39030 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

1 ‘‘Where an air agency determines that the 

provisions in or referred to by its existing EPA 

approved SIP are adequate with respect to a given 

infrastructure SIP element (or subelement) even in 

light of the promulgation of a new or revised 

NAAQS, the air agency may make a SIP submission 

in the form of a certification.’’ EPA’s ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and (2),’’ September 13, 2013, at 7. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0557, FRL–9966–06– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2010 SO2 and 

2012 PM2.5 National Ambient Air 

Quality Standards; Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of Colorado to 

demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for sulfur dioxide (SO2) on 

June 2, 2010 and fine particulate matter 

(PM2.5) on December 14, 2012. 

DATES: This rule is effective on 

September 18, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0557. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, 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 

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. The 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: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are set forth 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 

published on June 6, 2017 (82 FR 

25999). 

In our proposed rule, the EPA 

proposed to approve some infrastructure 

elements and to take no action on others 

for the 2010 SO2 and 2012 PM2.5

NAAQS from the State’s July 10, 2013 

and December 1, 2015 certifications,1

respectively. In this rulemaking, we are 

taking final action to approve those 

infrastructure elements from the State’s 

certifications for which we proposed 

approval. 

II. Response to Comments 

No comments were received on our 

June 6, 2017 notice of proposed 

rulemaking. 

III. Final Action 

For reasons expressed in the proposed 

rule, the EPA is taking final action to 

approve infrastructure elements from 

the State’s certifications as shown in 

Table 1. Elements we are taking no 

action on are reflected in Table 2. 

A comprehensive summary of 

infrastructure elements and new rules 

being approved into the Colorado SIP 

through this final rule action are 

provided in Table 1 and Table 2. 

TABLE 1—LIST OF COLORADO INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING

Approval 

July 10, 2013 submittal—2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

December 1, 2015 submittal—2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

TABLE 2—LIST OF COLORADO INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON

No action 

(Revision to be made in separate rulemaking action) 

July 13, 2013 submittal—2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2. 

December 1, 2015 submittal—2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2. 

IV. Statutory and Executive Orders 

Review 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39031 

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 the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

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. 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 October 16, 2017. 

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 CAA 

Section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 28, 2017. 

Debra H. Thomas, 

Acting 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. In 52.353, add paragraph (d) to read 

as follows: 

§ 52.353 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(d) The Colorado Department of 

Public Health and Environment 

provided submissions to meet 

infrastructure requirements for the State 

of Colorado for the 2010 SO2 and 2012 

PM2.5 NAAQS were received on July 10, 

2013 and December 1, 2015, 

respectively. The State’s Infrastructure 

SIP for the 2010 SO2 and 2012 PM2.5

NAAQS is approved with respect to 

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

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

(C) with respect to minor NSR and PSD 

requirements, (D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2017–17232 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0382; FRL–9966–31– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions To Implement the 

Revocation of the 1997 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia state 

implementation plan (SIP). The 

revisions pertain to amendments made 

to the Virginia Administrative Code. 

These amendments updated the State 

Air Pollution Control Board’s 

Regulations for the Control and 

Abatement of Air Pollution to be 

consistent with EPA’s final rule 

implementing the 2008 ozone national 

ambient air quality standards (NAAQS) 

and revoking the 1997 ozone NAAQS. 

See 80 FR 12264 (March 6, 2015). The 

amendments revised a regulation listing 

nonattainment areas under the 1997 

ozone NAAQS and a regulation 

regarding the 1997 ozone standard to 

reflect the revocation of the 1997 ozone 

NAAQS, which was effective April 6, 

2015. The amendments also added 

clarifying text to two transportation and 

general conformity regulations in order 

to reflect the revocation of the 1997 

ozone NAAQS. EPA is approving these 

revisions updating the Virginia 

Administrative Code to reflect the 

revocation of the 1997 ozone NAAQS in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on October 

16, 2017 without further notice, unless 

EPA receives adverse written comment 

by September 18, 2017. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0382 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 


sradovich on DSK3GMQ082PROD with RULES