58186 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 

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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: August 29, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. Section 52.1770(c), under Table 1, 

is amended by revising the entries for 

‘‘.0902,’’ ‘‘.0909,’’ ‘‘.0952,’’ ‘‘.0953,’’ and 

‘‘.0954’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State 

citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

.0900 Volatile Organic Compounds 

*******

Sect .0902 ..... Applicability ..................................... 5/1/2013 9/23/2013 [Insert 

citation of publication].

This approval does not include the start-up shutdown 

language as described in Section II. A. a. of EPA’s 

3/13/2013 proposed rule (78 FR 15895) 

*******

Sect .0909 ..... Compliance Schedules ................... 5/1/2013 9/23/2013 [Insert 

citation of publication].

* * * * * * * 

Sect .0952 ..... Petitions for Alternative Controls for 

RACT.

9/18/2009 9/23/2013 [Insert 

citation of publication].

Sect .0953 ..... Vapor Return Piping for Stage II 

Vapor Recovery.

9/18/2009 9/23/2013 [Insert 

citation of publication].

This rule has been repealed as state effective 9/18/

2009. 

Sect .0954 ..... Stage II Vapor Recovery ................ 9/18/2009 9/23/2013 [Insert 

citation of publication].

This rule has been repealed as state effective 9/18/

2009. 

*******

* * * * * 

[FR Doc. 2013–22965 Filed 9–20–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0810, FRL–9901–04– 

Region 8 

Approval and Promulgation of State 

Implementation Plan Revisions; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Prevention of 

Significant Deterioration Requirements 

for PM2.5 Increments and Major and 

Minor Source Baseline Dates; 

Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) submissions 

from the State of Colorado to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for PM2.5 on July 18, 1997 

and on October 17, 2006. The CAA 

requires that each state, after a new or 

revised NAAQS is promulgated, review 

their SIPs to ensure that they meet 

infrastructure requirements. The State of 

Colorado provided infrastructure SIP 

submissions on April 4, 2008 and June 

4, 2010 for the 1997 and 2006 PM2.5

NAAQS, respectively. In addition, EPA 

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Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 58187 

is approving portions of SIP revisions 

submitted by the State of Colorado on 

May 11, 2012 and May 13, 2013. The 

revisions update Regulation 3 of the Air 

Quality Control Commission permitting 

requirements for the Prevention of 

Significant Deterioration (PSD) program 

to incorporate the required elements of 

the 2008 PM2.5 NSR Implementation 

Rule and the 2010 PM2.5 Increment 

Rule. 

DATES: This final rule is effective 

October 23, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2009–0810. 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, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@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 initials CBI mean or refer to 

confidential business information. 

(iii) The words EPA, we, us or our mean 

or refer to the United States Environmental 

Protection Agency. 

(iv) The initials NAAQS mean or refer to 

national ambient air quality standards. 

(v) The initials PM mean or refer to 

particulate matter. 

(vi) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers (fine 

particulate matter). 

(vii) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(viii) The initials SIP mean or refer to State 

Implementation Plan. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR) of 

May 23, 2013 (78 FR 30830). 

In our NPR, we proposed to act on 

submissions from the State of Colorado 

to address infrastructure requirements 

for the 1997 and 2006 PM2.5 NAAQS. 

The NPR proposed approval of the 

submissions with respect to the 

following infrastructure elements for the 

1997 and 2006 PM2.5 NAAQS: CAA 

Sections 110(a)(2)(A), (B), (C) with 

respect to minor NSR requirements, (E), 

(F), (G), (H), (J) with respect to the 

requirements of sections 121 and 127 of 

the Act, (K), (L), and (M). The reasons 

for our approval are provided in detail 

in the NPR. 

For reasons explained in the NPR, 

EPA also proposed to approve the 

submissions for infrastructure elements 

(C) and (J) with respect to PSD 

requirements for the 1997 and 2006 

PM2.5 NAAQS. Concurrently, EPA 

proposed to approve revisions to 

Regulation 3 submitted by Colorado on 

May 11, 2012, and May 13, 2013, which 

incorporate the requirements of the 

2008 PM2.5 NSR Implementation Rule 

and the 2010 PM2.5 Increment Rule; 

specifically, revisions to: Regulation 3, 

Part D, sections II.A.5.a and b, II.A.23.a 

and b, II.A.25.a.(i), a.(ii), a.(iii), and b.(i), 

II.A.38.c and g, II.A.42.a., and X.A.1., as 

submitted on May 11, 2012, and 

revisions to Regulation 3, Part D, 

sections II.A.23.c., as submitted on May 

13, 2013. EPA is taking no action at this 

time on infrastructure element (D) for 

the 2006 PM2.5 NAAQS. 

II. Response to Comments 

EPA received one comment. The 

commenter generally supported the 

EPA’s proposed action. However, the 

commenter noted that EPA had recently 

promulgated revised PM2.5 standards 

(78 FR 3086, January 15, 2013) and 

stated that the Colorado submissions 

did not reflect these revised standards. 

