47380 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

September 2014 Regional Haze Progress Report ......... Kentucky ..................... 09/17/2014 10/12/2017, [Insert citation of publication].

[FR Doc. 2017–21935 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0446; FRL–9969– 

46—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to Regulation 

Number 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a portion of the State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado on 

February 25, 2015. The revisions are to 

Colorado Air Quality Control 

Commission (Commission) Regulation 

Number 3, Parts A, B and D. The 

amendments the EPA is taking final 

action on include: Revisions to 

provisions for permitting emissions for 

particulate matter less than 2.5 

micrograms (PM2.5) in Part D, 

modifications to the provisions for filing 

revised Air Pollution Emission Notices 

(APEN) in Part A and updates to public 

notice publication requirements in Part 

B. This action is being taken under 

section 110 of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 13, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2017–0446. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. 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 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: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6227, leone.kevin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Revisions to PM2.5 Significant Impact 

Level (SIL) and Significant Monitoring 

Concentration (SMC) Provisions 

Colorado’s SIP submittal revises the 

SIL and SMC provisions for PM2.5 in the 

State’s Prevention of Significant 

Deterioration (PSD) permitting program. 

Our proposed rulemaking, which was 

published on August 18, 2017, details 

the relevant court decisions and the 

EPA’s corresponding rulemakings 

regarding PM2.5 SILs and SMCs (See 82 

FR 39396). As explained in our proposal 

notice, Colorado’s submittal is 

consistent with EPA’s revised rules. 

Revisions to APEN Reporting 

Colorado has revised its APEN 

reporting requirements to clarify when a 

revised APEN is required due to a 

significant change in annual actual 

emissions. The revision would clarify 

that the thresholds for determining 

significant changes are based on an 

individual emission unit’s actual 

emissions on a pollutant-by-pollutant 

basis, not on facility-wide emissions. 

This revision simplifies and streamlines 

the requirements for filing revised 

APENs because the source’s actual 

annual emissions are the relevant 

information for inventory and fee 

purposes when reporting past years’ 

emissions or reporting significant 

changes in annual actual emissions. Our 

proposed rulemaking outlines the 

rationale for this revision and provides 

a detailed example of the revision. 

Revisions to Public Notice Requirements 

Previously Part B, Section III.C.4., 

required the State to publish public 

notice of certain proposed minor source 

construction permit applications, 

including sources that apply for a 

permit to limit the potential to emit 

criteria pollutants, in a newspaper of 

general distribution in the area where 

the proposed project will be located or 

by other such method reasonably 

designed to ensure effective public 

notice. We are approving Colorado’s 

revision to include other means 

authorized by state statute and federal 

regulation that are designed to provide 

public notice of the applicable 

permitting action. Please see the notice 

for our proposed rulemaking for details. 

II. Response to Comment 

No comments were received on our 

August 18, 2017 notice of proposed 

rulemaking. 

III. What are the changes that EPA is 

taking final action to approve? 

The EPA is taking final action to 

approve a portion of the SIP revisions as 

submitted by Colorado on February 25, 

2015, pertaining to PM2.5 SILs and 

SMCs. As explained in our proposed 

rulemaking, these changes meet the 

requirements under CAA section 110(l), 

which states that the EPA cannot 

approve a SIP revision that interferes 

with any requirement concerning 

attainment, reasonable further progress, 

or any other applicable requirement of 

the Act. The revisions to the PSD 

program in Part D, Regulation Number 

3 comply with the requirements of 40 

CFR 51.166 as revised by the EPA in 

response to the D.C. Circuit Court of 

Appeals decision regarding PM2.5 SILs 

and SMCs. See 78 FR 73698. 

The EPA is taking final action to 

approve a portion of the SIP revisions as 

submitted by Colorado on February 25, 

2015, pertaining to revisions to 

Colorado’s APEN requirements. These 

revisions, as outlined in our proposed 

rulemaking, comply with section 110(l) 

because the revisions are limited to the 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47381 

1 62 FR 27968 (May 22, 1997). 

filing of revised APENs that are 

designed to update Colorado’s 

emissions inventory or used to calculate 

emissions fees. 

The revisions to the public notice 

minor source permitting requirements 

comply with section 110(l) because, we 

find that the revisions are consistent 

with our regulations regarding public 

notice for minor NSR programs. As 

explained in detail in our proposal, the 

EPA interprets the public notice 

requirements in 40 CFR 51.162 for 

minor NSR programs to allow for any 

publishing venue for which it is 

reasonable to conclude the public has 

routine and ready access. 

