[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21453-21471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-CO-0003, FRL-9616-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving those revisions adopted by the State of 
Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source 
Permitting and Air Pollutant Emission Notice Requirements) that 
incorporate EPA's December 31, 2002 NSR Reforms. Colorado submitted the 
request for approval of these rule revisions into the State 
Implementation Plan (SIP) on July 11, 2005 and supplemented its request 
on October 25, 2005. EPA is approving only the portions of Colorado's 
revisions to Regulation Number 3 that relate to the prevention of 
significant deterioration (PSD) and non-attainment new source review 
(NSR) construction permit programs of the State of Colorado. Other 
revisions, renumberings, additions, or deletions to Regulation No. 3 
made by Colorado as part of the April 16, 2004 final rulemaking are 
being acted on by EPA in a separate final action related to Colorado's 
Interstate Transport SIP (see proposed action at 76 FR 21835, April 19, 
2011). Colorado has a federally approved NSR program for new and 
modified sources impacting attainment and non-attainment areas in the 
State. This action is being taken under section 110 of the Clean Air 
Act (CAA).

DATES: Effective Date: This final rule is effective May 10, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2005-CO-0003. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scott Jackson, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6107, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background for This Action
    A. What revisions to the Colorado SIP does this action address?
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.

I. Background for This Action

    On December 7, 2005 (70 FR 72744), EPA published a notice of 
proposed rulemaking (NPR) for the State of Colorado. The NPR proposed 
approval of portions of Colorado's revisions to the Stationary Source 
Permitting and Air Pollutant Emission Notice Requirements (Regulation 
No. 3) that incorporate EPA's December 31, 2002 NSR Reforms. The State 
of Colorado submitted the formal SIP revision on July 11, 2005 followed 
by a supplemental submittal on October 25, 2005. This final action 
updates the federally approved SIP to reflect changes made by Colorado 
that were reviewed and deemed approvable into the Colorado SIP (Code of 
Federal Regulations part 52, subpart G).
    On December 31, 2002, EPA published revisions to the federal PSD 
and non-attainment NSR regulations. These revisions are commonly 
referred to as ``NSR Reform'' regulations and became effective 
nationally in areas not covered by a SIP on March 3, 2003. These 
regulatory revisions included provisions for baseline emissions 
determinations, actual-to-future actual methodology, plantwide 
applicability limits (PALs), clean units, and pollution control 
projects (PCPs). On November 7, 2003, EPA published a reconsideration 
of the NSR Reform regulations that clarified two provisions in the 
regulations. On June 24, 2005, the United States Court of Appeals for 
the District of Columbia Circuit issued its ruling on challenges to the 
December 2002 NSR Reform revisions. Although the Court upheld most of 
EPA's rules, it vacated both the Clean Unit and the Pollution Control 
Project provisions and remanded back to EPA the ``reasonable 
possibility'' standard for when a source must keep certain project 
related records.
    Colorado's July 11, 2005 submittal and October 25, 2005 
supplemental submittal request approval for its regulations to 
implement the NSR Reform provisions that were not vacated or remanded 
by the June 24, 2005, court decision.

A. What revisions to the Colorado SIP does this action address?

    EPA is approving those revisions adopted by Colorado on April 16, 
2004 to Regulation No. 3 (Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements) that incorporate EPA's December 
30, 2002 NSR Reforms (with the exceptions noted in the table below). 
EPA is also approving revisions Colorado made to Regulation No. 3 prior 
to the April 16, 2004 final rulemaking that incorporate the revisions 
EPA made to the federal NSR rules on July 21, 1992 (with the exceptions 
noted in the table below). These revisions are referred to as the WEPCO 
rule (for the Wisconsin Electric Power Company court ruling) and added 
definitions and provisions that have been incorporated into the April 
16, 2004 version of Regulation No. 3.
    In addition to incorporating the NSR Reforms into the April 16, 
2004 Regulation No. 3 revision, Colorado also restructured Regulation 
No. 3, including adding a new Part D titled Concerning Major Stationary 
Source New Source

[[Page 21454]]

Review and Prevention of Significant Deterioration. The new Part D 
contains most of the NSR/PSD definitions, provisions, and sections that 
were revised or newly created by the NSR Reform rule. In addition, 
numerous Regulation No. 3 Part A and Part B NSR/PSD definitions, 
provisions, and sections not revised by the NSR Reform rule, but 
already approved into the SIP, have been moved into the new Part D. EPA 
is approving the revisions to Regulation No. 3 creating the new Part D 
with the exceptions noted in the table below.
    The revisions adopted by Colorado on April 16, 2004 have structured 
Regulation No. 3 as follows: Part A now contains general provisions 
applicable to reporting and permitting, Part B addresses construction 
permits; Part C (not a part of the SIP) includes the operating permit 
program; and Part D deals with the Nonattainment NSR and PSD programs 
for major stationary sources. Minor sources will only be subject to 
Parts A and B; major sources (as defined for the Operating Permit 
program) are governed by Parts A, B and C. Major stationary sources 
must comply with Parts A, B, C and D. In particular, this 
reorganization separated the major stationary source NSR provisions 
from the construction permit requirements applicable to all sources.
    Part A Changes. EPA is approving changes Colorado made to Part A 
where the NSR Reform rule added or changed specific language used in 
this Part (as specified in the table below). In addition, EPA is 
approving changes Colorado made in Part A that moved the provisions 
applying to major NSR to Part D (as specified in the table below). EPA 
is not taking action, in this document, on any other revisions, 
renumberings, additions, or deletions to Part A made by Colorado as 
part of the April 16, 2004 final rulemaking action. These other changes 
are being acted on by EPA in a separate final action related to 
Colorado's Interstate Transport SIP (see proposed action at 76 FR 
21835, April 19, 2011) and are noted in the table below.
    Part B Changes. EPA is approving only the NSR Reform rule 
conforming changes Colorado made in Part B, which moved the provisions 
applying to major NSR to Part D (as specified in the table below). In 
this document, EPA is not taking action on any other revisions, 
renumberings, additions, or deletions to Part B made by Colorado as 
part of the April 16, 2004 final rulemaking action. These other changes 
are being acted on by EPA in a separate final action related to 
Colorado's Interstate Transport SIP (see proposed action at 76 FR 
21835, April 19, 2011) and are noted in the table below.
    Part D Changes. Colorado created Regulation No. 3 Part D in order 
to make Colorado's air quality program consistent with the EPA NSR 
Reform rules. The references to NSR requirements in Part D include both 
the nonattainment NSR and PSD programs. EPA is approving the new Part D 
except for the specific provisions noted in the table below.
    The following table specifies provisions of Regulation No. 3 that 
Colorado revised/renumbered or newly added in order to incorporate 
EPA's NSR Reform and WEPCO rules and to create a separate NSR/PSD major 
stationary source part (Part D). In addition, some of the provisions 
that were proposed for approval in the notice of proposed rulemaking 
that EPA published on December 7, 2005 are being acted on by EPA in a 
separate final action related to Colorado's Interstate Transport SIP 
(see proposed action at 76 FR 21835, April 19, 2011) and are noted in 
the table below.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       How provision is
                                                                                                                                      acted on by EPA in
                                                                                EPA is                                                 a separate final
                                  Provision location                       incorporating all      Equivalent       How provision is    action related to
Provision location in Colorado's  in Colorado's 4/16/      Provision          or part of        provision in 40    acted on in this       Colorado's
 current SIP Reg 3 (NA = not in       2004 Reg 3          description         revision or      CFR 51.165 and 40      action (if          interstate
      current Colorado SIP)            revision                            addition into the      CFR 51.166        applicable see    transport SIP (see
                                                                                  SIP                                  footnote)      proposed action at
                                                                                                                                      76 FR 21835, April
                                                                                                                                           19, 2011)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1.........................  D-II.A.1..........  Actual emissions    Yes...............  51.166(b)(21),      Note the reference  Partially Approved
                                                       definition.                             51.165(a)(1)(xii).  in this             * * * With
                                                                                                                   definition to       respect to the
                                                                                                                   ``I.B.1.a''         renumbering and
                                                                                                                   should be to        the modification
                                                                                                                   ``II.A.1.a.'' and   of the provision
                                                                                                                   Colorado will       to the extent
                                                                                                                   correct this        that the term
                                                                                                                   reference in a      ``regulated NSR
                                                                                                                   future revision     pollutant''
                                                                                                                   of Regulation No.   replaces ``air
                                                                                                                   3.                  pollutant
                                                                                                                  EPA is approving     regulated under
                                                                                                                   this definition.    the Federal Act''
                                                                                                                  See footnote 1....   but no other
                                                                                                                                       modification of
                                                                                                                                       the provision.
A-I.B.7.........................  D-II.A.3..........  Air Quality         Yes...............  NA................  Approved by         Fully approved * *
                                                       Related Value                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.8.........................  A-I.B.7...........  Allowable           Yes...............  51.166(b)(16),      Colorado added      Not taking action
                                                       Emissions                               51.165(a)(1)(xi).   ``enforceable as    * * * Because it
                                                       definition.                                                 a practical         was not a
                                                                                                                   matter'' and        necessary
                                                                                                                   moved ``future      prerequisite for
                                                                                                                   compliance date''   the action on the
                                                                                                                   phrase to this      8/1/07 submittal,
                                                                                                                   definition.         or provision was
                                                                                                                  EPA is approving     not proposed for
                                                                                                                   this definition.    approval in our
                                                                                                                  See footnotes 1      Dec. 7, 2005
                                                                                                                   and 2..             notice.
A-I.B.10........................  D-II.A.5..........  Baseline Area       Yes...............  51.166(b)(15).....  Approved by         Fully approved * *
                                                       definition.                                                 interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.11........................  D-II.A.6..........  Baseline            Yes...............  51.166(b)(13).....  Approved by         Fully approved * *
                                                       Concentration                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.12........................  D-II.A.8..........  Best Available      Yes...............  51.166(b)(12),      Approved by         Fully approved * *
                                                       Control                                 51.165(a)(1)(xl).   interstate          * Because the
                                                       Technology                                                  transport NFR.      provision has
                                                       definition.                                                 See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.

[[Page 21455]]

