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. 

III. EPA Analysis of State’s Submittals 

We have evaluated Colorado’s August 

1, 2007 submittal regarding revisions to 

the State’s Regulation 3. We are 

proposing to approve the revisions, 

except for some specific revisions where 

we are taking no action. We are not 

acting on specific revisions because of 

prior actions taken by EPA on these 

revisions. 

In the August 17, 2006 State adopted 

revision included in the August 1, 2007 

submittal, the State corrected minor 

issues EPA had identified regarding 

Colorado’s NSR program in order to 

ensure that the State would continue to 

have federal approval of the State’s NSR 

program. EPA has proposed to approve 

Colorado’s NSR program in a separate 

action on December 7, 2005 (70 FR 

72744). The changes to Colorado NSR 

program that are part of the August 17, 

2006 adopted revisions include 

revisions to Regulation 3, Part D, 

Sections: II.A.26.a.(i); II.A.26.g.(iii); and 

II.A.40.5. We are not taking action on 

these revisions within the context of 

today’s action rather we will act on 

these revisions in a future action. 

The August 17, 2006 adopted 

revisions also contains minor 

corrections 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. These 

corrections include amendments to Part 

A. II.C.2.b.(ii) and Part A. II.C.3.d. 

Colorado adopted language within 

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

treat nitrogen dioxide as an ozone 

precursor. EPA proposed a separate 

action regarding approval of the 

adoptive language on April 19, 2011 (76 

FR 21835). The four changes proposed 

in our April 2011 action include 

changes to the following regulations 

within Regulation 3, Part D: II.A.22.a; 

II.A.24.d, II.A.38.c, and II.A.42.a). 

However, this proposed action is 

limited to the State’s treatment of 

nitrogen dioxide as an ozone precursor 

as it pertains to PSD. In this action we 

are approving the change in the 

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

as it pertains to nitrogen dioxide as a 

precursor to ozone. 

While Colorado’s Cover Letter for the 

August 1, 2007 Submittal A identified 

the specific regulations the State 

requested that EPA approve into the 

SIP, the regulation compilation 

included several revisions that are not 

approved as part of the SIP. Therefore, 

since the State did not request action on 

these non-SIP regulatory changes, and 

they are not provisions that we approve 

into a SIP, EPA is not proposing any 

action on them. There are three 

provisions that are not in the SIP that 

we are not acting on. 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 EPA-approved SIP and these 

Appendices are not incorporated by 

reference into 40 CFR 52.320. Thus, 

because we are obligated to act on 

Colorado’s SIP submission, we plan to 

not act on these revisions as a revision 

to the SIP. 

Minor grammatical revisions made 

throughout the revisions are proposed 

for approval. These include revisions to 

the following provisions in Regulation 

3, Part A, Section I.B.9.d. Finally, the 

December 14, 2006 revision containing 

the emission fee increases and wording 

change in Part A, Section VI.D.1 are 

proposed for approval. 

IV. 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 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 August 1, 2007 

submittals, EPA proposes to approve 

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. 

V. Proposed Action 

In this action we are proposing to 

approve the change in the definition 

within Part A, Section I.B.16. as it 

pertains to nitrogen dioxide as a 

precursor to ozone. We are also 

proposing for approval the increase in 

the amount of the fees charged for 

pollutant emissions and minor wording 


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30896 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules 

additions as specified in Regulation 3, 

Part A, Section VI.D.1. 

Minor grammatical revisions made 

throughout the revisions, as identified 

above, are also being proposed for 

approval. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 CAA; 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). 

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: May 19, 2011. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2011–13272 Filed 5–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0416; FRL–9312–4] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

oxides of nitrogen (NOX) and oxides of 

sulfur (SOX) emissions from facilities 

emitting 4 tons or more per year of NOX

or SOX in the year 1990 or any 

subsequent year under the SCAQMD’s 

Regional Clean Air Incentives Market 

(RECLAIM) program. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

June 27, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0416, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 


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