For the reasons expressed above and 

in our proposed rulemaking, the EPA is 

taking final action to approve revisions 

to Regulation Number 3, Parts A, B and 

D and Appendix A in the February 25, 

2015 submittal as shown in Table 1 

below. Appendix A was revised as a 

conforming change to the APEN 

revisions. We are also approving the 

renumbering and formatting changes for 

the definition of ‘‘emission unit’’ in 

Regulation Number 3, Part D, I.A.13.a.; 

and II.A.13.a.(i)–(ii). 

TABLE 1—LIST OF COLORADO

REVISIONS THAT EPA IS APPROVING

Revised Sections in February 10, 2015 

Submission Final Action for Approval 

Regulation Number 3, Part A: 

II.C.2.b.(i)–(iii); and II.C.4.a. and b. 

Appendix A. 

Regulation Number 3, Part B: 

III.C.4. 

Regulation Number 3, Part D: 

II.A.13.a.(i)–(ii); VI.A.2.c.; and VI.B.3.a.(iii). 

The EPA is not acting on revisions 

from Colorado’s February 25, 2015 

submittal related to greenhouse gas and 

carbon dioxide equivalent (CO2e) 

revisions and the associated 

renumbering which was a result of 

Colorado’s proposed greenhouse gas 

revisions in Parts A and D. These 

revisions will be acted on in a separate 

rulemaking. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Colorado rules as described in the 

amendments to 40 CFR part 52 set forth 

in this document. The EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 8 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

V. 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, 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 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 in 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 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). 

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 December 11, 

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, 

Intergovernmental relations, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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


jstallworth on DSKBBY8HB2PROD with RULES
47382 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

Dated: September 27, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

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 G—Colorado 

■ 2. Section 52.320 in paragraph (c) is 

amended as follows: 

■ a. By revising, under the centered 

heading ‘‘5 CCR 1001–05, Regulation 

Number 3, Part A, Concerning General 

Provisions Applicable to Reporting and 

Permitting’’ the table entries for ‘‘II.’’ 

and ‘‘Appendix A.’’ 

■ b. By revising, under the centered 

heading ‘‘5 CCR 1001–05, Regulation 

Number 3, Part B, Concerning 

Construction Permits’’ the table entry 

for ‘‘III.’’ 

■ c. By revising, under the centered 

heading ‘‘5 CCR 1001–5, Regulation 

Number 3, Part D, Concerning Major 

Stationary Source New Source Review 

and Prevention of Significant 

Deterioration’’ the table entries for ‘‘II.’’ 

and ‘‘VI.’’ 

The revisions read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

Title State 

effective date 

EPA 

effective date 

Final rule 

citation/date Comments 

*******

5 CCR 1001–5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting 

*******

II. Air Pollutant Emission Notice (APEN) 

Requirements.

10/15/2014 11/13/2017 [Insert Federal Register 

citation], 10/12/2017.

* * * * * * * 

Appendix A, Method for Determining 

De Minimis Levels For Non-Criteria 

Reportable Pollutants.

10/15/2014 11/13/2017 [Insert Federal Register 

citation], 10/12/2017.

* * * * * * * 

5 CCR 1001–5, Regulation Number 3, Part B, Concerning Construction Permits 

*******

III. Construction Permit Review Procedures.10/15/2014 11/13/2017 [Insert Federal Register 

citation], 10/12/2017.

* * * * * * * 

5 CCFR 1001–5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant 

Deterioration 

*******

II. Definitions .......................................... 10/15/2014 11/13/2017 [Insert Federal Register 

citation], 10/12/2017.

Except II.A.26.d., the phrase ‘‘and only 

PM2.5 emissions can be used to 

evaluate the net emissions increase 

for PM2.5’’ 

* * * * * * * 

VI. Requirements applicable to attainment and unclassifiable areas and 

pollutants implemented under Section 

110 of the Federal Act (Prevention of 

Significant Deterioration Program).

10/15/2014 11/13/2017 [Insert Federal Register 

citation], 10/12/2017.

Except for VI.A.1.c., the phrase ‘‘for 

phases that commence construction 

more than 18 months after the initial 

granting of the permit’’; VI.A.2., the 

phrase ‘‘either Section VI.A.2.a. or b., 

as clarified for any relevant air pollutant, in Section VI.B.3.a.(iii) in reference to PM2.5 monitoring exemption; and VI.B.3.d. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–21952 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47383 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0174; FRL–9969–24– 

Region 4] 

Air Plan Approval: Alabama; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a revision to the Alabama State 

Implementation plan (SIP) submitted by 

the State of Alabama on May 8, 2013, for 

the purpose of amending the 

transportation conformity rules to be 

consistent with Federal requirements. 

DATES: This rule is effective November 

13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0174. 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, i.e., Confidential Business 

Information 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 Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9222. 