 
A-I.B.15........................  D-II.A.12.........  Complete            Yes...............  51.166(b)(22).....  Approved by         Fully approved * *
                                                       definition (for                                             interstate          * Because the
                                                       PSD/NSR purposes).                                          transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                  Note the reference   renumbered and no
                                                                                                                   in                  substantive
                                                                                                                   II.A.12.a.(vii)     changes were
                                                                                                                   of this             made.
                                                                                                                   definition to
                                                                                                                   ``III.G.4. of
                                                                                                                   Part B'' is not
                                                                                                                   in the current
                                                                                                                   codified SIP.
A-I.B.21........................  D-II.A.16.........  Federal Land        Yes...............  51.166(b)(24),      Approved by         Fully approved * *
                                                       Manager                                 51.165(a)(1)(xlii   interstate          * Because the
                                                       definition.                             ).                  transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.31........................  D-II.A.19.........  Innovative Control  Yes...............  51.166(b)(19).....  Approved by         Fully approved * *
                                                       Technology                                                  interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.32........................  D-II.A.21.........  Lowest Achievable   Yes...............  51.166(b)(52),      EPA is approving    Partially approved
                                                       Emission Rate                           51.165(a)(1)(xiii   the language        * * * Only
                                                       definition.                             ).                  change.             approved
                                                                                                                  See footnote 1....   renumbering. NSR
                                                                                                                                       NFR will approve
                                                                                                                                       the language
                                                                                                                                       change.
A-I.B.33........................  D-II.A.24.........  Major Source        Yes...............  51.166(b)(14)(i)..  Approved by         Fully approved * *
                                                       Baseline Date                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.34........................  D-II.A.26.........  Minor Source        Yes...............  51.166(b)(14)(ii).  Approved by         Fully approved * *
                                                       Baseline Date                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
A-I.B.35.b......................  D-II.A.23. (except  Major Modification  Yes, except as      51.166(b)(2),       EPA is approving    Partially Approved
                                   II.A.23.d(iii),     definition.         noted below.        51.165(a)(1)(v).    portions of D-      * * * With
                                   (viii), (x),                                                                    II.23 not acted     respect to the
                                   (xi), and (e)--                                                                 on by EPA in a      renumbering and
                                   see below).                                                                     separate final      the modification
                                                                                                                   action related to   of the provision
                                                                                                                   Colorado's          to the extent
                                                                                                                   Interstate          that the term
                                                                                                                   Transport SIP.      ``regulated NSR
                                                                                                                  Note that the        pollutant''
                                                                                                                   provision in        replaces ``air
                                                                                                                   II.A.23.e that      pollutant
                                                                                                                   references          regulated under
                                                                                                                   ``section           the Federal Act''
                                                                                                                   II.A.2'' should     but no other
                                                                                                                   reference           modification of
                                                                                                                   ``II.A.31'' and     the provision.
                                                                                                                   Colorado will      EPA is approving
                                                                                                                   correct this        the renumbering
                                                                                                                   reference in a      of all of II.23
                                                                                                                   future revision     (except sections
                                                                                                                   of Regulation 3.    D-II.A.23.d.(viii
                                                                                                                  See Footnotes 1      ), (x), and
                                                                                                                   and 2..             (xi)), and, in
                                                                                                                                       II.A.23, prior to
                                                                                                                                       subsection
                                                                                                                                       II.A.23.a, the
                                                                                                                                       replacement of
                                                                                                                                       the term ``air
                                                                                                                                       pollutant subject
                                                                                                                                       to regulation
                                                                                                                                       under the Federal
                                                                                                                                       Act or the State
                                                                                                                                       Act'' with the
                                                                                                                                       term ``regulated
                                                                                                                                       NSR pollutant.''
                                                                                                                                      Note that the
                                                                                                                                       provision in
                                                                                                                                       II.A.23.e that
                                                                                                                                       references
                                                                                                                                       ``section
                                                                                                                                       II.A.2'' should
                                                                                                                                       reference
                                                                                                                                       ``II.A.31'' and
                                                                                                                                       Colorado will
                                                                                                                                       correct this
                                                                                                                                       reference in a
                                                                                                                                       future revision
                                                                                                                                       of Regulation 3.
N/A.............................  D-II.A.23.d.(iii).  Use of an           Yes...............  51.166(b)(2)(iii)(  EPA is approving    Not taking action
                                                       alternative fuel                        d),                 this definition.    * * * Because it
                                                       at a steam                              51.165(a)(1)(v)(C  See footnote 1....   was not a
                                                       generating unit                         )(4)(iv).                               necessary
                                                       (part of Major                                                                  prerequisite for
                                                       Mod definition).                                                                the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.23.d(viii).  Addition            No................  51.166(b)(2)(iii)(  EPA considers this  Not taking action
                                                       replacement or                          h),                 provision           * * * Because it
                                                       use of a PCP * *                        51.165(a)(1)(v)(C   withdrawn by the    was not a
                                                       * (part of Major                        )(8).               State.              necessary
                                                       Modification                                               See footnote 6....   prerequisite for
                                                       definition).                                                                    the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.23.d(x)....  The installation    Yes, as noted.....  51.166(b)(2)(j)...  EPA is approving    Not taking action
                                                       or operation of a                                           this definition     * * * Because it
                                                       permanent clean                                             as clarified.       was not a
                                                       coal technology                                            See footnote 3....   necessary
                                                       demonstration                                                                   prerequisite for
                                                       project that                                                                    our action on the
                                                       constitutes                                                                     8/1/07 submittal,
                                                       repowering * * *                                                                or provision was
                                                       (part of Major                                                                  not proposed for
                                                       Modification                                                                    approval in our
                                                       definition).                                                                    Dec. 7, 2005
                                                                                                                                       notice.

[[Page 21456]]

 
N/A.............................  D-II.A.23.d(xi)...  The reactivation    Yes, as noted.....  51.166(b)(2)(k)...  EPA is approving    Not taking action
                                                       of a very clean                                             this definition     * * * Because it
                                                       coal fired                                                  as clarified.       was not a
                                                       electric utility                                           See footnote 3....   necessary
                                                       steam generating                                                                prerequisite for
                                                       unit. (part of                                                                  our action on the
                                                       Major                                                                           8/1/07 submittal,
                                                       Modification                                                                    or provision was
                                                       definition).                                                                    not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.23.e.......  This definition     Yes...............  51.166(b)(2)(iv),   EPA is approving    Not taking action
                                                       shall not apply *                       51.165(a)(1)(v)(D   this definition.    * * * Because it
                                                       * * for a PAL                           ).                 Note that the        was not a
                                                       (part of Major                                              reference in this   necessary
                                                       Mod definition).                                            definition should   prerequisite for
                                                                                                                   be to II.A.31 not   the action on the
                                                                                                                   II.A.2., and        8/1/07 submittal,
                                                                                                                   Colorado will       or provision was
                                                                                                                   correct this        not proposed for
                                                                                                                   reference in a      approval in our
                                                                                                                   future revision     Dec. 7, 2005
                                                                                                                   of Regulation 3.    notice.
                                                                                                                  See footnote 1....
A-I.B.36........................  D-II.A.27. (except  Net Emissions       Yes...............  51.166(b)(3),       Colorado has added  Partially Approved
                                   II.A.27.c.(iv)      Increase                                51.165(a)(1)(vi).   additional          * * * With
                                   and                 definition.                                                 language at         respect to the
                                   II.A.27.g.(v)).                                                                 II.A.27.c.(iii),    renumbering and
                                                                                                                   and II.A.27.g.(i).  the modification
                                                                                                                  EPA is approving     of the provision
                                                                                                                   this definition.    to the extent
                                                                                                                  Note that            that the term
                                                                                                                   provision           ``regulated NSR
                                                                                                                   II.A.27.a.(i)       pollutant''
                                                                                                                   references          replaces ``air
                                                                                                                   ``I.A.4.''          pollutant
                                                                                                                   However, there is   regulated under
                                                                                                                   no I.A.4.and this   the Federal Act''
                                                                                                                   reference will be   but no other
                                                                                                                   deleted by          modification of
                                                                                                                   Colorado.           the provision.
                                                                                                                  See footnote 1 &
                                                                                                                   2..
N/A.............................  D-II.A.27.c.(iv)..  Net emissions       No................  51.166(b)(3)(iii)(  EPA considers this  Not Taking Action
                                                       increase at a                           c),                 provision           on this part of
                                                       clean unit (part                        51.165(a)(1)(vi)(   withdrawn by the    the definition at
                                                       of Net Emissions                        C)(3).              State.              this time.
                                                       Increase                                                   See footnote 6....
                                                       definition).
N/A.............................  D-II.A.27.g.(v)...  Net emissions       No................  51.166(b)(3)(vi)(d  EPA considers this  Not Taking Action
                                                       increase at a                           ),                  provision           on this part of
                                                       clean unit and                          51.165(a)(1)(vi)(   withdrawn by the    the definition at
                                                       pollution control                       E)(5).              State.              this time.
                                                       project (part of                                           See footnote 6....
                                                       Net Emissions
                                                       Increase
                                                       definition).
A-I.B.44........................  A-I.B.35..........  Potential to Emit   Yes...............  51.166(b)(4),       EPA is approving    Not taking action
                                                       definition.                             51.165(a)(1)(iii).  this definition.    * * * Because it
                                                                                                                  See footnote 2....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
A-I.B.55........................  D-II.A.43.........  Secondary           Yes...............  51.166.(b)(18),     EPA is approving    Partially approved
                                                       Emissions                               51.165(a)(1)(viii   the language        * * * Only
                                                       definition.                             ).                  change for this     approved
                                                                                                                   definition.         renumbering. NSR
                                                                                                                  See footnote 1....   NFR will approve
                                                                                                                                       the language
                                                                                                                                       change.
A-I.B.57........................  D-II.A.44.........  Significant         No, see comment...  51.166.(b)(23),     Approved by         Fully approved * *
                                                       definition.                             51.165(a)(1)(x).    interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made. Note: our
                                                                                                                                       approval of the 8/
                                                                                                                                       1/07 submission
                                                                                                                                       modifies this
                                                                                                                                       definition.
A-I.B.58. Major Stationary        D-II.A.25.........  Major Stationary    Yes, except as      51.166(b)(1)(i),    Approved by         Partially approved
 Source.                                               Source definition   noted below.        51.165(a)(1)(iv).   interstate          * * * Because the
                                                       (introductory).                                             transport NFR. D-   provision has
                                                                                                                   II.A.25.b was not   only been
                                                                                                                   approved.           renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made. D-II.A.25.b
                                                                                                                                       was not approved.
A-I.B.58.a......................  D-II.A.25.b.......  For the purpose of  Yes, as noted.....  51.165(a)(1)(iv)(A  EPA is approving    Not taking action
                                                       determining                             )(1).               this provision.     * * * Because it
                                                       whether a source                                           See footnote 4....   was not a
                                                       in a                                                                            necessary
                                                       nonattainment                                                                   prerequisite for
                                                       area is subject *                                                               the action on the
                                                       * * (part of                                                                    8/1/07 submittal,
                                                       Major Stationary                                                                or provision was
                                                       Source                                                                          not proposed for
                                                       definition).                                                                    approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
A-I.B.58.b......................  D-II.A.25.a.......  For the purpose of  Yes...............  51.166(b)(1)(i)(a)  Approved by         Fully approved * *
                                                       determining                                                 interstate          * Because the
                                                       whether a source                                            transport NFR.      provision has
                                                       in an attainment                                            See next column.    only been
                                                       or unclassifiable                                                               renumbered and no
                                                       area (part of                                                                   substantive
                                                       Major Stationary                                                                changes were
                                                       Source                                                                          made.
                                                       definition).

[[Page 21457]]

