83_FR_14824 83 FR 14757 - Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revisions to the Transportation Conformity Consultation Process

83 FR 14757 - Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revisions to the Transportation Conformity Consultation Process

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range14757-14759
FR Document2018-06846

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by Colorado on May 16, 2017. The May 16, 2017 SIP revision addresses minor changes and typographical corrections to the transportation conformity requirements of Colorado's Regulation Number 10 ``Criteria for Analysis of Conformity.'' These actions are being taken under section 110 of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 67 (Friday, April 6, 2018)
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14757-14759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06846]



[[Page 14757]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-0AR-2017-0753; FRL-9976-02--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Colorado; Revisions to the Transportation Conformity 
Consultation Process

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by Colorado on May 16, 2017. The May 16, 2017 SIP revision addresses 
minor changes and typographical corrections to the transportation 
conformity requirements of Colorado's Regulation Number 10 ``Criteria 
for Analysis of Conformity.'' These actions are being taken under 
section 110 of the Clean Air Act (CAA).

DATES: This rule is effective May 7, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0753. All documents in the docket are 
listed on the http://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 http://www.regulations.gov, or please 
contact the person identified in the For Further Information Contact 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6479, or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In this action, the EPA is approving minor revisions to Colorado's 
Regulation Number 10 which is entitled ``Criteria for Analysis of 
Conformity'' (hereafter, ``Regulation No. 10''). We note the factual 
background for this action and our evaluation of the State's May 16, 
2017 Regulation No. 10 SIP submittal are discussed in detail in our 
February 1, 2018 proposed rule (83 FR 4614); therefore, they will not 
be restated here.
    In summary, the purpose of Regulation No. 10 is to address the 
transportation conformity SIP requirements of section 176(c) of the CAA 
and 40 CFR 51.390(b). In addition, Regulation No. 10 also addresses the 
following transportation conformity SIP element requirements: 40 CFR 
93.105, which formalizes the consultation procedures; 40 CFR 
93.122(a)(4)(ii), which addresses written commitments to control 
measures that are not included in a Metropolitan Planning 
Organization's (MPOs) transportation plan and transportation 
improvement program that must be obtained prior to a conformity 
determination; and 40 CFR 93.125(c), which addresses written 
commitments to mitigation measures that must be obtained prior to a 
project-level conformity determination.\1\ We note the most recent 
prior SIP revisions to Regulation No. 10, that we approved, occurred on 
March 4, 2014 (79 FR 12079).
---------------------------------------------------------------------------

    \1\ A conformity SIP includes a state's specific criteria and 
procedures for certain aspects of the transportation conformity 
process consistent with the federal conformity rule. A conformity 
SIP does not contain motor vehicle emissions budgets, emissions 
inventories, air quality demonstrations, or control measures. See 
EPA's Guidance for Developing Transportation Conformity State 
Implementation Plans (SIPs) for further background: https://nepis.epa.gov/Exe/ZyPDF.cgi/P1002W5B.PDF?Dockey=P1002W5B.PDF.
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II. What was the State's process to submit a SIP revision to the EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision 
be adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state.
    For the May 16, 2017 revisions to Regulation No. 10, the Colorado 
Air Quality Control Commission (AQCC) held a public hearing for those 
revisions on February 18, 2016. There were no public comments. The AQCC 
adopted the revisions to Regulation No. 10 directly after the hearing. 
This SIP revision became State effective on March 30, 2016, and was 
submitted by Dr. Larry Wolk, Executive Director of the Colorado 
Department of Public Health and Environment (CDPHE), and on behalf of 
the Governor, to the EPA on May 16, 2017.
    We evaluated the State's May 16, 2017 submittal for Regulation No. 
10 and determined that the State met the requirements for reasonable 
notice and public hearing under section 110(a)(2) of the CAA. By 
operation of law under section 110(k)(1)(B) of the CAA, the State's May 
16, 2017 submittal was deemed complete by the EPA on November 25, 2017.

