82 FR 39030 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2010 SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 158 (August 17, 2017)
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39030-39031 | |
| FR Document | 2017-17232 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Rules and Regulations] [Pages 39030-39031] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17232] [[Page 39030]] ----------------------------------------------------------------------- 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, [email protected]. 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 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 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 52.353, add paragraph (d) to read as follows: Sec. 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 SO 2 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
![39030 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION information is not publicly available, SIP must contain or satisfy. The
AGENCY e.g., CBI or other information whose elements that are the subject of this
disclosure is restricted by statute. action are described in detail in our
40 CFR Part 52 Certain other material, such as notice of proposed rulemaking
[EPA–R08–OAR–2013–0557, FRL–9966–06– copyrighted material, is not placed on published on June 6, 2017 (82 FR
Region 8] the Internet and will be publicly 25999).
available only in hard copy form. In our proposed rule, the EPA
Promulgation of State Implementation Publicly available docket materials are proposed to approve some infrastructure
Plan Revisions; Infrastructure available either electronically through elements and to take no action on others
Requirements for the 2010 SO2 and http://www.regulations.gov or in hard for the 2010 SO2 and 2012 PM2.5
2012 PM2.5 National Ambient Air copy at the Air Program, Environmental NAAQS from the State’s July 10, 2013
Quality Standards; Colorado Protection Agency (EPA), Region 8, and December 1, 2015 certifications,1
1595 Wynkoop Street, Denver, Colorado respectively. In this rulemaking, we are
AGENCY: Environmental Protection
Agency (EPA). 80202–1129. The EPA requests that if at taking final action to approve those
all possible, you contact the individual infrastructure elements from the State’s
ACTION: Final rule.
listed in the FOR FURTHER INFORMATION certifications for which we proposed
SUMMARY: The Environmental Protection CONTACT section to view the hard copy approval.
Agency (EPA) is approving elements of of the docket. You may view the hard
copy of the docket Monday through II. Response to Comments
State Implementation Plan (SIP)
revisions from the State of Colorado to Friday, 8:00 a.m. to 4:00 p.m., excluding No comments were received on our
demonstrate the State meets federal holidays. June 6, 2017 notice of proposed
infrastructure requirements of the Clean FOR FURTHER INFORMATION CONTACT: rulemaking.
Air Act (CAA) for the National Ambient Abby Fulton, Air Program, U.S.
Air Quality Standards (NAAQS) III. Final Action
Environmental Protection Agency
promulgated for sulfur dioxide (SO2) on (EPA), Region 8, Mail Code 8P–AR, For reasons expressed in the proposed
June 2, 2010 and fine particulate matter 1595 Wynkoop Street, Denver, Colorado rule, the EPA is taking final action to
(PM2.5) on December 14, 2012. 80202–1129, (303) 312–6563, approve infrastructure elements from
DATES: This rule is effective on fulton.abby@epa.gov. the State’s certifications as shown in
September 18, 2017. SUPPLEMENTARY INFORMATION: Table 1. Elements we are taking no
ADDRESSES: The EPA has established a action on are reflected in Table 2.
docket for this action under Docket ID I. Background A comprehensive summary of
No. EPA–R08–OAR–2013–0557. All Infrastructure requirements for SIPs infrastructure elements and new rules
documents in the docket are listed on are set forth in section 110(a)(1) and (2) being approved into the Colorado SIP
the http://www.regulations.gov Web of the CAA. Section 110(a)(2) lists the through this final rule action are
site. Although listed in the index, some specific infrastructure elements that a 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 Act. Accordingly, this action merely • Does not impose an information
Review approves state law as meeting federal collection burden under the provisions
requirements and does not impose of the Paperwork Reduction Act (44
Under the Clean Air Act, the additional requirements beyond those U.S.C. 3501 et seq.);
Administrator is required to approve a imposed by state law. For that reason, • Is certified as not having a
SIP submission that complies with the this action: significant economic impact on a
provisions of the Act and applicable • Is not a significant regulatory action substantial number of small entities
federal regulations. 42 U.S.C. 7410(k); subject to review by the Office of under the Regulatory Flexibility Act (5
40 CFR 52.02(a). Thus, in reviewing SIP Management and Budget under U.S.C. 601 et seq.);
• Does not contain any unfunded
sradovich on DSK3GMQ082PROD with RULES
submissions, the EPA’s role is to Executive Orders 12866 (58 FR 51735,
approve state choices, provided that October 4, 1993) and 13563 (76 FR 3821, mandate or significantly or uniquely
they meet the criteria of the Clean Air January 21, 2011); affect small governments, as described
1 ‘‘Where an air agency determines that the light of the promulgation of a new or revised Elements under Clean Air Act Sections 110(a)(1)
provisions in or referred to by its existing EPA NAAQS, the air agency may make a SIP submission and (2),’’ September 13, 2013, at 7.
approved SIP are adequate with respect to a given in the form of a certification.’’ EPA’s ‘‘Guidance on
infrastructure SIP element (or subelement) even in Infrastructure State Implementation Plan (SIP)
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![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39031
in the Unfunded Mandates Reform Act petition for judicial review may be filed, ENVIRONMENTAL PROTECTION
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness AGENCY
• Does not have federalism of such rule or action. This action may
implications as specified in Executive not be challenged later in proceedings to 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA [EPA–R03–OAR–2017–0382; FRL–9966–31–
1999); Section 307(b)(2)). Region 3]
• Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 Approval and Promulgation of Air
safety risks subject to Executive Order Quality Implementation Plans; Virginia;
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
Revisions To Implement the
• Is not a significant regulatory action pollution control, Carbon monoxide, Revocation of the 1997 Ozone NAAQS
subject to Executive Order 13211 (66 FR Incorporation by reference,
28355, May 22, 2001); Intergovernmental relations, AGENCY: Environmental Protection
• Is not subject to requirements of Greenhouse gases, Lead, Nitrogen Agency (EPA).
section 12(d) of the National dioxide, Ozone, Particulate matter, ACTION: Direct final rule.