 
A-I.B.58.c......................  D-II.A.25.c.......  Major stationary    Yes...............  51.166(b)(1)(i)(c)  Approved by         Fully approved * *
                                                       source includes                         ,                   interstate          * Because the
                                                       any physical                            51.165(a)(1)(iv)(   transport NFR.      provision has
                                                       change that would                       A)(2).              See next column.    only been
                                                       occur at a                                                                      renumbered and no
                                                       stationary source                                                               substantive
                                                       (part of Major                                                                  changes were
                                                       Stationary Source                                                               made.
                                                       definition).
A-I.B.58.d......................  D-II.A.25.d.......  A major stationary  Yes...............  51.166(b)(1)(ii),   Approved by         Fully approved * *
                                                       source that is                          51.165(a)(1)(iv)(   interstate          * Because the
                                                       major for                               B).                 transport NFR.      provision has
                                                       volatile organic                                            See next column.    only been
                                                       compounds shall                                                                 renumbered and no
                                                       be considered                                                                   substantive
                                                       major * * * (part                                                               changes were
                                                       of Major                                                                        made. Note: our
                                                       Stationary Source                                                               approval of the 8/
                                                       definition).                                                                    1/07 submission
                                                                                                                                       modifies this
                                                                                                                                       definition.
A-I.B.58.f......................  D-II.A.25.e.......  The fugitive        Yes...............  51.166(b)(1)(iii),  Approved by         Fully approved * *
                                                       emissions of a                          51.165(a)(1)(iv)(   interstate          * Because the
                                                       stationary source                       C).                 transport NFR.      provision has
                                                       shall not be                                                See next column.    only been
                                                       included * * *                                                                  renumbered and no
                                                       (part of Major                                                                  substantive
                                                       Stationary Source                                                               changes were
                                                       definition).                                                                    made.
A-I.B.58.e......................  D-II.A.25.f.......  Emissions caused    Yes...............  NA................  Approved by         Fully approved * *
                                                       by indirect air                                             interstate          * Because the
                                                       pollution sources                                           transport NFR.      provision has
                                                       (part of Major                                              See next column.    only been
                                                       Stationary Source                                                               renumbered and no
                                                       definition).                                                                    substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      The reference in
                                                                                                                                       this definition
                                                                                                                                       to ``I.B.22. of
                                                                                                                                       Part A'' is at A-
                                                                                                                                       I.B.58. in the
                                                                                                                                       current codified
                                                                                                                                       SIP.
A-I.B.58.g......................  D-II.A.25.g.......  A major stationary  Yes...............  NA................  Action taken by     Not taking action
                                                       source in the                                               interstate          EPA is not acting
                                                       Denver Metro PM10                                           transport SIP.      on this
                                                       * * * (part of                                              See next column.    definition in
                                                       Major Stationary                                                                this action. This
                                                       Source                                                                          definition was
                                                       definition).                                                                    not included in
                                                                                                                                       Colorado's
                                                                                                                                       October 25, 2005
                                                                                                                                       submission of
                                                                                                                                       Regulation No. 3,
                                                                                                                                       and was therefore
                                                                                                                                       proposed for
                                                                                                                                       approval
                                                                                                                                       erroneously in
                                                                                                                                       EPA's December 7,
                                                                                                                                       2005 proposed
                                                                                                                                       approval.
N/A.............................  D-III.............  Permit Review       Yes...............  NA................  Approved by         Fully approved.
                                                       Procedures.                                                 interstate
                                                                                                                   transport NFR.
                                                                                                                   See next column.
N/A.............................  D-III.A...........  Major Stationary    Yes...............  NA................  Approved by         Fully approved.
                                                       Sources must                                                interstate
                                                       apply for CP or                                             transport NFR.
                                                       OP.                                                         See next column.
B-IV.B.5........................  D-III.B...........  Process PSD         Yes...............  NA................  Approved by         Fully approved * *
                                                       applications w/in                                           interstate          * Because the
                                                       12 months.                                                  transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
N/A.............................  D-IV..............  Public Comment      Yes...............  51.166(q).........  Approved by         Fully approved.
                                                       Requirements.                                               interstate
                                                                                                                   transport NFR.
                                                                                                                   See next column.
N/A.............................  D-IV.A............  Public Notice.....  Yes...............  51.166(q).........  Approved by         Fully approved.
                                                                                                                   interstate         Copied from Part
                                                                                                                   transport NFR.      B, IV.C.4. of
                                                                                                                   See next column.    current codified
                                                                                                                                       SIP.
                                                                                                                                      The reference in D-
                                                                                                                                       IV.A. to
                                                                                                                                       ``III.C.3. of
                                                                                                                                       Part B'' is at B-
                                                                                                                                       IV.C.3. in the
                                                                                                                                       current codified
                                                                                                                                       SIP.
B-IV.C.4.--from ``For sources     D-IV.A.1..........  Public notice of    Yes...............  51.166(q)(ii) and   Approved by         Fully approved * *
 subject to the provisions of                          NSR and PSD                             (iv).               interstate          * Because the
 section IV.D.3.'' to ``The                            permit                                                      transport NFR.      provision has
 newspaper notice``.                                   applications.                                               See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.C.4.f......................  D-IV.A.2..........  Additionally, for   Yes...............  51.166(q)(iii)....  Approved by         Fully approved * *
                                                       permit                                                      interstate          * Because the
                                                       applications                                                transport NFR.      provision has
                                                       (request comment                                            See next column.    only been
                                                       on).                                                                            renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.C.5........................  D-IV.A.3..........  Within 15 days      Yes...............  NA................  Approved by         Fully approved * *
                                                       after prepare PA.                                           interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.C.6........................  D-IV.A.4..........  Hearing request     Yes...............  NA................  Approved by         Fully approved * *
                                                       for innovative                                              interstate          * Because the
                                                       control.                                                    transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.C.7........................  D-IV.A.5..........  Hearing request     Yes...............  NA................  Approved by         Fully approved * *
                                                       transmitted to                                              interstate          * Because the
                                                       commission.                                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.

[[Page 21458]]

 
B-IV.C.8........................  D-IV.A.6..........  Commission shall    Yes...............  51.166(q)(v)......  Approved by         Fully approved * *
                                                       hold public                                                 interstate          * Because the
                                                       comment hearing.                                            transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.C.9........................  D-IV.A.7..........  15 days after       Yes...............  51.166(q)(viii)...  Approved by         Fully approved * *
                                                       division makes                                              interstate          * Because the
                                                       final decision on                                           transport NFR.      provision has
                                                       application.                                                See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2........................  D-V...............  Requirements        Yes...............  NA................  Approved by         Fully approved * *
                                                       Applicable to Non-                                          interstate          * Because the
                                                       attainment Areas.                                           transport NFR.      provision has
                                                      (Introductory)....                                           See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.a......................  D-V.A.............  Major Stationary    Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Sources.                                S.IV.A.             interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      The reference in D-
                                                                                                                                       V.A. to
                                                                                                                                       ``III.D.1. of
                                                                                                                                       Part B'' is at B-
                                                                                                                                       IV.D.1. in the
                                                                                                                                       current codified
                                                                                                                                       SIP.
B-IV.D.2.a.(i) through (iii)....  D-V.A.1. through 3  Major Stationary    Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Sources.                                S.IV.A.             interstate          * Because the
                                                                                               Conditions 1-4.     transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.a.(iii)(C) 2nd par.....  D-V.A.3.d.........  With respect to     Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       offsets from                            S.IV.D.             interstate          * Because the
                                                       outside                                                     transport NFR.      provision has
                                                       nonattainment                                               See next column.    only been
                                                       area.                                                                           renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.a.(iv).................  D-V.A.4...........  The permit          Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       application shall                       S.IV.D.             interstate          * Because the
                                                       include an                                                  transport NFR.      provision has
                                                       analysis of                                                 See next column.    only been
                                                       alternative sites.                                                              renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.a.(v)..................  D-V.A.5...........  Offsets for which   Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       emission                                S.V.A.              interstate          * Because the
                                                       reduction credit                                            transport NFR.      provision has
                                                       is taken.                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.a.(vi).................  D-V.A.6...........  The applicant will  Yes...............  NA................  Approved by         Fully approved * *
                                                       demonstrate that                                            interstate          * Because the
                                                       emissions from                                              transport NFR.      provision has
                                                       the proposed                                                See next column.    only been
                                                       source will not                                                                 renumbered and no
                                                       adversely impact                                                                substantive
                                                       visibility.                                                                     changes were
                                                                                                                                       made.
B-IV.D.2.b......................  D-V.A.7...........  Applicability of    Yes...............  NA................  Approved by         Fully approved * *
                                                       Certain                                                     interstate          * Because the
                                                       Nonattainment                                               transport NFR.      provision has
                                                       Area Requirements.                                          See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.b.(i)..................  D-V.A.7.a.........  Any major           Yes...............  NA................  Approved by         Fully approved * *
                                                       stationary source                                           interstate          * Because the
                                                       in a                                                        transport NFR.      provision has
                                                       nonattainment                                               See next column.    only been
                                                       area.                                                                           renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.2.b.(ii).................  D-V.A.7.b.........  The requirements    Yes...............  51.165(a)(5)(ii)..  Approved by         Fully approved * *
                                                       of section V.A.                                             interstate          * Because the
                                                       shall apply at                                              transport NFR.      provision has
                                                       such time that                                              See next column.    only been
                                                       any stationary                                                                  renumbered and no
                                                       source.                                                                         substantive
                                                                                                                                       changes were
                                                                                                                                       made.
N/A.............................  D-V.A.7.c.........  The following       Yes, except as      51.165(a)(6)......  EPA is approving    Not taking action
                                                       provisions apply    noted in comment                        this provision,     * * * Because it
                                                       to projects at      section.                                with the            was not a
                                                       existing                                                    exception of the    necessary
                                                       emissions units *                                           phrases ``a Clean   prerequisite for
                                                       * * (``Reasonable                                           Unit or at,'' ``a   the action on the
                                                       possibility''                                               reasonable          8/1/07 submittal,
                                                       provisions in                                               possibility         or provision was
                                                       nonattainment                                               that'' and ``may    not proposed for
                                                       areas) (part of                                             result in a         approval in our
                                                       Applicability of                                            significant         Dec. 7, 2005
                                                       Certain                                                     emissions           notice.
                                                       Nonattainment                                               increase,'' which
                                                       Area                                                        EPA considers as
                                                       Requirements).                                              withdrawn by the
                                                                                                                   State.
                                                                                                                  See footnote 1, 5,
                                                                                                                   and 6..
N/A.............................  D-V.A.7.d.........  documents           Yes...............  51.165(a)(7)......  EPA is approving    Not taking action
                                                       available for                                               this provision.     * * * Because it
                                                       review upon                                                See footnote 1....   was not a
                                                       request (part of                                                                necessary
                                                       Applicability of                                                                prerequisite for
                                                       Certain                                                                         the action on the
                                                       Nonattainment                                                                   8/1/07 submittal,
                                                       Area                                                                            or provision was
                                                       Requirements).                                                                  not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
B-IV.D.2.c. (and subsections)...  D-V.A.8...........  Exemptions from     Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Certain                                 S.IV.B.             interstate          * Because the
                                                       Nonattainment                                               transport NFR.      provision has
                                                       Area Requirements.                                          See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.

[[Page 21459]]

 
B-IV.D.3........................  D-VI..............  Requirements        Yes...............  NA................  Approved by         Fully approved * *
                                                       Applicable to                                               interstate          * Because the
                                                       Attainment Areas.                                           transport NFR.      provision has
                                                      (Introductory)....                                           See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.a. (and subsections not  D-VI.A............  Major Stationary    Yes...............  51.166(j).........  Approved by         Fully approved * *
 listed below).                                        Sources and Major                                           interstate          * Because the
                                                       Modifications.                                              transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      The reference in D-
                                                                                                                                       VI.A. to
                                                                                                                                       ``III.D.1. of
                                                                                                                                       Part B'' is at B-
                                                                                                                                       IV.D.1. in the
                                                                                                                                       current codified
                                                                                                                                       SIP.
B-IV.D.3.a.(i)(C)...............  D-VI.A.1.c........  For phased          Yes...............  51.166(j)(4)......  EPA is approving    Partially approved
                                                       construction.                                               the language        * * * Only
                                                                                                                   change for this     approved
                                                                                                                   definition.         renumbering. NSR
                                                                                                                  See footnote 1 and   NFR will approve
                                                                                                                   2..                 the language
                                                                                                                                       change.
B-IV.D.3.a.(iii)(D).............  D-VI.A.3.d........  In general, the     Yes...............  51.166(m)(1)(iv)..  Approved by         Fully approved * *
                                                       continuous air                                              interstate          * Because the
                                                       monitoring data.                                            transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.a.(iii)(D).............  D-VI.A.4..........  Post-construction   Yes...............  51.166(m)(2)......  Approved by         Fully approved * *
                                                       monitoring.                                                 interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      Colorado has
                                                                                                                                       revised this
                                                                                                                                       provision to make
                                                                                                                                       post construction
                                                                                                                                       monitoring at the
                                                                                                                                       director's
                                                                                                                                       discretion as
                                                                                                                                       allowed by
                                                                                                                                       51.166(m)(2).
B-IV.D.3.b......................  D-VI.B............  Applicability of    Yes...............  NA................  Approved by         Fully approved * *
                                                       Certain PSD                                                 interstate          * Because the
                                                       Requirements.                                               transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.b.(i)..................  D-VI.B.1..........  The requirements    Yes...............  51.166(i)(1) and    Approved by         Fully approved * *
                                                       of section VI.A.                        (2).                interstate          * Because the
                                                       do not apply.                                               transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.b.(ii).................  D-VI.B.2..........  The requirements    Yes...............  51.166(i)(3) and    Approved by         Fully approved * *
                                                       contained in                            (4).                interstate          * Because the
                                                       sections VI.A.2.                                            transport NFR.      provision has
                                                       through VI.A.4.                                             See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.b.(iii)................  D-VI.B.3.           The division may    Yes...............  51.166(i)(5)......  Approved by         Fully approved * *
                                   (including D-       exempt a proposed                                           interstate          * Because the
                                   VI.B.3.b., c.,      major stationary                                            transport NFR.      provision has
                                   and d.).            source or major                                             See next column.    only been
                                                       modification from                                                               renumbered and no
                                                       the requirements                                                                substantive
                                                       of sections                                                                     changes were
                                                       VI.A.3. through                                                                 made.
                                                       VI.A.5. of this                                                                Colorado has
                                                       Part, with                                                                      reworded D-
                                                       respect to                                                                      VI.B.3. and
                                                       monitoring for a                                                                deleted
                                                       particular                                                                      unnecessary
                                                       pollutant if: * *                                                               language.
                                                       *.
B-IV.D.3.b.(iii)(A)(1)-(12).....  D-VI.B.3.a.(i)-(ix  deleted Mercury,    Yes...............  51.166(i)(5)(i)...  Approved by         Fully approved * *
                                   ).                  Beryllium, Vinyl                                            interstate          * Because the
                                                       chloride.                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.b.(iv).................  D-VI.B.4..........  The requirements    Yes...............  51.166(i)(6)......  Approved by         Fully approved * *
                                                       of this Part D                                              interstate          * Because the
                                                       shall apply.                                                transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
N/A.............................  D-VI.B.5..........  The following       Yes, except as      51.166(r)(6)......  EPA is approving    Not taking action
                                                       provisions apply    noted in comment                        this provision,     * * * Because it
                                                       to projects at      section.                                with the            was not a
                                                       existing                                                    exception of the    necessary
                                                       emissions units                                             phrases ``a Clean   prerequisite for
                                                       (``Reasonable                                               Unit or at,'' ``a   the action on the
                                                       possibility''                                               reasonable          8/1/07 submittal,
                                                       provisions PSD)                                             possibility         or provision was
                                                       (part of                                                    that'' and ``may    not proposed for
                                                       Applicability of                                            result in a         approval in our
                                                       Certain PSD                                                 significant         Dec. 7, 2005
                                                       Requirements).                                              emissions           notice.
                                                                                                                   increase,'' which
                                                                                                                   EPA considers as
                                                                                                                   withdrawn by the
                                                                                                                   State.
                                                                                                                  See footnotes 1,
                                                                                                                   5, and 6..