III. Response to Comments

    The EPA received one anonymous public comment on our February 1, 
2018 proposed rule (83 FR 4614). After reviewing the comment, the EPA 
has determined that the comment is outside the scope of our proposed 
rule and fails to identify any material issue necessitating a response. 
Accordingly, the EPA will not provide a specific response to the 
comment. We note that the public comment received on this rulemaking 
action is available for review by the public and may be viewed by 
following the instructions for access to docket materials as outlined 
in the ADDRESSES section of this preamble.

IV. Final Action

    For the reasons described in our February 1, 2018 proposed rule (83 
FR 4614), and under CAA section 110(k)(3), the EPA is approving the 
submitted revisions to Regulation No. 10, Section II, the definition of 
Routine Conformity Determination. In addition, we are also approving 
the typographic corrections to the Regulation No. 10 title, to Section 
II and to the Section III subsections III.A.2, III.A.3, III.B.1.a, 
III.C.1.b.(2), III.C.1.g and III.F.3.
    The EPA notes that revisions were also made to Colorado's 
Regulation No. 10, section VI ``Statements of Basis, Specific Statutory 
Authority, and Purpose''; however, the EPA is not taking any action on 
the revisions to this section. The revisions to section VI are only 
informational in nature for the State and do not require federal 
approval into the SIP.

V. Consideration of Section 110(1) of the Clean Air Act

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and Reasonable Further Progress 
toward attainment of the National Ambient Air Quality Standards 
(NAAQS), or any other applicable requirement of the CAA. The EPA has

[[Page 14758]]

determined that the portions of Regulation No. 10 that we are acting on 
are consistent with the applicable requirements of the CAA. 
Furthermore, these portions do not relax any previously approved SIP 
provision; thus, they do not otherwise interfere with attainment and 
maintenance of the NAAQS. In addition, section 110(l) of the CAA 
requires that each revision to an implementation plan submitted by a 
state shall be adopted by the state after reasonable notice and 
opportunity for public hearing. On February 18, 2016, the AQCC held a 
public hearing and the AQCC adopted the revisions to Regulation No. 10 
directly after the hearing. This SIP revision became state effective on 
March 30, 2016. Therefore, the CAA section 110(l) requirements are 
satisfied.

VI. 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 
revision to Regulation No. 10, Section II, the definition of Routine 
Conformity Determination effective March 30, 2016. In addition, we are 
also incorporating by reference the typographic corrections to the 
Regulation No. 10 title, to Section II and to the Section III 
subsections III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g and 
III.F.3 all effective March 30, 2016. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and 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 State implementation 
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 included in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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 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 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 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 June 5, 2018. 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: March 29, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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. Section 52.320(c) is amended:
0
a. By revising the centered heading for ``5 CCR 1001-12''; and
0
b. By revising, under the centered heading ``5 CCR 1001-12,'' the table 
entries for ``II. Definitions'' and ``III. Interagency Consultation.''
    The revisions read as follows:


Sec.  52.320  Identification of plan.

* * * * *

[[Page 14759]]

    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                     State       EPA effective   Final rule citation/
             Title              effective date       date                date                   Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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             5 CCR 1001-12, Regulation Number 10, Criteria for Analysis of Transportation Conformity
----------------------------------------------------------------------------------------------------------------
II. Definitions.................................................................................................
III. Interagency Consultation...................................................................................
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2018-06846 Filed 4-5-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations                                         14757

