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Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Trip Reduction, and Reduction of Diesel Vehicle Emissions
Related Material
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 11, 2001 (Volume 66, Number 176)]
[Rules and Regulations]
[Page 47083-47086]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se01-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CO-001-0048a, CO-001-0049a, CO-001-0050a; FRL-7044-6]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Trip Reduction, and Reduction of Diesel Vehicle
Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the Governor of
Colorado on May 10, 2000. This submittal revises Colorado's Regulation
12, Reduction of Diesel Vehicle Emissions, and repeals Colorado's
Regulation 9, Trip Reduction. EPA is taking this action under section
110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective on November 13, 2001 without
further notice, unless the EPA receives adverse comments by October 11,
2001. If adverse comment is received, the EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public the rule will not take effect.
ADDRESSES: Written comments may be mailed to Richard R. Long, Director,
Air and Radiation Program, Mail code 8P-AR, 999 18th Street, Suite 300,
Denver, Colorado, 80202. Copies of the documents relevant to this
action are available for public inspection during normal business hours
at the Air and Radiation Program, Environmental Protection Agency,
Region VIII, 999 18th Street, Suite 300, Denver, Colorado, 80202 and
copies of the Incorporation by Reference material are available at the
Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460. Copies of
the State documents relevant to this action are available for public
inspection at the Colorado Air Pollution
[[Page 47084]]
Control Division, Colorado Department of Public Health and Environment,
4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.
FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, EPA, Region VIII, (303)
312-6493.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``our,'' or ``us'' is used, we mean EPA.
Table of Contents
I. Summary of EPA's actions
II. What is the State's process to submit these materials to EPA?
A. Regulation 9, Trip Reduction
B. Regulation 12, Reduction of Diesel Vehicle Emissions
III. Evaluation of the State's Submittal
A. Regulation 9, Trip Reduction
B. Regulation 12, Reduction of Diesel Vehicle Emissions
IV. Final Action
V. Administrative Requirements
I. Summary of EPA's Actions
We are taking direct final rulemaking action to approve revisions
to Colorado's SIP submitted by the Governor on May 10, 2000. This
submittal updates Colorado's Regulation 12, Reduction of Diesel Vehicle
Emissions. Specifically, this revision removes the program from
Colorado Springs, Ft. Collins, and Greeley, or areas outside the Denver
particulate matter of 10 microns in size or smaller (PM10)
non-attainment boundary. In addition, the May 10, 2000 submittal
repeals Regulation 9, Trip Reduction. These regulations are obsolete
and have been effectively replaced by other transportation programs.
II. What Is the State's Process To Submit These Materials to 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
us. 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 to us.
A. Regulation 9, Trip Reduction
The Colorado Air Quality Control Commission (AQCC) held a public
hearing on February 17, 2000, to repeal Regulation 9, Trip Reduction,
and remove it from the SIP because it has been effectively replaced by
other transportation programs. The Denver Regional Council of
Governments RideArrangers program, the Regional Transportation
District's ECOPass program, and the Transportation Management
Associations are all transportation control measures in the SIP and are
federally enforceable. The AQCC repealed Regulation 9 on February 17,
2000. This SIP revision became State effective on April 30, 2000, and
was submitted by the Governor to us on May 10, 2000.
B. Regulation 12, Reduction of Diesel Vehicle Emissions
The Colorado AQCC held a public hearing on March 16, 2000, for
Regulation 12, Reduction of Diesel Vehicle Emissions, to remove the
program from the SIP for Colorado Springs, Ft. Collins, and Greeley
(areas outside the Denver PM10 non-attainment area). The
AQCC adopted the revisions to the SIP on March 16, 2000. This SIP
revision became State effective on May 30, 2000, and was submitted by
the Governor to us on May 10, 2000.
We have evaluated the Governor's submittal 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 Governor's May 10, 2000, submittal became
complete on November 10, 2000.
III. Evaluation of the State's Submittal
A. Regulation 9, Trip Reduction
Colorado's Regulation 9 is entitled ``Trip Reduction.'' In this
action, we are approving Colorado's May 10, 2000, repeal and removal of
Regulation 9 from the SIP, as adopted by the AQCC on February 17, 2000,
and State effective on April 30, 2000. The purpose of Regulation 9 was
to promote alternatives to single occupancy driving, but did not itself
establish alternative transportation measures. Rather, Regulation 9
required government and large businesses to provide employees with
information regarding public transit, ride sharing, and other emission-
reducing means of travel, as well as providing bicycle and car pool
parking at the employment site. Regulation 9 was identified as one of
many possible transportation control measures in the 1979 Ozone SIP;
however, no emissions reduction credit was specifically assigned to
Regulation 9.
Regulation 9 was partially implemented by the State between 1979
and 1983, at which point the State ceased further activity with respect
to this regulation. Subsequent SIP revisions failed to identify
Regulation 9 as a transportation control measure. The Governor
submitted a SIP revision in 1990 to remove this regulation from the
SIP, but EPA returned this SIP revision to the Governor in 1991 as
incomplete. The ozone maintenance plan for Denver submitted in August
1996 demonstrated maintenance of the ozone standard without Regulation
9, and revisions to this maintenance plan recently adopted by the AQCC
for hearing also demonstrate that Regulation 9 is not necessary for
maintenance of the ozone standard. The regulation has been effectively
superseded by several other SIP and non-SIP transportation programs
such as Denver Regional Council of Government's RideArrangers program,
the Regional Air Quality Council's Ozone Action Day program, the
Regional Transportation District's ECOPass program, and Transportation
Management Associations which develop and implement travel reduction
programs, promote alternative transportation measures, and provide
assistance to employers with travel reduction. The Denver Regional
Council of Governments RideArrangers program, the Regional
Transportation District's ECOPass program, and the Transportation
Management Associations are all transportation control measures in the
SIP and are federally enforceable.