[[Page 21460]]

 
N/A.............................  D-VI.B.6..........  documents           Yes...............  51.166(r)(7)......  EPA is approving    Not taking action
                                                       available for                                               this provision.     * * * Because it
                                                       review upon                                                See footnote 1....   was not a
                                                       request (part of                                                                necessary
                                                       Applicability of                                                                prerequisite for
                                                       Certain PSD                                                                     the action on the
                                                       Requirements).                                                                  8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
B-IV.D.3.b.(v)..................  D-VI.B.7..........  A stationary        Yes...............  51.166(i)(9)......  Approved by         Fully approved * *
                                                       source or                                                   interstate          * Because the
                                                       modification may                                            transport NFR.      provision has
                                                       apply.                                                      See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.c......................  D-VI.C............  Notice to EPA.....  Yes...............  51.166(p)(1)......  Approved by         Fully approved * *
                                                                                                                   interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IV.D.3.d......................  D-VI.D............  Major Stationary    Yes...............  51.165(b).........  Approved by         Fully approved * *
                                                       Sources in                                                  interstate          * Because the
                                                       attainment areas                                            transport NFR.      provision has
                                                       affecting                                                   See next column.    only been
                                                       nonattainment                                                                   renumbered and no
                                                       area.                                                                           substantive
                                                                                                                                       changes were made
                                                                                                                                      The reference in D-
                                                                                                                                       VI.D. to
                                                                                                                                       ``III.D.1. of
                                                                                                                                       Part B'' is at B-
                                                                                                                                       IV.D.1. in the
                                                                                                                                       current codified
                                                                                                                                       SIP.
B-IV.D.4........................  D-VII.............  Negligibly          Yes...............  51.100(s).........  Approved by         Fully approved * *
                                                       Reactive VOCs.                                              interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-V.............................  D-VIII............  Area                Yes, with the       51.166(e).........  Approved by         Fully approved * *
                                                       Classifications.    exception of D-                         interstate          * Because the
                                                                           VIII.B.                                 transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      EPA is approving
                                                                                                                                       this provision
                                                                                                                                       with the
                                                                                                                                       exception of D-
                                                                                                                                       VIII.B.
N/A.............................  D-VIII.B..........  All other areas of  No................  NA................  EPA considers this  Not taking action
                                                       Colorado, * * *                                             provision as        * * * Because it
                                                       (part of Area                                               withdrawn.          was not a
                                                       Classifications).                                          See FR Notice of 3/  necessary
                                                                                                                   25/98 (63 FR        prerequisite for
                                                                                                                   14357).             the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
B-VI............................  D-IX..............  Redesignation.....  Yes...............  51.166(e).........  Approved by         Fully approved * *
                                                                                                                   interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-VII...........................  D-X...............  Air Quality         Yes, with the       51.166(c).........  Approved by         Fully approved * *
                                                       Limitations.        exception of D-                         interstate          * Because the
                                                                           X.A.5.                                  transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      EPA is approving
                                                                                                                                       this provision
                                                                                                                                       with the
                                                                                                                                       exception of D-
                                                                                                                                       X.A.5.
N/A.............................  D-X.A.5...........  Increment           No................  NA................  EPA considers this  Not taking action
                                                       Consumption                                                 provision as        * * * Because it
                                                       Restriction (part                                           withdrawn.          was not a
                                                       of Air Quality                                             See FR Notice of 3/  necessary
                                                       Limitations).                                               25/98 (63 FR        prerequisite for
                                                                                                                   14357).             the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
B-VIII..........................  D-XI..............  Exclusions from     Yes...............  51.166(f).........  Approved by         Fully approved * *
                                                       Increment                                                   interstate          * Because the
                                                       Consumption.                                                transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-IX............................  D-XII.............  Innovative Control  Yes...............  51.166(s).........  Approved by         Fully approved * *
                                                       Technology.                                                 interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
B-X.............................  D-XIII............  Federal Class I     Yes...............  51.166(p).........  Approved by         Fully approved * *
                                                       Areas.                                                      interstate          * Because the
                                                                                                                   transport NFR.      provision has
                                                                                                                   See next column.    only been
                                                                                                                                       renumbered and no
                                                                                                                                       substantive
                                                                                                                                       changes were
                                                                                                                                       made.
                                                                                                                                      The reference in D-
                                                                                                                                       XIII.C. to
                                                                                                                                       ``III.B. of Part
                                                                                                                                       B'' is at B-IV.B.
                                                                                                                                       in the current
                                                                                                                                       codified SIP.

[[Page 21461]]

 
B-XI............................  D-XIV.............  Visibility........  No................  NA................  EPA previously      Not taking action
                                                                                                                   acted on this       * * * Because it
                                                                                                                   provision in a      was not a
                                                                                                                   separate action.    necessary
                                                                                                                  See FR Notice of     prerequisite for
                                                                                                                   11/2/06 (71 FR      the action on the
                                                                                                                   64466).             8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  A-I.B.13..........  CEMS definition...  Yes...............  51.166(b)(43),      EPA is approving    Not taking action
                                                                                               51.165(a)(1)(xxxi   this provision.     * * * Because it
                                                                                               v).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  A-I.B.14..........  CERMS definition..  Yes...............  51.166(b)(46),      EPA is approving    Not taking action
                                                                                               51.165(a)(1)(xxxi   this provision.     * * * Because it
                                                                                               v).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  A-I.B.15..........  CPMS definition...  Yes...............  51.166(b)(45),      EPA is approving    Not taking action
                                                                                               51.165(a)(1)(xxxi   this provision.     * * * Because it
                                                                                               ii).               See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  A-I.B.33..........  Pollution           Yes...............  51.166(b)(38),      EPA is approving    Not taking action
                                                       Prevention                              51.165(a)(1)(xxvi   this provision.     * * * Because it
                                                       definition.                             ).                 See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  A-I.B.36..........  PEMS definition...  Yes...............  51.166(b)(44),      EPA is approving    Not taking action
                                                                                               51.165(a)(1)(xxxi   this provision.     * * * Because it
                                                                                               i).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-I.A.............  General             Yes...............  51.166(a)(7)        EPA is approving    Only approved the
                                                       Applicability                           (iv)(a)and (b),     this provision.     language in
                                                       (Introductory).                         51.165(a)(2)(iii)  See footnote 1....   1.A.1.
                                                                                               (A) and (B).
N/A.............................  D-I.B. (except      Applicability       Yes...............  51.166(a)(7)(iv)(c  EPA is approving    Not taking action
                                   I.B.3. and second   Tests.                                  ), (d), and (f),    this definition     * * * Because it
                                   sentence of                                                 51.165(a)(2)(ii)(   with the            was not a
                                   I.B.4.).                                                    C), (D), and (F).   exception of        necessary
                                                                                                                   I.B.3. and the      prerequisite for
                                                                                                                   second sentence     the action on the
                                                                                                                   of I.B.4, which     8/1/07 submittal,
                                                                                                                   EPA considers       or provision was
                                                                                                                   withdrawn.          not proposed for
                                                                                                                  The reference in D-  approval in our
                                                                                                                   I.B.5. to           Dec. 7, 2005
                                                                                                                   ``I.B.26. of Part   notice.
                                                                                                                   A'' is at A-       The reference in D-
                                                                                                                   I.B.35.c. in the    I.B.5. to
                                                                                                                   current codified    ``I.B.26. of Part
                                                                                                                   SIP.                A'' is at A-
                                                                                                                  See footnotes 1      I.B.35.c. in the
                                                                                                                   and 6..             current codified
                                                                                                                                       SIP.
N/A.............................  D-I.B.3...........  Emission tests at   No................  51.166              EPA considers this  Not taking action
                                                       clean units (part                       (a)(7)(iv)(e),      provision as        * * * Because it
                                                       of Applicability                        51.165(a)(2)(ii)(   withdrawn.          was not a
                                                       Tests).                                 E).                See footnote 6....   necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-I.B.4. second     For example, for a  No................  51.166(a)(7)(iv)(f  EPA considers this  Not taking action
                                   sentence.           project involves                        ) second            language as         * * * Because it
                                                       both an existing                        sentence,           withdrawn.          was not a
                                                       unit and a clean                        51.165(a)(2)(ii)(  See footnote 6....   necessary
                                                       unit (part of                           F) second                               prerequisite for
                                                       Applicability                           sentence.                               the action on the
                                                       Tests).                                                                         8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
                                                                                                                                      EPA is not taking
                                                                                                                                       action on this
                                                                                                                                       part of provision
                                                                                                                                       D-I.B.4. at this
                                                                                                                                       time.

[[Page 21462]]

 
N/A.............................  D-I.C.............  For any major       Yes...............  51.166 (a)(7)(v),   EPA is approving    Not taking action
                                                       stationary source                       51.165(a)(2)(iii).  this provision.     * * * Because it
                                                       requesting, or                                             See footnote 1....   was not a
                                                       operating under,                                                                necessary
                                                       a Plantwide                                                                     prerequisite for
                                                       Applicability                                                                   the action on the
                                                       Limitation.                                                                     8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-I.D.............  An owner or         No................  51.166 (a)(7)(vi),  EPA considers this  Not taking action
                                                       operator                                51.165(a)(2)(iv).   provision as        * * * Because it
                                                       undertaking a                                               withdrawn.          was not a
                                                       Pollution Control                                          See footnote 6....   necessary
                                                       Project.                                                                        prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.2..........  Actuals PAL         Yes...............  51.166(w)(2)(i),    EPA is approving    Not taking action
                                                       Definition.                             51.165(f)(2)(i).    this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.4..........  Baseline Actual     Yes...............  51.166(b)(47),      EPA is approving    Not taking action
                                                       Emissions                               51.165(a)(1)(xxxv   this provision.     * * * Because it
                                                       definition.                             ).                 See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.7..........  Begin Actual        Yes...............  51.166(b)(11),      EPA is approving    Not taking action
                                                       Construction                            51.165(a)(1)(xv).   this provision.     * * * Because it
                                                       definition.                                                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.9..........  Clean Coal          Yes...............  51.166(b)(33),      EPA is approving    Not taking action
                                                       Technology                              51.165(a)(1)(xxii   this provision.     * * * Because it
                                                       definition.                             i).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.10.........  Clean Coal          Yes...............  51.166(b)(34),      EPA is approving    Not taking action
                                                       Technology                              51.165(a)(1)(xxiv   this provision.     * * * Because it
                                                       Demonstration                           ).                 See footnote 1....   was not a
                                                       Project                                                                         necessary
                                                       definition.                                                                     prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.11.........  Clean Unit          No................  51.166(b)(41),      EPA considers this  Not taking action
                                                       definition.                             51.165(a)(1)(xxix   provision           * * * Because it
                                                                                               ).                  withdrawn by the    was not a
                                                                                                                   State.              necessary
                                                                                                                  See footnote 6....   prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.13.........  Construction        Yes...............  51.166(b)(8),       EPA is approving    Not taking action
                                                       definition.                             51.165(a)(1)(xxvi   this provision.     * * * Because it
                                                                                               ii).               See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.14.........  Emissions Unit      ..................  51.166(b)(7),       EPA is approving    Not taking action
                                                       definition (for                         51.165(a)(1)(vii).  this provision.     * * * Because it
                                                       PSD/NSR purposes).                                         See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.15.........  Electric Utility    Yes...............  51.166(b)(30),      EPA is approving    Not taking action
                                                       Steam Generating                        51.165(a)(1)(xx).   this provision.     * * * Because it
                                                       Unit definition.                                           See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.