                                             ENVIRONMENTAL PROTECTION                                submittal are discussed in detail in our                We evaluated the State’s May 16, 2017
                                             AGENCY                                                  February 1, 2018 proposed rule (83 FR                 submittal for Regulation No. 10 and
                                                                                                     4614); therefore, they will not be                    determined that the State met the
                                             40 CFR Part 52                                          restated here.                                        requirements for reasonable notice and
                                             [EPA–R08–0AR–2017–0753; FRL–9976–02—                       In summary, the purpose of                         public hearing under section 110(a)(2)
                                             Region 8]                                               Regulation No. 10 is to address the                   of the CAA. By operation of law under
                                                                                                     transportation conformity SIP                         section 110(k)(1)(B) of the CAA, the
                                             Approval and Promulgation of Air                        requirements of section 176(c) of the                 State’s May 16, 2017 submittal was
                                             Quality Implementation Plans; State of                  CAA and 40 CFR 51.390(b). In addition,                deemed complete by the EPA on
                                             Colorado; Revisions to the                              Regulation No. 10 also addresses the                  November 25, 2017.
                                             Transportation Conformity                               following transportation conformity SIP
                                             Consultation Process                                    element requirements: 40 CFR 93.105,                  III. Response to Comments
                                                                                                     which formalizes the consultation
                                             AGENCY:  Environmental Protection                                                                               The EPA received one anonymous
                                                                                                     procedures; 40 CFR 93.122(a)(4)(ii),
                                             Agency (EPA).                                                                                                 public comment on our February 1,
                                                                                                     which addresses written commitments
                                             ACTION: Final rule.                                     to control measures that are not                      2018 proposed rule (83 FR 4614). After
                                                                                                     included in a Metropolitan Planning                   reviewing the comment, the EPA has
                                             SUMMARY:    The Environmental Protection                                                                      determined that the comment is outside
                                             Agency (EPA) is taking final action to                  Organization’s (MPOs) transportation
                                                                                                     plan and transportation improvement                   the scope of our proposed rule and fails
                                             approve a State Implementation Plan
                                                                                                     program that must be obtained prior to                to identify any material issue
                                             (SIP) revision submitted by Colorado on
                                             May 16, 2017. The May 16, 2017 SIP                      a conformity determination; and 40 CFR                necessitating a response. Accordingly,
                                             revision addresses minor changes and                    93.125(c), which addresses written                    the EPA will not provide a specific
                                             typographical corrections to the                        commitments to mitigation measures                    response to the comment. We note that
                                             transportation conformity requirements                  that must be obtained prior to a project-             the public comment received on this
                                             of Colorado’s Regulation Number 10                      level conformity determination.1 We                   rulemaking action is available for
                                             ‘‘Criteria for Analysis of Conformity.’’                note the most recent prior SIP revisions              review by the public and may be viewed
                                             These actions are being taken under                     to Regulation No. 10, that we approved,               by following the instructions for access
                                             section 110 of the Clean Air Act (CAA).                 occurred on March 4, 2014 (79 FR                      to docket materials as outlined in the
                                                                                                     12079).                                               ADDRESSES section of this preamble.
                                             DATES: This rule is effective May 7,
                                             2018.                                                   II. What was the State’s process to                   IV. Final Action
                                             ADDRESSES: The EPA has established a                    submit a SIP revision to the EPA?
                                             docket for this action under Docket ID                                                                           For the reasons described in our
                                                                                                       Section 110(k) of the CAA addresses
                                             Number EPA–R08–OAR–2017–0753. All                       our actions on submissions of revisions               February 1, 2018 proposed rule (83 FR
                                             documents in the docket are listed on                   to a SIP. The CAA requires states to                  4614), and under CAA section 110(k)(3),
