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<title>Federal Register, Volume 91 Issue 1 (Friday, January 2, 2026)</title>
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[Federal Register Volume 91, Number 1 (Friday, January 2, 2026)]
[Rules and Regulations]
[Pages 41-43]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2024-0550; FRL-13050-02-R8]
Air Plan Approval; Colorado; Revisions to Colorado Procedural
Rules and Common Provisions Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Colorado State Implementation
Plan (SIP) that were submitted by the Colorado Department of Public
Health and Environment (CDPHE) on May 20, 2022. CDPHE requested EPA
approval of revisions to the Colorado's Procedural Rules and Common
Provisions Regulation. The revised rules include non-substantive
updates to rule language that are administrative in nature and were
intended to provide for general cleanup and improved readability. The
EPA is approving these SIP revisions because it has determined that
they are in accordance with the requirements for SIP provisions under
the Clean Air Act (CAA).
DATES: This direct final rule is effective on March 3, 2026, without
further notice, unless the EPA receives adverse comment by February 2,
2026. If adverse comments are received, the EPA will publish a timely
withdrawal of the direct final rule, or the relevant provisions of the
rule, in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0550, to the Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2024-0550. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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 through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Liz Ulrich, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (406) 457-5008, email address:
<a href="/cdn-cgi/l/email-protection#1b6e7769727873357e7772617a797e6f735b7e6b7a357c746d"><span class="__cf_email__" data-cfemail="f0859c82999398de959c998a9192958498b0958091de979f86">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On May 20, 2022, the State of Colorado, through the CDPHE,
submitted two rule revisions for inclusion into the Colorado SIP.\1\
These revisions were adopted in 2021 by the Colorado Air Quality
Control Commission (AQCC). The AQCC is appointed by the governor of
Colorado and authorized by the Colorado General Assembly to oversee
Colorado's air quality program in accordance with the Colorado Air
Pollution Prevention and Control Act.
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\1\ The first SIP Submittal, ``Colorado Common Provisions,
Clerical Change in Section XI.A.'' The cover letter is dated May 16,
2022, but the SIP was submitted to EPA on May 20, 2022. This
submittal was deemed complete by operation of law on November 20,
2022.
The second SIP Submittal, ``CO_Common Provisions_10212021.'' The
letter is dated May 16, 2022, but the SIP was submitted to the EPA
on May 20, 2022. This SIP Submittal was deemed complete by operation
of law on November 20, 2022.
Both SIP submissions are available in the docket for this
action.
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The first rule revision involves minor administrative changes to
one provision in the Procedural Rules, which are codified in the Code
of Colorado Regulations (CCR) at 5 CCR 1001-1. Colorado's Procedural
Rules govern all procedures and hearings before the AQCC and certain
procedures and hearings before the Air Pollution Control Division
within CDPHE. The revisions submitted to the EPA involve section XI.,
which specifies certain requirements regarding the composition of the
AQCC and disclosure by its members of potential conflicts of interest.
CAA section 128(a)(1) mandates that ``any board or body which approves
permits or enforcement
[[Page 42]]
orders under this chapter shall have at least a majority of members who
represent the public interest and do not derive any significant portion
of their income from persons subject to permits or enforcement orders
under this chapter.'' 42 U.S.C. 7428(a)(1). The State's revision to
section XI. makes a grammatical change (specifically, changing
``persons'' to ``person's''). In addition, the State's SIP submission
reflects a revised numbering format, from Arabic numerals (as found in
the current SIP \2\) to Roman numerals.
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\2\ See 40 CFR 52.320, table c.
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The second rule revision involves minor administrative changes to
one provision in the Common Provisions Regulation, which is codified at
5 CCR 1001-2. Section I. of the Common Provisions Regulation
establishes definitions, a statement of intent, and general provisions
applicable to all emission control regulations adopted by the AQCC.\3\
The revisions submitted to the EPA involve section I.A., which concerns
materials incorporated by reference and are clerical or administrative
in nature. The first change replaces the word ``section'' with the
section symbol (i.e., ``Sec. ''), and the second provides updated
information on how copies of materials incorporated by reference may be
obtained.\4\
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\3\ 5 CCR 1001-2, section I.A.