[[Page 21463]]

 
N/A.............................  D-II.A.17.........  High Terrain        Yes...............  51.166(b)(25).....  EPA is approving    Not taking action
                                                       definition.                                                 this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.18.........  Hydrocarbon         ..................  51.166(b)(31)(iv),  EPA is approving    Not taking action
                                                       Combustion Flare                        51.165(a)(1)(xv)(   this provision.     * * * Because it
                                                       definition.                             D).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.20.........  Low Terrain         Yes...............  51.166(b)(26).....  EPA is approving    Not taking action
                                                       definition.                                                 this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.22.........  Major Emissions     Yes...............  51.166(w)(2)(iv),   EPA is approving    Not taking action
                                                       Unit definition.                        51.165(f)(2)(iv).   this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.28.........  Nonattainment New   Yes...............  51.165(a)(1)(xxx).  EPA is approving    Not taking action
                                                       Source Review                                               this provision.     * * * Because it
                                                       definition.                                                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.29.........  PAL Effective Date  Yes...............  51.166(w)(2)(vi),   EPA is approving    Not taking action
                                                       definition.                             51.165(f)(2)(vi).   this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.30.........  PAL Effective       Yes...............  51.166(w)(2)(vii),  EPA is approving    Not taking action
                                                       Period definition.                      51.165(f)(2)(vii).  this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.31.........  PAL Major           Yes...............  51.166(w)(2)(viii)  EPA is approving    Not taking action
                                                       Modification                            ,                   this provision.     * * * Because it
                                                       definition.                             51.165(f)(2)(viii  See footnote 1....   was not a
                                                                                               ).                                      necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.32.........  PAL Permit          Yes...............  51.166(w)(2)(ix),   EPA is approving    Not taking action
                                                       definition.                             51.165(f)(2)(ix).   this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.33.........  PAL Pollutant       Yes...............  51.166(w)(2)(x),    EPA is approving    Not taking action
                                                       definition.                             51.165(f)(2)(x).    this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.34.........  Plantwide           Yes...............  51.166(w)(2)(v),    EPA is approving    Not taking action
                                                       Applicability                           51.165(f)(2)(v).    this provision.     * * * Because it
                                                       Limitation (PAL)                                           See footnote 1....   was not a
                                                       definition.                                                                     necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.

[[Page 21464]]

 
NA..............................  D-II.A.35.........  Pollution Control   No................  51.166(b)(31),      EPA considers this  Not taking action.
                                                       Project                                 51.165(a)(1)(xxv).  provision
                                                       definition.                                                 withdrawn by the
                                                                                                                   State.
                                                                                                                  See footnote 6....
N/A.............................  D-II.A.36.........  Prevention of       Yes...............  51.166(b)(42),      EPA is approving    Not taking action
                                                       Significant                             51.165(a)(1)(xli).  this provision.     * * * Because it
                                                       Deterioration                                              See footnote 1....   was not a
                                                       Permit definition.                                                              necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.37.........  Project definition  Yes...............  51.166(b)(51),      EPA is approving    Not taking action
                                                                                               51.165(a)(1)(xxxi   this provision.     * * * Because it
                                                                                               x).                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.38.........  Projected Actual    Yes...............  51.166(b)(40),      EPA is approving    Not taking action
                                                       Emissions                               51.165(a)(1)(xxvi   this provision.     * * * Because it
                                                       definition.                             ii).               See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.39.........  Reactivation of     Yes...............  51.166(b)(37).....  EPA is approving    Not taking action
                                                       Very Clean Coal-                                            this provision.     * * * Because it
                                                       Fired EUSGU                                                See footnote 1....   was not a
                                                       definition.                                                                     necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.40.........  Regulated NSR       No, see comment...  51.166(b)(49),      Approved by         Fully approved.
                                                       Pollutant                               51.165(a)(1)(xxxv   interstate
                                                       definition.                             ii).                transport NFR.
                                                                                                                   See next column.
N/A.............................  D-II.A.41.........  Replacement Unit    Yes...............  51.166(b)(32),      EPA is approving    Not taking action
                                                       definition.                             51.165(a)(1)(xxi).  this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.42.........  Repowering          Yes...............  51.166(b)(36).....  EPA is approving    Not taking action
                                                       definition.                                                 this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.45.........  Significant         Yes...............  51.166(b)(39),      Approved by         Fully approved.
                                                       Emissions                               51.165(a)(1)(xxvi   interstate
                                                       Increase                                i).                 transport NFR.
                                                       definition.                                                 See next column.
N/A.............................  D-II.A.46.........  Significant         Yes...............  51.166(w)(2)(xi),   EPA is approving    Not taking action
                                                       Emissions Unit                          51.165(f)(2)(xi).   this provision.     * * * Because it
                                                       definition.                                                See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.47.........  Small Emissions     Yes...............  51.166(w)(2)(iii),  EPA is approving    Not taking action
                                                       Unit definition.                        51.165(a)(1)(iii).  this provision.     * * * Because it
                                                                                                                  See footnote 1....   was not a
                                                                                                                                       necessary
                                                                                                                                       prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-II.A.48.........  Temporary Clean     Yes...............  51.166(b)(35),      EPA is approving    Not taking action
                                                       Coal                                    51.165(a)(1)(xxii   this provision.     * * * Because it
                                                       Demonstration                           ).                 See footnote 1....   was not a
                                                       Project                                                                         necessary
                                                       definition.                                                                     prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.

[[Page 21465]]

 
N/A.............................  D-XV..............  Clean Units.......  No................  51.166(t) and (u),  EPA considers this  Not taking action
                                                                                               51.165(c) and (d).  provision           * * * Because it
                                                                                                                   withdrawn by the    was not a
                                                                                                                   State.              necessary
                                                                                                                  See footnote 6....   prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-XVI.............  Pollution Control   No................  51.166(v),          EPA considers this  Not taking action
                                                       Projects.                               51.165(e).          provision           * * * Because it
                                                                                                                   withdrawn by the    was not a
                                                                                                                   State.              necessary
                                                                                                                  See footnote 6....   prerequisite for
                                                                                                                                       the action on the
                                                                                                                                       8/1/07 submittal,
                                                                                                                                       or provision was
                                                                                                                                       not proposed for
                                                                                                                                       approval in our
                                                                                                                                       Dec. 7, 2005
                                                                                                                                       notice.
N/A.............................  D-XVII............  Plantwide           Yes...............  51.166(w),          EPA is approving    Not taking action
                                                       Applicability                           51.165(f).          this provision.     * * * Because it
                                                       Limitations.                                               The references in    was not a
                                                                                                                   XVII.N.1.g and      necessary
                                                                                                                   XVII.N.2.d. of      prerequisite for
                                                                                                                   this section to     the action on the
                                                                                                                   ``I.B.38. of Part   8/1/07 submittal,
                                                                                                                   A'' are at A-       or provision was
                                                                                                                   I.B.53. in the      not proposed for
                                                                                                                   current codified    approval in our
                                                                                                                   SIP.                Dec 7, 2005
                                                                                                                  Colorado has         notice.
                                                                                                                   revised D-         The references in
                                                                                                                   XVII.I.2.           XVII.N.1.g and
                                                                                                                   (application        XVII.N.2.d of
                                                                                                                   deadline) to 12     this section to
                                                                                                                   months prior to     ``I.B.38. of Part
                                                                                                                   expiration          A'' are at A-
                                                                                                                   instead of 6        I.B.53. in the
                                                                                                                   months.             current codified
                                                                                                                  Colorado has         SIP.
                                                                                                                   revised XVII.N.1.  Colorado has
                                                                                                                   (Semi-Annual        revised D-
                                                                                                                   Report) to          XVII.I.2.
                                                                                                                   require             (application
                                                                                                                   submission of QA/   deadline) to 12
                                                                                                                   QC data as          months prior to
                                                                                                                   requested, not as   expiration
                                                                                                                   part of the semi-   instead of 6
                                                                                                                   annual report       months.
                                                                                                                   specified in       Colorado has
                                                                                                                   51.166(w)(14)(i)(   revised XVII.N.1.
                                                                                                                   c).                 (Semi-Annual
                                                                                                                  See footnote 1....   Report) to
                                                                                                                                       require
                                                                                                                                       submission of QA/
                                                                                                                                       QC data as
                                                                                                                                       requested, not as
                                                                                                                                       part of the semi
                                                                                                                                       annual report
                                                                                                                                       specified in
                                                                                                                                       51.166(w)(14)(i)(
                                                                                                                                       c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnote 1: We are approving this new rule in Regulation No. 3 because the rule is identical or consistent with the Federal New Source Review
  regulations found at 40 CFR 51.165 and 51.166 and contain no changes to the language that would affect the meaning of the rule.
Footnote 2: We are approving this change of an existing Regulation No. 3 rule because the rule has only been renumbered, contains nonsubstantive changes
  to the rule that do not affect the meaning of the rule and/or has been modified to move a definition that has already been approved into the SIP to a
  specific rule section in which the definition applies. This renumbered rule and all subsections within this rule supersede and replace the prior
  numbered rule and subsections in Colorado's federally approved SIP.
Footnote 3: Colorado has marked this part of the definition of Major Modification as underlined, meaning that the State intends it will only be
  effective until EPA approves the NSR Reform revisions for incorporation into the SIP. Colorado has since clarified that they intended that this
  provision remain as part of the definition of Major Modification as it applies to PSD sources located in attainment areas only, consistent with 40 CFR
  51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior to EPA taking final action, EPA is approving this addition
  to the definition of Major Modification into the SIP.
Footnote 4: Colorado's SIP submittal deletes the following language in D-II.A.25.b from what was previously in the definition of Major Stationary Source
  (at A-I.B.58.a.):
In the Denver Metro PM10 nonattainment area, sulfur dioxide and nitrogen oxides shall be treated as PM10 precursors, and any source which is major for
  these precursors is subject to the nonattainment new source review provisions. Additionally, a source causing or contributing to a violation of a
  NAAQS for any pollutant regulated under Section 110 of the Federal Act shall be considered major when it has the potential to emit 100 tons per year
  or more of that pollutant. The source will be considered to cause or contribute to a violation when the source exceeds the significance levels in the
  table under Section IV.D.3.d(ii), Part B. Such source is subject to the requirements of IV.D.3.
Colorado has revised Regulation No. 3 to add this deleted language back into the definition of Major Stationary Source. As discussed in the proposal,
  EPA is therefore approving this part of the definition of Major Stationary Source into the SIP.
Footnote 5: EPA discussed with the Colorado Department of Public Health and Environment (CDPHE) on how it intended to implement provisions D-V.A.7 and D-
  VI.B.5. without the language regarding the ``reasonable possibility'' that a project ``may result in a significant emissions increase'' included as
  part of these provisions. CDPHE's intent is that Colorado will implement the rule consistently with EPA's policy and guidance. Additionally, CDPHE
  provided a letter to EPA dated Nov 28, 2005 that stated their intent is to also ``request that the Commission make any revisions to Regulation No. 3
  necessary to incorporate and implement federal program revisions should it be necessary for EPA to take further action on the remand of the Code of
  Federal Regulations, Title 40, sections 51.165(a)(6) and 51.166(r)(6).'' Therefore, consistent with the Notice of Proposed Rulemaking, EPA approves D-
  V.A.7.c and D-VI.B.5 with the exception of the phrases ``a reasonable possibility that,'' ``a Clean Unit or at,'' and ``may result in a significant
  emissions increase.'' This approval is consistent with Colorado's deletion of the phrases in subsequent submittals.
Footnote 6: The Clean Unit and Pollution Control Projects provisions in the 2002 NSR Reform Rule were vacated by the United States Court of Appeals for
  the District of Columbia Circuit on June 24, 2005. Colorado has since removed references to these provisions in subsequent Reg. 3 submittals. As such,
  EPA considers these provisions effectively withdrawn by the State.