                                             the http://www.regulations.gov website.                 observe certain procedural requirements               the EPA is approving the submitted
                                             Although listed in the index, some                      in developing SIP revisions for                       revisions to Regulation No. 10, Section
                                             information is not publicly available,                  submittal to the EPA. Section 110(a)(2)               II, the definition of Routine Conformity
                                             e.g., confidential business information                 of the CAA requires that each SIP                     Determination. In addition, we are also
                                             (CBI) or other information whose                        revision be adopted after reasonable                  approving the typographic corrections
                                             disclosure is restricted by statute.                    notice and public hearing. This must                  to the Regulation No. 10 title, to Section
                                             Certain other material, such as                         occur prior to the revision being                     II and to the Section III subsections
                                             copyrighted material, is not placed on                  submitted by a state.                                 III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2),
                                             the internet and will be publicly                         For the May 16, 2017 revisions to                   III.C.1.g and III.F.3.
                                             available only in hard copy form.                       Regulation No. 10, the Colorado Air                      The EPA notes that revisions were
                                             Publicly available docket materials are                 Quality Control Commission (AQCC)                     also made to Colorado’s Regulation No.
                                             available through http://                               held a public hearing for those revisions             10, section VI ‘‘Statements of Basis,
                                             www.regulations.gov, or please contact                  on February 18, 2016. There were no
                                             the person identified in the FOR FURTHER                                                                      Specific Statutory Authority, and
                                                                                                     public comments. The AQCC adopted                     Purpose’’; however, the EPA is not
                                             INFORMATION CONTACT section for                         the revisions to Regulation No. 10
                                             additional availability information.                                                                          taking any action on the revisions to this
                                                                                                     directly after the hearing. This SIP
                                                                                                                                                           section. The revisions to section VI are
                                             FOR FURTHER INFORMATION CONTACT: Tim                    revision became State effective on
                                                                                                                                                           only informational in nature for the
                                             Russ, Air Program, U.S. Environmental                   March 30, 2016, and was submitted by
                                                                                                     Dr. Larry Wolk, Executive Director of                 State and do not require federal
                                             Protection Agency, Region 8, Mailcode
                                                                                                     the Colorado Department of Public                     approval into the SIP.
                                             8P–AR, 1595 Wynkoop Street, Denver,
                                             Colorado 80202–1129, (303) 312–6479,                    Health and Environment (CDPHE), and                   V. Consideration of Section 110(1) of
                                             or russ.tim@epa.gov.                                    on behalf of the Governor, to the EPA                 the Clean Air Act
                                             SUPPLEMENTARY INFORMATION:                              on May 16, 2017.
                                                                                                                                                              Under section 110(l) of the CAA, the
                                             I. Background                                             1A   conformity SIP includes a state’s specific     EPA cannot approve a SIP revision if the
                                                In this action, the EPA is approving                 criteria and procedures for certain aspects of the    revision would interfere with any
                                                                                                     transportation conformity process consistent with
                                             minor revisions to Colorado’s                                                                                 applicable requirements concerning
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     the federal conformity rule. A conformity SIP does
                                             Regulation Number 10 which is entitled                  not contain motor vehicle emissions budgets,          attainment and Reasonable Further
                                             ‘‘Criteria for Analysis of Conformity’’                 emissions inventories, air quality demonstrations,    Progress toward attainment of the
                                             (hereafter, ‘‘Regulation No. 10’’). We                  or control measures. See EPA’s Guidance for           National Ambient Air Quality Standards
                                                                                                     Developing Transportation Conformity State
                                             note the factual background for this                    Implementation Plans (SIPs) for further               (NAAQS), or any other applicable
                                             action and our evaluation of the State’s                background: https://nepis.epa.gov/Exe/ZyPDF.cgi/      requirement of the CAA. The EPA has
                                             May 16, 2017 Regulation No. 10 SIP                      P1002W5B.PDF?Dockey=P1002W5B.PDF.



