```

[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105461-105463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30695]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2024-0207; FRL-12341-02-R8]

Air Plan Approval; Revisions to Colorado Common Provisions 
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Common Provisions Regulation of the Colorado State 
Implementation Plan (SIP). These revisions were submitted by the State 
of Colorado in response to the EPA's June 12, 2015, Findings of 
Substantial Inadequacy and ``SIP calls'' for certain provisions in the 
SIP related to affirmative defenses applicable to excess emissions 
during startup, shutdown, and malfunction (SSM) events. The EPA is 
approving these SIP revisions because the Agency has determined that 
they are in accordance with the requirements for SIP provisions under 
the Clean Air Act (CAA or the Act).

DATES: This rule is effective on January 27, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2024-0207. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-AQ, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, telephone number: (303) 312-7104, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our 
October 30, 2024 proposal (89 FR 86305). In that document we proposed 
to approve revisions to the Common Provisions Regulation portion of 
Colorado's SIP. We did not receive comments on this proposal.

II. Final Action

    The EPA is approving the portion of Colorado's June 26, 2023, SIP 
submission revising the Colorado SIP by removing Common Provisions 
Regulation sections II.E. and II.J. from the SIP by making them State-
only. We are approving the SIP revisions because we have determined 
that they are consistent with the requirements for SIP provisions under 
the CAA. The EPA is further determining that finalizing such SIP 
revisions would correct the deficiencies identified in the EPA's June 
12, 2015 Findings of Substantial Inadequacy and SIP Calls.\1\
---------------------------------------------------------------------------

    \1\ ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015).
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this action, we are including in a final rule regulatory text 
that includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5 the EPA is incorporating by reference the 
revisions that would designate them as State-only, and thus remove from 
``5 CCR 1001-02, Common Provisions Regulation'' of the Colorado SIP, 
sections II.E., ``Affirmative Defense Provision for Excess Emissions 
During Malfunctions,'' and II.J., ``Affirmative Defense Provision for 
Excess Emissions During Startup and Shutdown.'' The EPA has made, and 
will continue to make, these documents generally available 
electronically through https://www.regulations.gov and in hard copy at 
the EPA Region 8 office.

IV. 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, the 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions

[[Page 105462]]

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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     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
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Colorado did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this final action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving EJ for people of color, low-income 
populations, and Indigenous peoples.
    The Congressional Review Act (CRA), 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. The 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 February 25, 2025. 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: December 17, 2024.
KC Becker,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.320, the table in paragraph (c) is amended by revising 
the entry ``II. General'' to read as follows:

Sec.  52.320   Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                    State       EPA effective    Final rule
            Title              effective date       date        citation/date               Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   5 CCR 1001-02, Common Provisions Regulation
----------------------------------------------------------------------------------------------------------------
 

[[Page 105463]]

 
                                                  * * * * * * *
II. General..................       2/14/2023       1/27/2025         [insert  Previous SIP approval 1/25/2016
                                                                      Federal   except for II.I. and II.J.5.
                                                                     Register   Substantive changes removing
                                                               citation], 12/   II.E. and II.J. approved 12/27/
                                                                      27/2025   2025.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-30695 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
```