II. Response to Comments

    Environment Colorado and the Rocky Mountain Office of Environmental 
Defense jointly commented on our December 2005 proposed action. We have 
carefully considered the comments, and, as part of that consideration, 
have obtained information from the Colorado Department of Public Health 
and Environment (CDPHE) in order to assist us in deciding how to 
address certain comments. Below we provide summaries of, and our 
responses to, the significant adverse comments. Nothing in them has 
caused us to change our action from what we proposed.
    Comment No. 1: The commenters assert that ``[t]he 2002 NSR Reform 
Rule provisions that were not vacated by the D.C. Circuit in New York 
v. EPA [citation omitted] allow previously-prohibited emissions-
increases to occur.'' Comments at 4. In their main comment letter and 
in attached materials, the commenters argue that

[[Page 21466]]

Colorado's SIP revision will allow for increased air pollution, and 
they focus on three main aspects of Colorado's revised Regulation 3: 
(1) Revisions to the method of calculating baseline actual emissions 
for existing sources; (2) revisions to the applicability test for 
existing sources; and (3) the plantwide applicability limitation (PAL) 
provisions. The commenters assert that approval of Colorado's proposed 
SIP revision would violate section 110(l) of the CAA, because ``EPA 
cannot make a finding that revising Colorado's permit provisions so 
that they track the non-vacated provisions of the 2002 rule `would not 
interfere with attainment or other applicable requirements.' '' 
Comments at 5.
    EPA Response No. 1: Section 110(l) of the CAA states that ``[t]he 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress or any other applicable requirement of 
this chapter.'' 42 U.S.C. 7410(l).
    EPA does not interpret section 110(l) to require a full attainment 
or maintenance demonstration before any changes to a SIP may be 
approved. Generally, a SIP revision may be approved under section 
110(l) if EPA finds it will at least preserve status quo air quality. 
See Kentucky Resources Council, Inc. v. EPA, 467 F.3d 986 (6th Cir. 
2006); GHASP v. EPA, No. 06-61030 (5th Cir. Aug. 13, 2008); see also, 
e.g., 70 FR 53 (Jan. 3, 2005), 70 FR 28429 (May 18, 2005) (proposed and 
final rules, upheld in Kentucky Resources, which discuss EPA's 
interpretation of section 110(l)).
    EPA has determined that Colorado's SIP revision will not 
``interfere with any applicable requirement concerning attainment and 
reasonable further progress * * * or any other applicable requirement 
of [the CAA]'' in violation of section 110(l) of the CAA because, as 
explained below, the revision will result in effects on air quality 
that are neutral or beneficial. The Colorado SIP revision tracks the 
Federal 2002 NSR Reform Rules that were not vacated by the Court of 
Appeals in New York v. EPA, 413 F.3d 3, 21-31 (D.C. Cir. 2005) (per 
curiam). Overall, EPA expects that changes in air quality as a result 
of implementing Colorado's rules will be consistent with EPA's analysis 
of the Federal 2002 NSR Reform Rules--that the effects will be 
somewhere between neutral and providing modest contribution to 
reasonable further progress when the 2002 NSR Reform Rules are compared 
to the pre-Reform provisions. EPA's analysis for the environmental 
impacts of these three components of the 2002 NSR Reform Rules is 
informative of how Colorado's adoption of NSR Reform (based on the 
federal rules) will affect emissions. See generally Supplemental 
Analysis of the Environmental Impact of the 2002 Final NSR Improvement 
Rules (Nov. 21, 2002) (``Supplemental Analysis'').\1\
---------------------------------------------------------------------------

    \1\ The Supplemental Analysis is available at http://epa.gov/nsr/documents/nsr-analysis.pdf, and has also been added to the 
docket for this action. It is incorporated into these responses by 
reference.
---------------------------------------------------------------------------

    EPA's conclusion rests primarily on the national-scale analysis 
that EPA conducted in support of the 2002 NSR Reform Rules. This 
national analysis indicates that the non-vacated provisions of the NSR 
Reform Rules will have a neutral or beneficial impact. The three 
significant changes in the 2002 NSR Reform Rules (that were not vacated 
by the court) were: (1) Plantwide applicability limits (PALs); (2) the 
2-in-10 baseline (also known as the ten-year lookback); and (3) the 
actual-to-projected actual emission test. EPA's Supplemental Analysis 
discussed each of these three changes individually, and addresses many 
of the issues raised by commenters.
    The environmental impacts of NSR Reform in Colorado will not be 
substantially different from those discussed in the Supplemental 
Analysis. Furthermore, with limited exceptions discussed below, the 
commenters do not raise Colorado-specific arguments or provide 
Colorado-specific data to suggest that the results of the NSR Reform in 
Colorado will be substantially different from those discussed in the 
Supplemental Analysis. Where the commenters have relied on generic or 
national arguments against NSR Reform, we have relied on the analyses 
conducted in support of the 2002 NSR Reform rules for our response.
    It is worth emphasizing that, while the comments focus exclusively 
on how Colorado's SIP revision may allow certain facilities to increase 
emissions without undergoing NSR, the NSR process does not prohibit 
emissions increases. Nor does it regulate facilities that simply 
increase their hours of operation or production rate over what has 
occurred in recent years, resulting in increased annual emissions. 
Rather, NSR regulates construction of new major sources, and of 
physical or operational changes at existing major sources that result 
in significant emissions increases, and requires the new source or 
modification to control its emissions using stringent technology-based 
standards, as well as meet other requirements. In some cases (e.g., a 
modification at an already well-controlled unit) the benefits of the 
NSR program may be small. See Supplemental Analysis at 5. At the same 
time, avoidance of an NSR permitting process does not necessarily mean 
that emissions increase, since facilities may be discouraged by the 
permitting process itself from undertaking environmentally beneficial 
projects. See id. at 5. Finally, the NSR program can lead to changes in 
source behavior that have environmental effects (including potentially 
beneficial effects) even for sources that do not get an NSR permit, and 
permitting data tell us little about these effects. See id. at 5-6.
    For these reasons, focusing entirely on hypothetical emissions 
increases that might avoid NSR misstates the overall effect of the NSR 
revisions that Colorado and other states have adopted. The question is 
not simply whether the SIP revision would theoretically allow certain 
sources to make emissions-increasing changes that might be subject to 
NSR under the current SIP but would not be subject to NSR in the 
revised SIP. Rather, the question is whether the SIP revision, as a 
whole, would interfere with applicable CAA requirements. Since the 
focus of this analysis is on the SIP as a whole, and since NSR Reform 
is expected to lead to overall emissions reductions even though 
emissions at some individual sources may increase, the commenters' 
arguments (arguing that certain individual sources' emissions may 
increase) do not show that the SIP revision as a whole would interfere 
with applicable CAA requirements. That said, we respond in detail below 
to the commenters' significant adverse comments regarding specific 
alleged emissions increases that would avoid NSR under Colorado's SIP 
revision.

1. Baseline Actual Emissions.

    The commenters argue that revisions to Regulation No. 3's method of 
calculating baseline actual emissions for existing sources will allow 
those sources to ``inflate'' baseline actual emissions, and thereby 
substantially increase emissions without undergoing NSR. Specifically, 
the commenters argue that (1) the rule's definition of baseline actual 
emissions enables facilities to choose the highest consecutive two-year 
period over the prior ten years, thus treating high emissions that may 
not have been emitted for many years as ``baseline'' emissions; (2) the 
regulation allows sources to select a different two-year period for 
each pollutant, thus creating a ``baseline'' that is higher than actual

[[Page 21467]]

emissions of the facility in any actual two-year period over the last 
decade; and (3) the regulation calculation ``rewards'' facilities for 
malfunctions, upsets and unusual emissions during start-up and shut-
downs by allowing facilities to inflate the baseline with those 
emissions. We disagree that these changes will result in substantial 
emissions increases, and discuss each in turn.
    First, with regard to the 2-in-10 baseline, EPA concluded in the 
context of the NSR Reform regulation that ``the environmental impact 
from the change in baseline * * * will not result in any significant 
change in benefits derived from the NSR program.'' Supplemental 
Analysis at 13. As we explained in the Supplemental Analysis, the rule 
change will not alter the baseline at all for many sources. See 
Supplemental Analysis at 13. Furthermore, for other instances, EPA 
explained:

    [F]or the remaining case, where recent emissions are low 
compared to the past, a source cannot qualify for a significantly 
higher baseline emissions level if the present emissions are lower 
as a result of enforceable controls or other enforceable limitations 
that have gone into effect since that time--which is true an 
estimated 70 percent of the time. Indeed, such sources could face 
more stringent baselines under the current rule if controls are 
applied toward the end of the baseline period. This leaves only the 
case where emissions are lower as a result of decreased utilization 
due to decreased market demand, some kind of outage, or other 
circumstance. Even in this case, it is not clear that a different 
baseline would always result, because the source is eligible, under 
current rules, to request a more representative baseline than the 
previous two years.

Id. at 13. Additional information regarding the 2-in-10 baseline change 
is available in the Supplemental Analysis, Appendix F. See also 67 FR 
80186, 80199-80200 (Dec. 31, 2002); New York, 413 F.3d at 21-31 
(explaining why EPA's selection of ten-year lookback period is 
reasonable).
    The commenters also provided Colorado-specific emissions data to 
support their hypothesis that allowing a 2-in-10 baseline calculation 
could lead to significant emissions increases in Colorado. EPA has 
evaluated this analysis and concluded that the commenters overlooked 
other important factors involved with the baseline calculation and 
oversimplified interpretation of the baseline calculation changes. The 
commenters also failed to present any rationale that allowing a 2-in-10 
baseline calculation will, in fact, cause actual emission increases in 
Colorado that would not occur absent the Reform rule. Applicability of 
NSR is determined on a project-specific basis. Commenters have not 
explained why there should be reason to believe that more projects will 
actually occur, or that higher-emitting projects will actually occur, 
as a result of a 2-in-10 calculation, rather than the baseline 
calculation specified in pre-Reform NSR rules. Appendix F of the 
Supplemental Analysis provides a number of reasons why the majority of 
sources will not be affected by the change in baseline calculation. The 
following circumstances at particular sources would not result in a 
change in baseline: new sources and new units at existing sources, 
electric utility steam generating units, sources with recent high 
levels of emissions, and sources with recent emissions comparable to 
the past. The Supplemental Analysis explains that NSR Reform requires 
``use of current emission limits that account for enforceable pollution 
control measures that have been put into place.'' Supplemental Analysis 
at F-4. While the commenters did remove electric utility steam 
generating units from their analysis, they did not evaluate the change 
in baseline calculation with respect to the other circumstances 
described above. In particular, they acknowledge that they did not 
evaluate other provisions of state and federal law that could limit 
pollution increases (comment 0020.21 in docket). In lieu of doing this 
evaluation for Colorado, the commenters cite an October 2003 report \2\ 
that looked at the impact of non-NSR provisions in relation to the 2-
in-10 baseline calculation in 12 states, of which Colorado was not one. 
EPA has previously noted that this report is ``overly simplistic and 
erroneous in its interpretation of NSR.'' 73 FR 76563 (Dec. 17, 
2008).\3\
---------------------------------------------------------------------------