                                        VerDate Sep<11>2014   20:57 Apr 05, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\06APR1.SGM   06APR1


                                             14758                   Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

                                             determined that the portions of                           requirements and does not impose                      agency promulgating the rule must
                                             Regulation No. 10 that we are acting on                   additional requirements beyond those                  submit a rule report, which includes a
                                             are consistent with the applicable                        imposed by state law. For that reason,                copy of the rule, to each House of the
                                             requirements of the CAA. Furthermore,                     this action:                                          Congress and to the Comptroller General
                                             these portions do not relax any                              • Is not a significant regulatory action           of the United States. The EPA will
                                             previously approved SIP provision;                        subject to review by the Office of                    submit a report containing this action
                                             thus, they do not otherwise interfere                     Management and Budget under                           and other required information to the
                                             with attainment and maintenance of the                    Executive Orders 12866 (58 FR 51735,                  U.S. Senate, the U.S. House of
                                             NAAQS. In addition, section 110(l) of                     October 4, 1993) and 13563 (76 FR 3821,               Representatives, and the Comptroller
                                             the CAA requires that each revision to                    January 21, 2011);                                    General of the United States prior to
                                             an implementation plan submitted by a                        • Is not an Executive Order 13771 (82              publication of the rule in the Federal
                                             state shall be adopted by the state after                 FR 9339, February 2, 2017) regulatory                 Register. A major rule cannot take effect
                                             reasonable notice and opportunity for                     action because SIP approvals are                      until 60 days after it is published in the
                                             public hearing. On February 18, 2016,                     exempted under Executive Order 12866;                 Federal Register. This action is not a
                                             the AQCC held a public hearing and the                       • Does not impose an information                   ‘‘major rule’’ as defined by 5 U.S.C.
                                             AQCC adopted the revisions to                             collection burden under the provisions                804(2).
                                             Regulation No. 10 directly after the                      of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the Clean
                                             hearing. This SIP revision became state                   U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                             effective on March 30, 2016. Therefore,                      • Is certified as not having a                     this action must be filed in the United
                                             the CAA section 110(l) requirements are                   significant economic impact on a                      States Court of Appeals for the
                                             satisfied.                                                substantial number of small entities                  appropriate circuit by June 5, 2018.
                                                                                                       under the Regulatory Flexibility Act (5               Filing a petition for reconsideration by
                                             VI. Incorporation by Reference                            U.S.C. 601 et seq.);                                  the Administrator of this final rule does
                                                In this rule, the EPA is finalizing                       • Does not contain any unfunded                    not affect the finality of this action for
                                             regulatory text that includes                             mandate or significantly or uniquely                  the purposes of judicial review nor does
                                             incorporation by reference. In                            affect small governments, as described                it extend the time within which a
                                             accordance with requirements of 1 CFR                     in the Unfunded Mandates Reform Act                   petition for judicial review may be filed,
                                             51.5, the EPA is finalizing the                           of 1995 (Pub. L. 104–4);                              and shall not postpone the effectiveness
                                             incorporation by reference of the                            • Does not have federalism                         of such rule or action. This action may
                                             revision to Regulation No. 10, Section II,                implications as specified in Executive                not be challenged later in proceedings to
                                             the definition of Routine Conformity                      Order 13132 (64 FR 43255, August 10,                  enforce its requirements. (See section
                                             Determination effective March 30, 2016.                   1999);                                                307(b)(2).)
                                             In addition, we are also incorporating by                    • Is not an economically significant