The commenter recommended that EPA 

should approve the infrastructure SIPs 

as submitted, but that Colorado should 

submit a revised SIP addressing the new 

PM2.5 standards. 

Response: We note the commenter’s 

general support for our action. However, 

we disagree with the comment to the 

extent that it implies that the Colorado 

submissions we are acting on are 

deficient in not addressing the newly 

revised 2012 PM2.5 standards. 

Colorado’s April 4, 2008 and June 4, 

2010 submissions addressed 

infrastructure requirements for the 1997 

and 2006 PM2.5 NAAQS, respectively. 

We have evaluated the submissions 

based on the requirements of sections 

110(a)(1) and (a)(2) and the CAA with 

respect to those standards. To the extent 

that the 2012 PM2.5 NAAQS may in the 

future require any SIP revisions for 

infrastructure purposes, we will then 

evaluate Colorado’s infrastructure 

submission for the 2012 PM2.5 NAAQS 

with respect to those requirements. 

III. Final Action 

EPA is approving the following 

infrastructure elements for the 1997 and 

2006 PM2.5 NAAQS: CAA section 

110(a)(2)(A), (B), (C) with respect to 

minor NSR requirements, (E), (F), (G), 

(H), (J) with respect to the requirements 

of sections 121 and 127 of the Act, (K), 

(L), and (M). EPA is approving 

infrastructure elements (C) and (J) with 

respect to PSD requirements for the 

1997 and 2006 PM2.5 NAAQS. EPA is 

approving revisions to Regulation 3 

submitted by Colorado on May 11, 2012 

and May 13, 2013, which incorporate 

the requirements of the 2008 PM2.5 NSR 

Implementation Rule and the 2010 

PM2.5 Increment Rule; specifically, 

revisions to: Regulation 3, Part D, 

sections II.A.5.a and b, II.A.23.a and b, 

II.A.25.a.(i), a.(ii), a.(iii), and b.(i), 

II.A.38.c and g, II.A.42.a., and X.A.1., as 

submitted on May 11, 2012, and 

revisions to Regulation 3, Part D, section 

II.A.23.c, as submitted on May 13, 2013. 

EPA is taking no action at this time on 

infrastructure element (D) for the 2006 

PM2.5 NAAQS. 

IV. 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 

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58188 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 

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 November 22, 

2013. 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 29, 2013. 

Howard M. Cantor, 

Deputy Regional Administrator, Region 8. 

40 CFR Part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 52.320 is amended by 

adding paragraph (c)(126) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(126) On May 11, 2012 and May 13, 

2013 the State of Colorado submitted 

revisions to the State Implementation 

Plan that incorporate the required 

elements of the 2008 PM2.5 NSR 

Implementation Rule and the 2010 

PM2.5 Increment Rule. 

(i) Incorporation by reference 

(A) 5 CCR 1001–5, Regulation Number 

3, Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part D, Concerning Major 

Stationary Source New Source Review 

and Prevention of Significant 

Deterioration, Section II, Definitions, 

Section II.A.5, Baseline Area, II.A.5.a. 

and II.A.5.b.; Section II.A.23., Major 

Source Baseline Date, II.A.23.a. and 

II.A.23.b.; II.A.25., Minor Source 

Baseline Date, II.A.25.a., II.A.25.b. 

introductory text, and II.A.25.b.(i); 

II.A.38, Regulated NSR Pollutant, 

II.A.38.c., II.A.38.g.; II.A.42., Significant, 

II.A.42.a.; Section X, Air Quality 

Limitations, X.A., Ambient Air 

Increments, X.A.1., effective on 12/15/

11. 

(B) 5 CCR 1001–5, Regulation Number 

3, Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part D, Concerning Major 

Stationary Source New Source Review 

and Prevention of Significant 

Deterioration, Section II, Definitions, 

II.A.23., Major Source Baseline Date, 

II.A.23.c., effective on 2/15/13. 

■ 3. Section 52.353 is amended by 

redesignating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 52.353 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) On April 4, 2008 James B. Martin, 

Executive Director, Colorado 

Department of Public Health and 

Environment, provided a submission to 

meet the infrastructure requirements for 

the State of Colorado for the 1997 PM2.5

NAAQS. On June 4, 2010, Martha E. 

Rudolph, Executive Director, Colorado 

Department of Public Health and 

Environment, provided a submission to 

meet the infrastructure requirements for 

the State of Colorado for the 2006 PM2.5

NAAQS. The State’s Infrastructure SIP 

is approved with respect to the 1997 

and 2006 PM2.5 NAAQS with respect to 

section (110)(a)(1) and the following 

elements of section (110)(a)(2): (A), (B), 

(C) with respect to PSD and minor NSR 

requirements, (E), (F), (G), (H), (J) with 

respect to PSD requirements and the 

requirements of sections 121 and 127 of 

the Act, (K), (L), and (M). 

[FR Doc. 2013–22967 Filed 9–20–13; 8:45 am] 

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