    \2\ Environmental Integrity Project and the Council of State 
Governments/Eastern Regional Conference, Reform or Rollback? How 
EPA's Changes to New Source Review Could Affect Air Pollution in 12 
States, October 2003.
    \3\ We incorporate by reference into this response a detailed 
critique of this report presented in EPA's approval of Wisconsin's 
NSR Reform SIP revision. See 73 FR 76560, 76563-64.
---------------------------------------------------------------------------

    Furthermore, it is overly simplistic to assume that sources would 
be able to increase their emissions by simply relying on a higher 
baseline calculation that a 10-year lookback may (or may not) afford, 
for at least four reasons.
    1. As mentioned above, there are several circumstances that the 
commenters overlooked, such as the existing rules' provision to select 
an alternate representative baseline period, and enforceable controls 
or other enforceable limitations, that factor into the ability to take 
a higher baseline by looking back 10 years as opposed to 2 years. With 
respect to the existing rules' provision allowing for a source to 
request an alternate representative baseline period, CDPHE has informed 
EPA that, even under its current NSR rules, it has approved at least 
four requests for a more representative baseline other than the most 
recent two years.\4\ The commenters did not take this into account when 
calculating the hypothetical emissions increases that might occur under 
the 2-in-10 baseline calculation.
---------------------------------------------------------------------------

    \4\ Based on email communication from Roland C. Hea, CDPHE 
Permitting Section Supervisor, to EPA Region 8 dated November 18, 
2011. A copy of the email has been added to the docket for this 
action.
---------------------------------------------------------------------------

    2. The commenters have attempted to show that a 10-year lookback 
can yield a higher facility-wide baseline, but NSR applicability is 
determined for a particular project affecting particular emissions 
units. For existing emissions units, the source would likely use the 
actual-to-projected-actual applicability test, which compares projected 
actual emissions to the baseline actual emissions for that emissions 
unit. See Regulation No. 4, Part D, section I.B.1. The project's 
overall NSR applicability is determined by summing this difference 
across all emissions units involved in the project. See id. The 
possibility that an emissions unit not involved in the project (i.e. 
not having an emissions increase from the project) might have a high 
baseline actual emissions is irrelevant in this context.
    3. The prospect that the ten-year lookback might allow certain 
sources to use a higher baseline and therefore increase emissions (as 
compared to a two-year-lookback) does not mean that sources will 
actually do so. See Natural Resources Defense Council v. Jackson, 650 
F.3d 662, 666 (7th Cir. 2011) (``The two-in-ten rule, for example, 
might allow a business to increase average emissions, but does it? So 
far, we have no answer to that question, either from actual experience 
in adopting states or through efforts to test a model by 
retrodiction.'') (emphases in original). As explained in depth in the 
Supplemental Analysis, EPA has concluded that any emissions increases 
made possible by the ten-year lookback will be balanced by emissions 
reductions elsewhere as part of the overall NSR Reform.
    4. Any source modification that, because of the changes to the 
baseline calculation, would avoid major NSR would nevertheless be 
evaluated on a case-by-case basis under the minor source permitting 
program in Colorado that is in place to maintain or make

[[Page 21468]]

progress towards attainment of the National Ambient Air Quality 
Standards (NAAQS). While it is true that Colorado's minor source 
permitting program does not require Best Available Control Technology 
(BACT), in actual practice Colorado has a track record of progress 
towards attainment of the NAAQS given that it currently attains all 
NAAQS except ozone.\5\ Furthermore, within the ozone nonattainment 
area, the minor source permitting program in Colorado requires 
Reasonably Available Control Technology (RACT) for stationary sources. 
The commenters' failure to consider this RACT requirement in their 
analysis of the 2-in-10 baseline calculation contributes to an 
unrealistically inflated hypothetical emissions increase due to the 
revised baseline calculation.
---------------------------------------------------------------------------

    \5\ In the case of ozone, the State has attaining data in 
relation to the 1997 8-hour standard and has a recently approved 
attainment demonstration SIP for this standard. See the response to 
Comment No. 3 below for more information regarding the ozone 
attainment status in Colorado.
---------------------------------------------------------------------------

    With respect to the fact that a facility may select a different 
two-year baseline period for each pollutant, NSR applicability has long 
been evaluated on a pollutant-by-pollutant basis, and the NSR Reform 
rule did not change this. Whether a modification results in a net 
emissions increase exceeding significance thresholds is determined on a 
pollutant-by-pollutant basis, and BACT (or, where appropriate, Lowest 
Achievable Emission Rate (LAER)) is determined on a pollutant-by-
pollutant basis. Different pollutants may be generated by different 
equipment or production processes within a facility. When comparing 
emissions from different years, it is not unusual for a facility to 
have a higher level of one pollutant than another in a given year, and 
then the reverse relationship in a subsequent year. In many such cases, 
the reason is simply that the facility operates several different 
processes (e.g., associated with several different products or 
operations) with different emissions characteristics, and, due to 
variations in product cycles, the facility runs different processes or 
production lines more in some years than others. Moreover, the facility 
may use entirely different control technologies to control different 
pollutants. It is therefore not unreasonable to calculate a facility's 
emissions increase and net emissions increase for a particular 
pollutant with respect to the baseline actual emissions for that 
pollutant, even if the variability of emissions of that pollutant 
differs from that of another pollutant emitted at the same facility. 
Moreover, the commenters have not provided any specific data suggesting 
that allowing a facility to select its baseline period on a pollutant-
by-pollutant basis, rather than requiring a facility to use a single 
two-year baseline period for all regulated NSR pollutants, will 
actually result in emissions increases in Colorado.
    Finally, with respect to startup, shutdown, and malfunction, 
Regulation No. 3, in accordance with the federal regulation, defines 
``Projected Actual Emissions'' as including ``emissions associated with 
startups, shutdowns, and malfunctions.'' See Regulation No. 3, Part D, 
Paragraph II.A.36.b.(ii). Thus, startup, shutdown, and malfunction are 
included in both the calculation of both baseline actual emissions and 
projected actual emissions. With respect to the exclusion for ``non-
compliant emissions that occurred while the source was operating above 
any emission limitation,'' the application of this exclusion is 
straightforward. The calculation of baseline actual emissions cannot 
include periods of time when those emissions exceed an emissions 
limitation. Whether enforcement action has been taken is irrelevant for 
purposes of calculating the baseline actual emissions.

2. Revised Applicability Test

    The commenters argue that the revised applicability test would 
allow existing sources to substantially increase emissions without 
undergoing NSR. Specifically, the commenters object to (1) extending 
the actual-to-projected-actual test to all sources, and (2) excluding 
emissions associated with increased demand (so long as the facility 
could have accommodated that growth before the modification).
    We disagree that these changes will result in substantial emissions 
increases. The commenters provide no Colorado-specific information in 
support of these arguments, and consequently our response relies on the 
NSR Reform rulemaking record.
    With regard to the actual-to-projected actual test, EPA concluded 
that ``the environmental impacts of the switch to the actual-to-
projected actual test are likely to be environmentally beneficial. 
However, as with the change to the baseline, the vast majority of 
sources, including new sources, new units, electric utility steam 
generating units, and units that actually increase emissions as a 
result of a change, will be unaffected by this change. Thus, the 
overall impacts of the NSR changes are likely to be environmentally 
beneficial, but only to a small extent.'' Supplemental Analysis at 14, 
Appendix G; see also 67 FR 80186, 80196.
    With regard to the demand growth exclusion, the commenters' 
arguments have been addressed in the NSR Reform rulemaking. See 67 FR 
80186, 80202-03; see also New York, 413 F.3d at 31-33.

3. Plantwide Applicability Limits

    The commenters argue that the PAL provisions would allow existing 
sources to substantially increase emissions without undergoing NSR.
    We disagree that the PAL provisions will result in substantial 
emissions increases. The commenters provide no Colorado-specific 
information in support of these arguments, only a Colorado-specific 
example to illustrate the non-controversial statement that potential-
to-emit can be larger than actual emissions. (comment 0020.18 in 
docket). Consequently, our response relies on the NSR Reform rulemaking 
record.
    The Supplemental Analysis explained that ``EPA expects that the 
adoption of PAL provisions will result in a net environmental benefit. 
Our experience to date is that the emissions caps found in PAL-type 
permits result in real emissions reductions, as well as other 
benefits.'' Supplemental Analysis at 6. EPA further explained that:

    Although it is impossible to predict how many and which sources 
will take PALs, and what actual reductions those sources will 
achieve for what pollutants, we believe that, on a nationwide basis, 
PALs are certain to lead to tens of thousands of tons of reductions 
of VOC from source categories where frequent operational changes are 
made, where these changes are time sensitive, and where there are 
opportunities for economical air pollution control measures. These 
reductions occur because of the incentives that the PAL creates to 
control existing and new units in order to provide room under the 
cap to make necessary operational changes over the life of the PAL.

Supplemental Analysis at 7. The Supplemental Analysis, and particularly 
Appendix B, provides additional details regarding EPA's analysis of 
PALs and anticipated associated emissions decreases. See also 67 FR 
80186, 80214-22; New York, 413 F.3d at 36-38.
    Comment No. 2: EPA's proposed approval contravenes the CAA's 
General Savings Clause set forth in section 193 of the Act.
    EPA Response No. 2: EPA's response to the section 193 issues raised 
by the commenters involves many of the same elements of the response 
above to the section 110(l) comments, which is also incorporated by 
reference here. Section 193 states (in relevant part) that ``[n]o 
control requirement in effect, or required to be adopted by an order, 
settlement agreement, or plan in effect before November 15, 1990, in 
any area

[[Page 21469]]

which is a nonattainment area for any air pollutant may be modified 
after November 15, 1990, in any manner unless the modification insures 
equivalent or greater emission reductions of such air pollutant.'' 42 
U.S.C. 7515.
    Assuming for purposes of this discussion that section 193 does 
apply to the instant action,\6\ as discussed earlier in this notice, 
EPA has previously determined and explained in the Supplemental 
Analysis that implementation of the 2002 NSR Reform Rule provisions 
still in effect (that is, those not vacated by the DC Circuit) are 
expected to have at least a neutral environmental effect. EPA has no 
information indicating that findings associated with EPA's Supplemental 
Analysis would not apply in Colorado--that is, that Colorado's SIP 
revisions would not have at least a neutral (and possibly a modest 
beneficial) environmental effect.
---------------------------------------------------------------------------

    \6\ Of course, section 193 does not apply at all outside the 
Denver Metropolitan Ozone Nonattainment Area.
---------------------------------------------------------------------------

