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Approval and Promulgation of Air Quality Implementation Plans; Colorado; State Implementation Plan Corrections
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Rules and Regulations]
[Page 35790-35791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-3]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP NOS. CO-001-0052, CO-001-0032, CO9-3-5603; FRL-7503-4]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; State Implementation Plan Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: When EPA approved the Denver-Boulder metropolitan carbon
monoxide (CO) area redesignation to attainment, maintenance plan and
amendments to Colorado's Regulation No. 11, ``Motor Vehicle Emissions
Inspection Program,'' on December 14, 2001, we inadvertently removed
the appendices to Regulation No. 11 from the State Implementation Plan
(SIP). When EPA approved the Colorado Springs carbon monoxide area
redesignation to attainment and maintenance plan on April 25, 1999, we
inadvertently failed to indicate that a control measure had been
removed from the SIP. Finally, when EPA approved revisions to the
Colorado Ozone SIP along with amendments to Regulation No. 7,
``Regulation To Control Emissions of Volatile Organic Compounds,'' on
May 30, 1995, we inadvertently submitted extraneous pages for
incorporation by reference into the SIP and referenced incorrect state
rules. EPA is correcting these errors with this document.
DATES: This rule is effective on July 17, 2003.
FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA, Region 8, (303)
312-6437.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or
``our'' is used it means the EPA.
Section 553 of the Administrative Procedures Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedures are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
incorrect text in previous rulemakings. Thus notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
I. Correction
A. Correction to Federal Register Document Published on December 14,
2001 (66 FR 64751)
When we approved the Denver-Boulder metropolitan carbon monoxide
(CO) area redesignation to attainment, maintenance plan and amendments
to Colorado's Regulation No. 11, ``Motor Vehicle Emissions Inspection
Program,'' on December 14, 2001 (66 FR 64751), we inadvertently removed
the appendices to Regulation No. 11. Specifically, we approved
Regulation No. 11 at 40 CFR 52.320(c)(96)(i)(A) and indicated that
Regulation No. 11, part A, part B, part C, part D, part E and part F,
effective March 1, 2000, superseded and replaced all earlier versions
of the Regulation. However, on March 10, 1997 (62 FR 10690), we
approved revisions to Regulation No. 11, including Appendices A and B
(see 40 CFR 52.320(c)(80)). The December 14, 2001, approval should not
have superseded and replaced Appendices A and B of Regulation No. 11
approved on March 10, 1997, because the December 14, 2001, approved
version of Regulation No. 11 did not contain revisions to Appendices A
and B. Therefore, we are correcting the introductory text of 40 CFR
52.320(c)(96) to indicate that the version of Regulation No. 11 being
approved supersedes and replaces all earlier versions of Regulation No.
11 except for Appendices A and B to Regulation No. 11 as approved at 40
CFR 52.320(c)(80).
B. Correction to Federal Register Document Published on April 25, 1999
(64 FR 46279)
On April 25, 1999 (64 FR 46279), we approved the Colorado Springs
carbon monoxide area redesignation to attainment and maintenance plan.
In the notice approving that plan we chronicled the history of Federal
Register actions that had been completed for the Colorado Springs
carbon monoxide area. Among other things we indicated that we approved
the Clean Air Campaign into the SIP on May 30, 1989 (54 FR 22893),
because of its underlying benefits for the area (see our April 25,
1999, document, 64 FR 46281, right column). However, in our April 25,
1999, document, we failed to mention that the maintenance plan being
approved removes the Clean Air Campaign from the SIP. Therefore, we are
correcting 40 CFR 52.349(c) to indicate that the Clean Air Campaign,
approved at 40 CFR 52.320(c)(43)(i)(A), has been removed from the SIP.
C. Correction to Federal Register Document Published on May 30, 1995
(60 FR 28055)
When we approved revisions to the Colorado Ozone State
Implementation Plan (SIP) along with amendments to Regulation No. 7,
``Regulation To Control Emissions of Volatile Organic Compounds,'' on
May 30, 1995 (60 FR 28055), we inadvertently submitted extraneous pages
for incorporation by reference into the SIP. Therefore, we are
correcting this error by resubmitting the incorporation by reference
material in 40 CFR 52.320(c)(70)(i)(A) to the Air and Radiation Docket
and Information Center and the Office of the Federal Register.
Additionally, the regulatory text in 40 CFR 52.320(c)(70)(i)(A)
incorrectly referenced two state rules. The reference to ``7.IX.N.''
and ``7.IX.O.'' should have been ``7.IX.M.'' and ``7.IX.N.'' We are
correcting the references to the state rules. This correction only
impacts our May 30, 1995, approval and does not supersede subsequent
actions on Regulation No. 7 that have been approved since May 30, 1995.
[[Page 35791]]
II. Statutory and Executive Order Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. 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 (59 FR 22951, 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). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
This technical correction action does not involve technical
standards; 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). 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, as required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) 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 Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and
Executive Orders for the underlying rules are discussed in the December
14, 2001, rule approving the Denver-Boulder metropolitan carbon
monoxide (CO) area redesignation to attainment, maintenance plan and
amendments to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program,'' the August 25, 1999, rule approving the Colorado
Springs carbon monoxide area redesignation to attainment and
maintenance plan, and the May 30, 1995, rule approving the Colorado
Ozone State Implementation Plan (SIP) along with amendments to
Regulation No. 7, ``Regulation To Control Emissions of Volatile Organic
Compounds.''
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective date of July 17,
2003. 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. These corrections to the
identification of plan for Colorado is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 16, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
? 40 CFR part 52 is amended as follows:
PART 52--[CORRECTED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
? 2. Section 52.320 is amended in paragraph (c)(70)(i)(A) by revising
``7.IX.N.'' to read ``7.IX.M'' and ``7.IX.O.'' to read ``7.IX.N.'' and
by revising the introductory text of (c)(96) to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(96) On May 10, 2000, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that supersede and replace all earlier versions of
the Regulation (except Appendices A and B of Regulation No. 11 as
approved in paragraph (c)(80)) and make several changes to the motor
vehicle inspection and maintenance requirements including the
implementation of a remote sensing device (RSD) program for the Denver
metropolitan area. On May 10, 2000, the Governor also submitted SIP
revisions to Colorado's Regulation No. 13 : ``Oxygenated Fuels
Program'' that supersede and replace all earlier versions of the
Regulation and modify the oxygenated fuel requirements for the Denver
metropolitan area.
* * * * *
? 3. Section 52.349 is amended by revising paragraph (c) to read as
follows:
Sec. 52.349 Control strategy: Carbon monoxide.
* * * * *
(c) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Colorado
Springs, as adopted by the Colorado Air Quality Control Commission on
January 15, 1998, State effective March 30, 1998, and submitted by the
Governor on August 19, 1998. The Maintenance Plan removes the Clean Air
Campaign from the SIP. The Clean Air Campaign was approved into the SIP
at 40 CFR 52.320(c)(43)(i)(A).
* * * * *
[FR Doc. 03-13715 Filed 6-16-03; 8:45 am]
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