                                             reference the typographic corrections to                  regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                             the Regulation No. 10 title, to Section II                safety risks subject to Executive Order                 Environmental protection, Air
                                             and to the Section III subsections III.A.2,               13045 (62 FR 19885, April 23, 1997);                  pollution control, Carbon monoxide,
                                             III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g                 • Is not a significant regulatory action           Incorporation by reference,
                                             and III.F.3 all effective March 30, 2016.                 subject to Executive Order 13211 (66 FR               Intergovernmental relations, Nitrogen
                                             The EPA has made, and will continue                       28355, May 22, 2001);                                 dioxide, Ozone, Particulate matter,
                                             to make, these materials generally                           • Is not subject to requirements of                Reporting and recordkeeping
                                             available through www.regulations.gov                     Section 12(d) of the National                         requirements, Volatile organic
                                             and at the EPA Region 8 Office (please                    Technology Transfer and Advancement                   compounds.
                                             contact the person identified in the FOR                  Act of 1995 (15 U.S.C. 272 note) because                  Authority: 42 U.S.C. 7401 et seq.
                                             FURTHER INFORMATION CONTACT section of                    application of those requirements would
                                                                                                                                                               Dated: March 29, 2018.
                                             this preamble for more information).                      be inconsistent with the Clean Air Act;
                                                                                                       and                                                   Douglas H. Benevento,
                                             Therefore, these materials have been
                                             approved by the EPA for inclusion in                         • Does not provide the EPA with the                Regional Administrator, Region 8.
                                             the State implementation plan, are fully                  discretionary authority to address, as                    40 CFR part 52 is amended as follows:
                                             federally enforceable under sections 110                  appropriate, disproportionate human
                                             and 113 of the CAA as of the effective                    health or environmental effects, using                PART 52—APPROVAL AND
                                             date of the final rulemaking of the EPA’s                 practicable and legally permissible                   PROMULGATION OF
                                             approval, and will be included in the                     methods, under Executive Order 12898                  IMPLEMENTATION PLANS
                                             next update to the SIP compilation.2                      (59 FR 7629, February 16, 1994).
                                                                                                          In addition, the SIP is not approved               ■ 1. The authority citation for part 52
                                             VII. Statutory and Executive Order                        to apply on any Indian reservation land               continues to read as follows:
                                             Reviews                                                   or in any other area where EPA or an                      Authority: 42 U.S.C. 7401 et seq.
                                               Under the Clean Air Act, the                            Indian tribe has demonstrated that a
                                             Administrator is required to approve a                    tribe has jurisdiction. In those areas of             Subpart G—Colorado
                                             SIP submission that complies with the                     Indian country, the rule does not have                ■  2. Section 52.320(c) is amended:
                                             provisions of the Act and applicable                      tribal implications and will not impose               ■  a. By revising the centered heading for
                                             federal regulations. 42 U.S.C. 7410(k);                   substantial direct costs on tribal                    ‘‘5 CCR 1001–12’’; and
                                             40 CFR 52.02(a). Thus, in reviewing SIP                   governments or preempt tribal law as                  ■ b. By revising, under the centered
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                                             submissions, the EPA’s role is to                         specified by Executive Order 13175 (65                heading ‘‘5 CCR 1001–12,’’ the table
                                             approve state choices provided that they                  FR 67249, November 9, 2000).                          entries for ‘‘II. Definitions’’ and ‘‘III.
                                             meet the criteria of the CAA.                                The Congressional Review Act, 5                    Interagency Consultation.’’
                                             Accordingly, this action merely                           U.S.C. 801 et seq., as added by the Small                The revisions read as follows:
                                             approves state law as meeting federal                     Business Regulatory Enforcement
                                                                                                       Fairness Act of 1996, generally provides              § 52.320     Identification of plan.
                                               2 62   FR 27968 (May 22, 1997).                         that before a rule may take effect, the               *        *     *     *      *