Technology Transfer and Advancement Reporting and recordkeeping
Act of 1995 (15 U.S.C. 272 note) because SUMMARY: The Environmental Protection
requirements, Sulfur oxides, Volatile Agency (EPA) is taking direct final
application of those requirements would organic compounds.
be inconsistent with the Clean Air Act; action to approve revisions to the
and Authority: 42 U.S.C. 7401 et seq. Commonwealth of Virginia state
• Does not provide the EPA with the Dated: July 28, 2017.
implementation plan (SIP). The
discretionary authority to address, as revisions pertain to amendments made
Debra H. Thomas, to the Virginia Administrative Code.
appropriate, disproportionate human
Acting Regional Administrator, Region 8. These amendments updated the State
health or environmental effects, using
practicable and legally permissible 40 CFR part 52 is amended to read as Air Pollution Control Board’s
methods, under Executive Order 12898 Regulations for the Control and
follows:
(59 FR 7629, February 16, 1994). Abatement of Air Pollution to be
In addition, the SIP is not approved PART 52—APPROVAL AND consistent with EPA’s final rule
to apply on any Indian reservation land PROMULGATION OF implementing the 2008 ozone national
or in any other area where the EPA or ambient air quality standards (NAAQS)
IMPLEMENTATION PLANS
an Indian tribe has demonstrated that a and revoking the 1997 ozone NAAQS.
tribe has jurisdiction. In those areas of See 80 FR 12264 (March 6, 2015). The
■ 1. The authority citation for part 52 amendments revised a regulation listing
Indian country, the rule does not have continues to read as follows:
tribal implications and will not impose nonattainment areas under the 1997
substantial direct costs on tribal Authority: 42 U.S.C. 7401 et seq. ozone NAAQS and a regulation
governments or preempt tribal law as regarding the 1997 ozone standard to
specified by Executive Order 13175 (65 Subpart G—Colorado reflect the revocation of the 1997 ozone
FR 67249, November 9, 2000). NAAQS, which was effective April 6,
The Congressional Review Act, 5 ■ 2. In 52.353, add paragraph (d) to read 2015. The amendments also added
U.S.C. 801 et seq., as added by the Small as follows: clarifying text to two transportation and
Business Regulatory Enforcement general conformity regulations in order
§ 52.353 Section 110(a)(2) infrastructure to reflect the revocation of the 1997
Fairness Act of 1996, generally provides
requirements. ozone NAAQS. EPA is approving these
that before a rule may take effect, the
agency promulgating the rule must * * * * * revisions updating the Virginia
submit a rule report, which includes a (d) The Colorado Department of Administrative Code to reflect the
copy of the rule, to each House of the Public Health and Environment revocation of the 1997 ozone NAAQS in
Congress and to the Comptroller General accordance with the requirements of the
provided submissions to meet
of the United States. The EPA will Clean Air Act (CAA).
infrastructure requirements for the State
submit a report containing this action DATES: This rule is effective on October
of Colorado for the 2010 SO2 and 2012
and other required information to the 16, 2017 without further notice, unless
PM2.5 NAAQS were received on July 10,
U.S. Senate, the U.S. House of EPA receives adverse written comment
2013 and December 1, 2015,
Representatives, and the Comptroller by September 18, 2017. If EPA receives
respectively. The State’s Infrastructure such comments, it will publish a timely
General of the United States prior to SIP for the 2010 SO2 and 2012 PM2.5
publication of the rule in the Federal withdrawal of the direct final rule in the
NAAQS is approved with respect to Federal Register and inform the public
Register. A major rule cannot take effect
section (110)(a)(1) and the following that the rule will not take effect.
until 60 days after it is published in the
elements of section (110)(a)(2): (A), (B), ADDRESSES: Submit your comments,
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C. (C) with respect to minor NSR and PSD identified by Docket ID No. EPA–R03–
804(2). requirements, (D)(i)(II), (D)(ii), (E), (F), OAR–2017–0382 at https://
Under Section 307(b)(1) of the Clean (G), (H), (J), (K), (L), and (M). www.regulations.gov, or via email to
Air Act, petitions for judicial review of [FR Doc. 2017–17232 Filed 8–16–17; 8:45 am] stahl.cynthia@epa.gov. For comments
this action must be filed in the United BILLING CODE 6560–50–P submitted at Regulations.gov, follow the
sradovich on DSK3GMQ082PROD with RULES
States Court of Appeals for the online instructions for submitting
appropriate circuit by October 16, 2017. comments. Once submitted, comments
Filing a petition for reconsideration by cannot be edited or removed from
the Administrator of this final rule does Regulations.gov. For either manner of
not affect the finality of this action for submission, EPA may publish any
the purposes of judicial review nor does comment received to its public docket.
it extend the time within which a Do not submit electronically any
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Document Created: 2017-08-17 01:42:40
Document Modified: 2017-08-17 01:42:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on September 18, 2017. | |
| 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, [email protected] | |
| FR Citation | 82 FR 39030 | |
| CFR Associated | 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 and Volatile Organic Compounds |
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