\4\ Specifically, the statement ``Materials incorporated by
reference may also be available through the United States Government
Printing Office, online at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>.'' replaces ``or
may be examined at the State Publications Depository and
Distribution Center.''
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The SIP submission also contains information related to the State's
revision of certain ``state-only'' provisions throughout the Procedural
Rules and the Common Provisions Regulation. However, the EPA is acting
only on the revisions the State submitted for incorporation into the
Colorado SIP: revisions to section XI. of 5 CCR 1001-1 and section I.A.
of 5 CCR 1001-2.
II. What action is EPA taking?
The EPA is approving minor administrative revisions to Colorado's
SIP, which the State presented in two separate submittals, related to
procedures governing AQCC rulemaking and the availability of materials
incorporated by reference. The revisions update the Procedural Rules
codified at 5 CCR 1001-1 and the Common Provisions Regulation codified
at 5 CCR 1001-2, which the EPA had previously approved and incorporated
into the Colorado SIP.
The EPA is approving the revisions to the Procedural Rules and
Common Provisions Regulation in the Colorado SIP because they do not
interfere with applicable requirements of the CAA and are approvable
under CAA section 110(l).\5\
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\5\ 42 U.S.C. 7410(l).
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We are publishing this action without prior proposal because we
view these SIP revisions as noncontroversial and anticipate no relevant
adverse comments. The revisions are administrative in nature and do not
constitute substantive changes to Colorado's SIP. However, in the
``Proposed Rules'' section of this Federal Register publication, we are
publishing a separate action that will serve as the proposed rule to
approve the revisions to Colorado's SIP submitted by the CDPHE on May
20, 2022. If adverse comments are received on this direct final rule,
we will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule, or the relevant provisions of this rule, will not
take effect. We will address all public comments in any subsequent
final rule based on the proposed rule. If we receive adverse comment on
a distinct provision of this rulemaking, we will publish a timely
withdrawal in the Federal Register indicating which provisions we are
withdrawing. The provisions that are not withdrawn will become
effective on the date set out above, notwithstanding adverse comment on
any other provision.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference (IBR). In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the IBR of CCR
described in the amendments set forth to 40 CFR part 52, below. The EPA
has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 SIP, have been IBR'd 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 IBR'd in the next update to the SIP compilation.\6\
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\6\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
<bullet> 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
[[Page 43]]
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
<bullet> Is subject to the Congressional Review Act (CRA), and the
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 3, 2026. 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: December 16, 2025.
Cyrus M. Western,
Regional Administrator, Region 8.
For the reasons stated in the preamble, the Environmental
Protection Agency is amending 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
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2. In Sec. 52.320, the table in paragraph (c) is amended by:
0
a. Under the heading ``5 CCR 1001-01, Procedural Rules'' revising the
entry ``State Implementation Plan''; and
0
b. Under the heading ``5 CCR 1001-02, Common Provisions Regulation''
revising the entry ``I. Definitions, Statement of Intent, and General
Provisions Applicable to all Emission Control Regulations adopted by
the Colorado Air Quality Control Commission''.
The revisions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
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State EPA
Title effective effective Final rule citation/ Comments
date date date
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5 CCR 1001-01, Procedural Rules
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State Implementation Plan........... 9/14/2021 2/2/2026 90 FR [insert Federal Includes revised
Register page where numbering format and
the document begins], grammatical change.
1/2/2026.
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5 CCR 1001-02, Common Provisions Regulation
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I. Definitions, Statement of Intent, 12/15/2021 2/2/2026 90 FR [insert Federal Revisions were made to
and General Provisions Applicable Register page where I.A., replaces the
to all Emission Control Regulations the document begins], word ``section'' with
adopted by the Colorado Air Quality 1/2/2026. ``Sec. '', and
Control Commission. updates how copies of
materials incorporated
by reference may be
obtained. Except I.G.
Definitions,
``Construction'' and
``Day''
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[FR Doc. 2025-24141 Filed 12-31-25; 8:45 am]
BILLING CODE 6560-50-P
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Air Plan Approval; Colorado; Revisions to Colorado Procedural Rules and Common Provisions Regulation
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Colorado State Implementation Plan (SIP) that were submitted by the Colorado ...
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