[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66007-66008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32930]



[[Page 66007]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO47-1-6946 & CO-001-0020; FRL-5934-1]


Approval and Promulgation of Implementation Plans; Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to procedures described at 54 FR 2214 (January 19, 
1989), EPA has recently approved two minor State Implementation Plan 
(SIP) revisions for the State of Colorado. This document lists the 
revisions EPA has approved and revises the Code of Federal Regulations 
to reflect those approvals.

EFFECTIVE DATE: This action is effective December 17, 1997.

ADDRESSES: Copies of the State SIP revision requests and EPA's letter 
notices of approval are available for public inspection during normal 
business hours at the following locations: Air Program, Environmental 
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, 
Colorado 80202-2466; and the Air Pollution Control Division, Colorado 
Department of Health, 4300 Cherry Creek Drive South, Denver, Colorado 
80222-1530.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8P2-A, at the EPA 
regional office listed above, (303) 312-6445.

SUPPLEMENTARY INFORMATION: EPA Region VIII has approved the following 
minor SIP revision requests under section 110(a) of the Clean Air Act:

--------------------------------------------------------------------------------------------------------------------------------------------------------
               State                         Pollutant                Subject matter               Date of submission              Date of approval     
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado..........................  PM-10                       Aspen Element of the        Mar. 13, 1995...................  Aug. 21, 1997.            
                                                                 Colorado PM-10 SIP.                                                                    
Colorado..........................  PM-10                       Pagosa Springs Element of   Aug. 2, 1996....................  Aug. 21, 1997.            
                                                                 the Colorado PM-10 SIP.                                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has determined that these SIP revisions comply with all 
applicable requirements of the Act and EPA policy and regulations 
concerning such revisions. Due to the minor nature of these revisions, 
EPA concluded that conducting notice-and-comment rulemaking prior to 
approving the revisions would have been ``unnecessary and contrary to 
the public interest'' and, hence, was not required by the 
Administrative Procedures Act, 5 U.S.C. 553(b). Each of these SIP 
approvals became final and effective on the date of EPA approval as 
listed in the chart above.

I. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on small entities affected. Moreover, due 
to the nature of the Federal-state relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 
U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 February 17, 1998. 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 must 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: October 21, 1997.
William P. Yellowtail,
Regional Administrator, Region VIII.
    Title 40, chapter I of the Code of Federal Regulations is amended 
as follows:

[[Page 66008]]

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. Section 52.332 is amended by redesignating paragraph (b) as 
paragraph (b)(1), redesignating paragraph (e) as paragraph (e)(1), and 
adding paragraphs (b)(2) and (e)(2) to read as follows:


Sec. 52.332  Moderate PM-10 nonattainment area plans.

* * * * *
    (b) * * *
    (2) On August 2, 1996, the Governor of Colorado submitted minor 
revisions to the Pagosa Springs Element of the Colorado PM-10 SIP.
* * * * *
    (e) * * *
    (2) On March 13, 1995, the Governor of Colorado submitted minor 
revisions to the Aspen Element of the Colorado PM-10 SIP.
* * * * *
[FR Doc. 97-32930 Filed 12-16-97; 8:45 am]
BILLING CODE 6560-50-P