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[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21451-21453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8350]

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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.

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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.
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    \1\ Please refer to EPA's proposed action on January 4, 2012 (77 
FR 235) for more information concerning this SIP revision.
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    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

[[Page 21452]]

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]

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. Amend Sec.  52.320 by adding paragraph (c)(123) to read as follows:

Sec.  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]

0
3. Revise Sec.  52.353 to read as follows:

Sec.  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

[[Page 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
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