Rule2024-30695
Air Plan Approval; Revisions to Colorado Common Provisions Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2024
Effective
January 27, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Common Provisions Regulation of the Colorado State Implementation Plan (SIP). These revisions were submitted by the State of Colorado in response to the EPA's June 12, 2015, Findings of Substantial Inadequacy and "SIP calls" for certain provisions in the SIP related to affirmative defenses applicable to excess emissions during startup, shutdown, and malfunction (SSM) events. The EPA is approving these SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105461-105463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30695]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2024-0207; FRL-12341-02-R8]
Air Plan Approval; Revisions to Colorado Common Provisions
Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Common Provisions Regulation of the Colorado State
Implementation Plan (SIP). These revisions were submitted by the State
of Colorado in response to the EPA's June 12, 2015, Findings of
Substantial Inadequacy and ``SIP calls'' for certain provisions in the
SIP related to affirmative defenses applicable to excess emissions
during startup, shutdown, and malfunction (SSM) events. The EPA is
approving these SIP revisions because the Agency has determined that
they are in accordance with the requirements for SIP provisions under
the Clean Air Act (CAA or the Act).
DATES: This rule is effective on January 27, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2024-0207. 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.,
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 <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: Adam Clark, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-AQ, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number: (303) 312-7104, email address:
<a href="/cdn-cgi/l/email-protection#75161914071e5b14111418351005145b121a03"><span class="__cf_email__" data-cfemail="7d1e111c0f16531c191c103d180d1c531a120b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for this action is discussed in detail in our
October 30, 2024 proposal (89 FR 86305). In that document we proposed
to approve revisions to the Common Provisions Regulation portion of
Colorado's SIP. We did not receive comments on this proposal.
II. Final Action
The EPA is approving the portion of Colorado's June 26, 2023, SIP
submission revising the Colorado SIP by removing Common Provisions
Regulation sections II.E. and II.J. from the SIP by making them State-
only. We are approving the SIP revisions because we have determined
that they are consistent with the requirements for SIP provisions under
the CAA. The EPA is further determining that finalizing such SIP
revisions would correct the deficiencies identified in the EPA's June
12, 2015 Findings of Substantial Inadequacy and SIP Calls.\1\
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\1\ ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015).
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III. Incorporation by Reference
In this action, we are including in a final rule regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5 the EPA is incorporating by reference the
revisions that would designate them as State-only, and thus remove from
``5 CCR 1001-02, Common Provisions Regulation'' of the Colorado SIP,
sections II.E., ``Affirmative Defense Provision for Excess Emissions
During Malfunctions,'' and II.J., ``Affirmative Defense Provision for
Excess Emissions During Startup and Shutdown.'' The EPA has made, and
will continue to make, these documents generally available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and in hard copy at
the EPA Region 8 office.
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 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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions
[[Page 105462]]
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, as 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; and
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Colorado did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this final action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving EJ for people of color, low-income
populations, and Indigenous peoples.
The Congressional Review Act (CRA), 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 February 25, 2025. 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: December 17, 2024.
KC Becker,
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
0
2. In Sec. 52.320, the table in paragraph (c) is amended by revising
the entry ``II. General'' to read as follows:
Sec. 52.320 Identification of plan.
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(c) * * *
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State EPA effective Final rule
Title effective date date citation/date Comments
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* * * * * * *
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5 CCR 1001-02, Common Provisions Regulation
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[[Page 105463]]
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II. General.................. 2/14/2023 1/27/2025 [insert Previous SIP approval 1/25/2016
Federal except for II.I. and II.J.5.
Register Substantive changes removing
citation], 12/ II.E. and II.J. approved 12/27/
27/2025 2025.
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[FR Doc. 2024-30695 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
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