On November 30, 2000, the Governor of Colorado submitted a revised
redesignation request and maintenance plan for the 1-hour ozone
standard for Denver. Colorado was able to demonstrate maintenance of
the ozone National Ambient Air Quality Standards (NAAQS) with out
emission reduction credit assigned to Regulation 9. In addition,
Regulation 9 was not referred to as a transportation control measure in
the ozone SIP. We are currently processing Denver's redesignation
request and maintenance plan for the 1-hour ozone standard and expect
approval of Denver's plan in Summer 2001.
Section 110(l) and 193 of the CAA states that no control
requirement may be modified in a nonattainment area unless the
modification insures equivalent or greater emission reductions of the
specified air pollutant. Because we are currently redesignating Denver
to attainment for the 1-hour ozone standard and expect approval of the
redesignation request and maintenance plan in Summer 2001, we have
determined Regulation 9 can be repealed. Furthermore, Regulation 9 does
not directly affect a specific pollutant, but rather Regulation 9 was
aimed at reducing vehicle miles traveled, which has been made up for by
other transportation programs. Regulation 9 has been effectively
[[Page 47085]]
replaced by other programs, and thus, it may be removed from the SIP.
B. Regulation 12, Reduction of Diesel Vehicle Emissions
Colorado's Regulation 12 is entitled ``Reduction of Diesel Vehicle
Emissions.'' In this action, we are approving Colorado's May 10, 2000,
revisions to Regulation 12, as adopted by the AQCC on March 16, 2000,
and State effective on May 30, 2000, and note these revisions supersede
and replace the version of Regulation 12 that we approved on November
19, 1992 (57 FR 54509). We note that the Governor submitted another
revision to Regulation 12 prior to May 10, 2000, that we never approved
and that the Governor's May 10, 2000, submittal also supersedes and
replaces this other revision to Regulation 12.
Regulation 12 was revised to remove the ``Reduction of Diesel
Vehicle Emissions'' program from the SIP for the areas of Colorado
Springs, Ft. Collins, and Greeley (El Paso County, Larimer County, and
Weld County.) Regulation 12 is a control measure relied upon to
demonstrate attainment in the Denver PM10 SIP. The entire
diesel program was included in the SIP which includes El Paso County,
Larimer County, and Weld County. The program will be retained as a
State only enforceable program in those areas, and will be retained in
the SIP for the Denver metro area. The program is not necessary to meet
the federal requirements outside the non-attainment area, and thus, the
SIP revisions are approvable. The diesel inspection programs
established in Regulation 12, are federally required because the State
took emissions reduction credit for such program in the attainment
demonstration for the 1995 Denver PM10 SIP.
In addition, the revision corrects the statutory reference defining
the areas of applicability, as well as statutory references that
specify eligible vehicles. These non-substantive, editorial corrections
are approvable.
IV. Final Action
In this action, we are approving the State of Colorado's revisions
to Regulation 12, Reduction of Diesel Vehicle Emissions. We are also
approving the repeal of Colorado's Regulation 9, Trip Reduction. These
SIP revisions were submitted by the Governor of Colorado on May 10,
2000. We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revisions if adverse
comments are filed. This rule will be effective November 13, 2001
without further notice unless the Agency receives adverse comments by
October 11, 2001. If we receive adverse comments, then we will publish
a timely withdrawal of the direct final rule, in the Federal Register,
informing the public that the rule will not take effect. All public
comments received will then be addressed in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on November 13, 2001, and no further
action will be taken on the proposed rule. Please note that if we
receive adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
V. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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. EPA will submit a report containing this rule 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). This rule will be effective November 13, 2001
[[Page 47086]]
unless EPA receives adverse written comments by October 11, 2001.
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 November 13, 2001. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Dated: July 10, 2001.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.
Part 52, Chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart G--Colorado
2. Section 52.320 is amended by adding paragraph (c)(11)(i) to read
as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(11) * * *
(i) Regulation 9, ``Trip Reduction,'' previously approved on
October 5, 1979, and now deleted without replacement.
* * * * *
(91) On May 10, 2000, the Governor of Colorado submitted revisions
to the Colorado State Implementation Plan consisting of: Revisions to
Regulation 12 to remove the ``Reduction of Diesel Vehicle Emissions''
program from areas outside the Denver PM10 non-attainment
area, and Regulation 9 ``Trip Reduction,'' effective on January 30,
1979, is rescinded.
(i) Incorporation by reference.
(A) Revisions to Colorado Air Quality Control Commission Regulation
No. 12, 5 CCR 1001-15, adopted by the Colorado Air Quality Control
Commission on March 16, 2000, State effective May 30, 2000.
[FR Doc. 01-22612 Filed 9-10-01; 8:45 am]
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