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                                                                          Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations                                                        14759

                                                 (c) * * *

                                                                                                                     State               EPA
                                                                         Title                                      effective          effective                       Final rule citation/date            Comments
                                                                                                                      date               date


                                                          *                              *                            *                          *                       *                        *             *

                                                                                 5 CCR 1001–12, Regulation Number 10, Criteria for Analysis of Transportation Conformity


                                                         *                             *                              *                      *                          *                      *                *
                                             II. Definitions ...............................................         3/30/2016            5/7/2018         [Insert Federal Register citation], 4/6/2018.
                                             III. Interagency Consultation .......................                   3/30/2016            5/7/2018         [Insert Federal Register citation], 4/6/2018.

                                                          *                              *                            *                          *                       *                        *             *



                                             *        *        *        *        *                                  area(s). In addition, EPA is obligated to                  (919) 541–5383; or by email at
                                             [FR Doc. 2018–06846 Filed 4–5–18; 8:45 am]                             promulgate a federal implementation                        lessard.patrick@epa.gov.
                                             BILLING CODE 6560–50–P                                                 plan (FIP) to address any outstanding                      SUPPLEMENTARY INFORMATION:
                                                                                                                    SIP requirements, if a state does not
                                                                                                                    submit, and EPA does not approve, a                        I. General Information
                                             ENVIRONMENTAL PROTECTION                                               state’s submission within 24 months of                     A. Notice and Comment Under the
                                             AGENCY                                                                 the effective date of these findings.                      Administrative Procedure Act (APA)
                                             40 CFR Part 52                                                         DATES: The effective date of this action                      Section 553 of the APA, 5 U.S.C.
                                                                                                                    is May 7, 2018.                                            553(b)(e)(B), provides that, when an
                                             [EPA–HQ–OAR–2018–0135; FRL–9976–35–                                                                                               agency for good cause finds that notice
                                             OAR]                                                                   ADDRESSES:   EPA has established a
                                                                                                                    docket for this action under Docket ID                     and public procedures are
                                             Findings of Failure To Submit State                                    No. EPA–HQ–OAR–2018–0135. All                              impracticable, unnecessary or contrary
                                             Implementation Plan Submissions for                                    documents in the docket are listed and                     to the public interest, the agency may
                                             the 2012 Fine Particulate Matter                                       publicly available at http://                              issue a rule without providing notice
                                             National Ambient Air Quality                                           www.regulations.gov. Although listed in                    and an opportunity for public comment.
                                             Standards (NAAQS)                                                      the index, some information is not                         EPA has determined that there is good
                                                                                                                    publicly available, i.e., Confidential                     cause for making this final agency
                                             AGENCY:  Environmental Protection                                      Business Information or other                              action without prior proposal and
                                             Agency (EPA).                                                          information whose disclosure is                            opportunity for comment because no
                                             ACTION: Final rule.                                                    restricted by statute. Certain other                       significant EPA judgment is involved in
                                                                                                                    material, such as copyrighted material,                    making findings of failure to submit
                                             SUMMARY:   The U.S. Environmental                                      is not placed on the internet and will be                  SIPs, or elements of SIPs. Rather, the
                                             Protection Agency (EPA) is taking final                                publicly available only in hard copy                       findings are required by the CAA where
                                             action to find that three states have                                  form. Publicly available docket                            states have made no submissions to
                                             failed to submit timely revisions to their                             materials are available either                             meet the SIP requirements, or where
                                             state implementation plans (SIPs) as                                   electronically at http://                                  EPA has separately determined that they
                                             required to satisfy certain requirements                               www.regulations.gov or in hard copy at                     made incomplete submissions. Thus,
                                             under the Clean Air Act (CAA) for                                      the EPA Docket Center (EPA/DC), EPA                        notice and public comment procedures
                                             implementation of the annual 2012 Fine                                 WJC West Building, Room 3334, 1301                         are unnecessary. EPA finds that this
                                             Particulate Matter National Ambient Air                                Constitution Avenue NW, Washington,                        constitutes good cause under 5 U.S.C.
                                             Quality Standards (2012 PM2.5 NAAQS).                                  DC. The Public Reading Room is open                        553(b)(3)(B).
                                             These findings of failure to submit                                    from 8:30 a.m. to 4:30 p.m., Monday                        B. How can I get copies of this document
                                             apply to states with overdue SIP                                       through Friday, excluding legal                            and other related information?
                                             revisions (or attainment plans) for                                    holidays. The telephone number for the
                                             certain areas initially designated as                                  Public Reading Room is (202) 566–1744,                        In addition to being available in the
                                             nonattainment and classified as                                        and the telephone number for the Office                    docket, an electronic copy of this action
                                             Moderate for the 2012 PM2.5 NAAQS on                                   of Air and Radiation Docket and                            will be posted at https://www.epa.gov/
                                             April 15, 2015. The SIP revisions to                                   Information Center is (202) 566–1742.                      pm-pollution/implementation-national-
                                             address all applicable Moderate area                                                                                              ambient-air-quality-standards-naaqs-
                                             attainment plan requirements for these                                 FOR FURTHER INFORMATION CONTACT:   Mr.                     fine-particulate-matter.
                                             areas were due on October 15, 2016. If                                 Patrick Lessard, U.S. Environmental
                                                                                                                                                                               C. Where do I go if I have a specific state
                                             a state does not make the required                                     Protection Agency, Office of Air Quality
                                                                                                                                                                               question?
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                                             complete SIP submission within 18                                      Planning and Standards, Air Quality
                                             months of the effective date of these                                  Policy Division, Mail Code: C539–01,                         For questions related to specific states
                                             findings, the CAA requires the                                         109 T.W. Alexander Drive, Research                         mentioned in this notice, please contact
                                             imposition of sanctions for the affected                               Triangle Park, NC 27711; by telephone                      the appropriate EPA Regional office:




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Document Created: 2018-11-01 09:15:55
Document Modified: 2018-11-01 09:15:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 7, 2018.
ContactTim Russ, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected]
FR Citation83 FR 14757 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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