[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Proposed Rules]
[Pages 4614-4617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01853]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-0AR-2017-0753; FRL-9973-45-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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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.
DATES: Written comments must be received on or before March 5, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0753 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to the public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information, the disclosure of which 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,
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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 https://www.epa.gov/dockets/commenting-epa-dockets.
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. General Information
What should I consider as I prepare my comments for the EPA?
a. Submitting CBI. Do not submit CBI to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
b. Tips for Preparing Your Comments. When submitting comments,
remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
The EPA is proposing approval of minor revisions to Colorado's
Regulation Number 10 which is entitled ``Criteria for Analysis of
Conformity'' (hereafter, ``Regulation No. 10''). We note the most
recent prior SIP revisions to Regulation No. 10, that we approved,
occurred on March 4, 2014 (79 FR 12079).
The purpose of Regulation No. 10 is to address the transportation
conformity SIP requirements of section 176(c) of the Clean Air Act
(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\
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\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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III. 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 have evaluated the State's May 16, 2017 submittal for Regulation
No. 10 and have 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.
IV. EPA's Evaluation of the State's May 16, 2017 Submittal
The EPA has reviewed the revisions to Regulation No. 10 that were
submitted by the State on May 16, 2017 and we are proposing to approve
these revisions. We reviewed the State's submittal to assure
consistency with the transportation conformity requirements in 40 CFR
51.390(b), that establish the requirements for conformity consultation
SIPs and to the transportation conformity requirements in 40 CFR
93.105, 93.122(a)(4)(ii) and 93.125(c).2 3 We also consulted
our document ``Guidance for Developing Transportation Conformity State
Implementation Plans (SIPs),'' EPA-420-B-09-001, dated January 2009.\4\
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\2\ ``40 CFR 93 Transportation Conformity Rule PM2.5
and PM10 Amendments; Final Rule,'' March 24, 2010, 75 FR
14260.
\3\ ``40 CFR 93 Transportation Conformity Rule Restructuring
Amendments; Final Rule,'' March 14, 2012, 77 FR 14979.
\4\ See: http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf
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Our review regarding the revisions to Regulation No. 10 included
the following:
(a) The Title to Regulation No. 10. The revisions to the title
included typographic changes to the title such as capitalization, use
of lower case letters to remove capitalization of particular words and
inclusion of a sentence regarding the editor's notes at the end of the
regulation. Except for the addition of the sentence regarding the
editor's notes, we otherwise note that only typographic changes were
performed and no words or terms were added or deleted.
(b) Section II. ``Definitions.'' The EPA has reviewed and finds
acceptable the revisions and clarifications that the state made to the
definition of ``Routine Conformity Determination.'' These revisions to
Regulation No. 10 were designed to streamline the transportation
conformity process by allowing the CDPHE to provide concurrence for a
wider range of routine
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transportation conformity determinations without the need for a public
hearing before the AQCC. This change to the routine conformity
determination definition will reduce the burden on the AQCC, the CDPHE
and transportation MPOs while continuing to ensure that air quality
transportation conformity requirements are met. In addition, we note
that the changes also include the provision that notwithstanding this
general definition, the CDPHE or the AQCC may, at its discretion,
request that any transportation conformity determination be reviewed by
the AQCC. The EPA notes that such a review may also include a public
hearing before the AQCC.
(c) Typographical corrections were made to the following sections:
Section II, definition of Review Team; 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.
(d) Section VI. ``Statements of Basis, Specific Statutory
Authority, and Purpose.'' The EPA notes that the changes to this
section VI in the State's regulation merely provide information for the
State regarding the SIP revision and are not necessary for an
approvable Transportation Conformity Consultation SIP element whose
purpose is to meet the requirements of CAA section 176(c)(4)(E) and 40
CFR 51.390. Therefore, the EPA is not taking any action on this
section.
V. Summary of the EPA's Proposed Action
For the reasons discussed in section IV above, and under CAA
section 110(k)(3), the EPA is proposing to approve the Regulation No.
10 revisions to Section II to the definition of ``Routine Conformity
Determination.'' In addition, we are proposing approval of 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.
VI. 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
proposes to determine 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.
VII. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the approval of portions of Regulation No. 10 as submitted by
the State of Colorado and as discussed above in section IV of this
preamble. 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).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 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).
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, and Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: January 24, 2018.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2018-01853 Filed 1-31-18; 8:45 am]
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