Ms. Sheckler can also be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2013, the Alabama 

Department of Environmental 

Management submitted a SIP revision to 

EPA to make two changes to its 

transportation conformity requirements. 

First, the State changed its regulations at 

Alabama Administrative Code section 

335–3–17–.01, Transportation 

Conformity, to reflect the January 24, 

2008 (73 FR 4420) amendments to 40 

CFR part 93, subpart A, that address the 

2005 SAFETEA–LU. That change in 

Alabama’s regulation streamlines the 

State’s transportation conformity SIP to 

include only §§ 93.105, 93.122(a)(4)(ii) 

and 93.125(c), consistent with Federal 

requirements, and not the provisions of 

40 CFR part 93 in entirety. 

On March 14, 2012 (77 FR 14979), 

EPA finalized the rule entitled 

‘‘Transportation Conformity Rule 

Restructuring Amendments.’’ Through 

that final action, EPA restructured 

several sections of the transportation 

conformity rule so that they apply to 

any new or revised NAAQS. 

Specifically, EPA amended §§ 93.101, 

93.105, 93.109, 93.116, 93.118, 93.119, 

and 93.121 of the Transportation 

Conformity Rule. In its May 8, 2013, SIP 

revision, Alabama requests that EPA 

incorporates by reference subsequent 

Federal changes EPA promulgated in 

the Transportation Conformity Rule 

Restructuring Amendments. Although 

Alabama’s submission mentions that it 

is incorporating by reference provisions 

in EPA’s Transportation Conformity 

Rule Restructuring Amendments, the 

only relevant portion for incorporation 

by reference is the change that EPA 

made to § 93.105 because, in this same 

submission, Alabama changed the State 

regulations and transportation 

conformity requirements in its SIP to 

address only §§ 93.105, 93.122(a)(4)(ii) 

and 93.125(c), in accordance with EPA’s 

regulations. The changes EPA made to 

§ 93.105 were administrative in nature 

and involved updates to citations, 

revision of introductory paragraphs, and 

redesignating paragraphs. 

EPA has reviewed Alabama’s 

submittal to ensure consistency with the 

current Clean Air Act (CAA or Act), as 

amended by SAFETEA–LU, and EPA 

regulations governing state procedures 

for transportation and general 

conformity (40 CFR part 93, subparts A 

and B). The May 8, 2013, SIP revision, 

upon final approval by EPA, removes 

specific provisions of Alabama 

Administrative Code section 335–3–17– 

.01, ‘‘Transportation Conformity,’’ from 

the SIP that are no longer required in 

light of the SAFETEA–LU amendments. 

With the removal of these specific 

provisions of 335–3–17–.01 from the 

SIP, the federal rules in 40 CFR part 93, 

subpart A, will directly govern 

transportation conformity of federal 

actions in the State of Alabama. This 

revision complies with the requirements 

of CAA section 176(c)(4)(e) and 40 CFR 

51.390(b). 40 CFR part 93, subpart A, 

continues to subject certain Federal 

actions to transportation conformity 

requirements without the need for 

identical state rules and SIPs. Therefore, 

repealing the State rule will not impact 

continuity of the transportation 

conformity program in Alabama. 

In a direct final rule published on 

August 17, 2017 (82 FR 39035), EPA 

took a direct final action to approve the 

portions of the May 8, 2013, submittal 

that removes specific provisions of 

Alabama Administrative Code section 

335–3–17–.01, ‘‘Transportation 

Conformity,’’ from the SIP that are no 

longer required in light of the 

SAFETEA–LU amendments. In the 

direct final rulemaking, EPA established 

that the rule would become effective 60 

days after publication in the Federal 

Register and without further notice, 

unless EPA received adverse comment 

within 30 days of the publication. If 

EPA received such comments, it would 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. Comments on the 

rulemaking were due on or before 

September 18, 2017. 

EPA received one adverse comment 

on the direct final rulemaking, and as a 

result, elsewhere in this issue of the 

Federal Register, the EPA has taken a 

separate action to withdraw the direct 

final rule. Nevertheless, the rationale for 

EPA’s action still remains and the only 

addition in this final rulemaking is the 

response to the adverse comment 

received. The details of Alabama’s SIP 

revisions and the rationale for EPA’s 

action are further explained in the direct 

final rule published August 17, 2017 (82 

FR 39035). Below is a summary of the 

comment received and EPA’s response. 

II. Response to Comment 

Comment: The Commenter mentions 

that EPA should not allow Alabama to 

remove transportation conformity rules 

from the SIP and asserts that EPA has 

loosened the Federal transportation 

conformity requirements. The 

Commenter goes on to say that Alabama 

should incorporate by reference the 

entirety of 40 CFR part 93. 


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