    Therefore, even if section 193 does apply to this action, EPA does 
not agree with the commenters' assertions that the SIP revisions 
approved in this action raise a section 193 concern. EPA is simply 
approving Colorado's SIP revisions that adopt rules equivalent to the 
federal rules, and, as discussed earlier in this notice, the 
Supplemental Analysis that EPA developed to support adoption of the 
federal rules suggests that the effects of the revised rules will be at 
least neutral. The Colorado SIP will continue to operate with the full 
suite of NSR-related elements, including a comprehensive minor source 
program.
    Comment No. 3: EPA's proposed approval will interfere with the 
ozone attainment demonstration (with respect to the 1997 8-hour ozone 
standard) for the Denver Metro area and interfere with the Early Action 
Compact (EAC).
    EPA Response No. 3: These comments are no longer relevant since 
much has changed regarding the EAC and Denver's ozone attainment status 
between now and when the EPA first proposed approval of NSR Reform for 
Colorado.
    Denver failed to meet the requirements of the EAC and, as of 
November 2007, was designated nonattainment for the 1997 8-hour ozone 
standard. Since that time, EPA has approved a SIP revision (76 FR 
47443) for the State of Colorado that includes an attainment 
demonstration by November 2010 for the Denver Metro Area. Ambient air 
monitoring data also supports the attainment demonstration, with no 
ozone monitors in the Denver Metro Area showing a violation of the 1997 
8-hour ozone standard using design values from 2007-2009 (82 ppb) or 
from 2008-2010 (78 ppb). Preliminary data from 2009-2011 also shows 
attainment with respect to the 1997 8-hour ozone standard.
    Comment No. 4: Colorado is preparing to make substantial revisions 
to its Inspection & Maintenance (I/M) program that will further 
undermine the ozone attainment demonstration for the Denver Metro Area.
    EPA Response No. 4: The comment is outside the scope of this action 
since EPA did not propose to take any action with respect to Colorado's 
I/M program. Furthermore, many aspects of the I/M program in the Denver 
Metro Area/North Front Range have changed since this comment was 
originally made. On September 25, 2006, the State of Colorado submitted 
a SIP submittal for the CAA section 175A(b) second 10-year carbon 
monoxide (CO) maintenance plans for the Denver metropolitan and 
Longmont areas. This SIP submittal also included revisions to 
Colorado's Regulation Number 11 which included the removal of the I/M 
program in both carbon monoxide maintenance areas. EPA approved these 
second 10-year maintenance plan SIP revisions on August 17, 2007 (see 
72 FR 46148). However, in our August 17, 2007 action, we drew special 
attention to the point that the I/M program would continue in both 
areas for purposes of the ozone element of the SIP: ``* * * the removal 
of the I/M program from Denver's revised CO maintenance plan does not 
mean the I/M program is eliminated. The State relies on the I/M program 
in the Denver's 1-hour ozone maintenance plan and Denver's 8-hour ozone 
Early Action Compact (EAC). Therefore, the motor vehicle I/M program 
will remain intact in the Denver-metro area.'' (72 FR 46155, August 17, 
2007). We also note that we had previously approved Fort Collins' and 
Greeley's revised CO maintenance plans which also involved the removal 
of the Basic I/M program from the SIP for both areas (see 68 FR 43316, 
July 22, 2003 and 70 FR 48650, August 19, 2005, respectively). Those 
actions effectively eliminated Basic I/M in Larimer and Weld Counties; 
however, we note that those basic I/M programs had only been in place 
for purposes of CO emission reductions.
    Colorado has submitted two other SIP revisions, after our August 
17, 2007 Federal Register action, that involve amendments to Regulation 
Number 11. Those revisions involve a low emitter index (LEI) of 
vehicles with respect to the Clean Screen element of Regulation Number 
11 and to eliminate obsolete provisions for gasoline filter neck 
inspections and CFC (refrigerant) leak checks. The latter submittal has 
since been withdrawn by the State and we have not acted on the LEI 
submittal yet. However, we do note that since our most recent action to 
Federally approve revisions to Colorado's Regulation Number 11 (see 72 
FR 46148, August 17, 2007), Colorado has reinstated the I/M programs in 
Larimer and Weld Counties for the purpose of reducing ozone precursor 
emissions. These I/M programs contain State-only enforceable provisions 
and the re-implementation of the I/M programs began on November 1, 
2010. These State-only I/M expansion provisions for Larimer and Weld 
Counties appear in Colorado's Regulation Number 11, Motor Vehicle 
Emissions Inspection Program, 5 CCR 1001-13, current as State-adopted 
on January 20, 2011; State-effective on March 2, 2011. We note that EPA 
has approved an attainment demonstration of the 1997 8-hour ozone NAAQS 
for the Denver Metro Area/North Front Range (76 FR 47443, August 5, 
2011) and this attainment demonstration included ozone precursor 
emission reductions from the continued implementation of Colorado's 
Federally-approved I/M program. Furthermore, as stated above, ambient 
data shows attaining monitors using design values from 2007-2009 (82 
ppb) and from 2008-2010 (78 ppb). Preliminary data from 2009-2011 also 
shows attainment with respect to the 1997 8-hour ozone standard.
    Comment No. 5: Title 1, Part C, Section 160 of the CAA states that 
air quality in national parks must be protected. It is contrary to this 
CAA section for EPA to approve a rule revision that would increase air 
pollution in Colorado's Class I areas. Section 110(l) is proof that 
such a SIP revision should not be approved.
    EPA Response No. 5: EPA's response to the air quality in national 
parks issue raised by the commenters involves many of the same elements 
of the response above to the section 110(l) comments, which is also 
incorporated by reference here. EPA's national analysis in support of 
the 2002 NSR Reform Rules indicates that the non-vacated provisions of 
the NSR Reform Rules will have a neutral or beneficial impact.
    The primary issue raised by the commenters was the impact of 
nitrogen deposition in Rocky Mountain National Park (RMNP) which 
resides fully within the boundaries of Colorado. The commenters 
incorporate by reference a September 1, 2004 petition to the

[[Page 21470]]

Department of Interior (DOI) from Colorado Trout Unlimited and 
Environmental Defense. The petition asks DOI to ``[c]all for the EPA 
and the State of Colorado to fulfill their legal responsibilities to 
lower NOX and Ammonia to protect human health, plants and 
ecosystems, and scenic vistas at Rocky Mountain National Park and to 
fully mitigate nitrogen deposition above the identified critical 
load.'' Partly in response to this petition, a Memorandum of 
Understanding was signed by the National Park Service, EPA, and the 
CDPHE to form the RMNP Initiative. The agencies agreed to pursue a more 
in-depth review of the issues related to nitrogen deposition in RMNP 
and a course of action to address them. As a result, the Initiative 
formulated the ``Nitrogen Deposition Reduction Contingency Plan'' which 
was endorsed by the Colorado Air Quality Control Commission (AQCC) on 
June 17, 2010. The plan includes goals for reducing nitrogen deposition 
incrementally over 5 year periods with contingencies in place should 
these goals not be reached.
    In addition to the contingency measures adopted by the multi-agency 
plan, it is expected that current and future ozone planning in Colorado 
should positively impact nitrogen deposition in RMNP. Reduction in 
ozone precursors (e.g. NOX) that result from the control 
measures adopted in Colorado's recent federally approved ozone 
attainment demonstration SIP will also contribute to a reduction of 
nitrogen deposition in RMNP.
    Furthermore, Colorado is subject to the Protection of Visibility 
requirements at 40 CFR part 51, subpart P, including the Reasonably 
Attributable Visibility Impairment (RAVI) requirements, the Regional 
Haze requirements, and the Grand Canyon Visibility Transport Commission 
requirements. Each of these programs requires Colorado to achieve a 
variety of emissions reductions aimed at protecting visibility in 
national parks and other Class I areas. In particular, EPA expects that 
Colorado's SIP revision submission to meet the Regional Haze 
requirements, including both the Best Available Retrofit Technology 
(BART) controls and the long-term strategy for regional haze, will 
provide NOX reductions that will reduce the nitrogen 
deposition in RMNP.

III. Final Action

    EPA is approving portions of Colorado's revisions to Regulation No. 
3, submitted by Colorado on July 11, 2005 and October 25, 2005, that 
relate to the PSD and NSR construction permits program. These revisions 
meet the minimum program requirements of the December 31, 2002, EPA NSR 
Reform rulemaking. Several of the remaining revisions made by Colorado 
to Regulation No. 3 as adopted on April 16, 2004 by the Colorado AQCC 
are being acted on by EPA in a separate final action related to 
Colorado's Interstate Transport SIP (see proposed action at 76 FR 
21835, April 19, 2011).

IV. Statutory and Executive Order Reviews

    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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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 action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    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. 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. section 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. 
section 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 June 11, 2012. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 21471]]

matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: December 21, 2011.
James B. Martin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.320 is amended by adding paragraph (c)(122) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (122) The State of Colorado submitted revisions October 25, 2005 to 
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A and Colorado's 5 
CCR 1001-5 Regulation Number 3, Part D. The October 25, 2005 submittal 
included language changes and renumbering of Regulation Number 3. The 
incorporation by reference in ((i)(A) and (i)(B) reflects the 
renumbered sections and language changes as of the October 25, 2005 
submittal.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and 
Air Contaminant Emission Notice Requirements, Part A, Concerning 
General Provisions Applicable to Reporting and Permitting, adopted 
April 16, 2004 and effective June 30, 2004:
    Section I, Applicability, Sections I.B, Definitions; I.B.7, 
Allowable Emissions; I.B.13, Continuous Emissions Monitoring System 
(CEMS); I.B.14, Continuous Emissions Rate Monitoring Systems (CERMS); 
I.B.15, Continuous Parameter Monitoring System (CPMS); I.B.33, 
Pollution Prevention; I.B.35, Potential to Emit; I.B.36, Predictive 
Emissions Monitoring System (PEMS); adopted April 16, 2004 and 
effective June 30, 2004.
    (B) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and 
Air Contaminant Emission Notice Requirements, Part D, Concerning Major 
Stationary Source New Source Review and Prevention of Significant 
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
    (1) Section I, Applicability,
    (i) I.A., General Applicability; I.A.2; I.A.3;
    (ii) I.B, Applicability Tests; I.B.1; I.B.2; I.B.4 (except the 
final sentence beginning, ``For example[hellip]''); I.B.5;
    (iii) I.C;
    (2) Section II, Definitions,
    (i) II.A;
    (ii) II.A; II.A.1, Actual Emissions; II.A.1.a (only the language 
that appears as plain or italicized text); II.A.1.c (only the language 
that appears as plain text); II.A.1.d;
    (iii) II.A.2, Actuals PAL;
    (iv) II.A.4, Baseline Actual Emissions;
    (v) II.A.7, Begin Actual Construction;
    (vi) II.A.9, Clean Coal Technology;
    (vii) II.A.10, Clean Coal Technology Demonstration Project;
    (viii) II.A.13, Construction;
    (ix) II.A.14, Emissions Unit;
    (x) II.A.15, Electric Utility Steam Generating Unit;
    (xi) II.A.17, High Terrain;
    (xii) II.A.18, Hydrocarbon Combustion Flare;
    (xiii) II.A.20, Low Terrain;
    (xiv) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.b 
(only the language that appears as plain or italicized text);
    (xv) II.A.22, Major Emissions Unit;
    (xvi) II.A.23, Major Modification (only the language that appears 
as plain and italicized text); II.A.23.d.(iii); II.A.23.d(x); 
II.A.23.d(xi); II.A.23.e;
    (xvii) II.A.25, Major Stationary Source; II.A.25.b (only the 
language that appears as plain or italicized text);
    (xviii) II.A.27, Net Emissions Increase; II.A.27.a.(i) (only the 
language that appears as plain or italicized text); II.A.27.a.(ii); 
II.A.27.b; II.A.27.g.(iii) (only the language that appears as plain or 
italicized text); II.A.27.i;
    (xix) II.A.28, Nonattainment Major New Source Review (NSR) Program;
    (xx) II.A.29, PAL Effective Date;
    (xxi) II.A.30, PAL Effective Period;
    (xxii) II.A.31, PAL Major Modification;
    (xxiii) II.A.32, PAL Permit;
    (xxiv) II.A.33, PAL Pollutant;
    (xxv) II.A.34, Plantwide Applicability Limitation (PAL);
    (xxvi) II.A.36, Prevention of Significant Deterioration (PSD) 
Permit;
    (xxvii) II.A.37, Project;
    (xxviii) II.A.38, Projected Actual Emissions;
    (xxvix) II.A.39, Reactivation of Very Clean Coal-fired Electric 
Utility Steam Generating Unit;
    (xxx) II.A.41, Replacement Unit;
    (xxxi) II.A.42, Repowering;
    (xxxii) II.A.43, Secondary Emissions;
    (xxxiii) II.A.46, Significant Emissions Unit;
    (xxxiv) II.A.47, Small Emissions Unit;
    (xxxv) II.A.48, Temporary Clean Coal Technology Demonstration 
Project;
    (3) Section V, Requirements Applicable to Nonattainment Areas, 
V.A.7.c (except for the phrases, ``a Clean Unit or at'', ``a reasonable 
possibility that'', and ``may result in a significant emissions 
increase''); V.A.7.d;
    (4) Section VI, Requirements applicable to attainment and 
unclassifiable areas and pollutants implemented under section 110 of 
the Federal Act (Prevention of Significant Deterioration Program), 
Sections VI.A.1.c (only the language that appears as plain or 
italicized text); VI.B.5 (except for the phrases, ``a Clean Unit or 
at'', ``a reasonable possibility that'', and ``may result in a 
significant emissions increase''); VI.B.6;
    (5) Section XVII, Actuals PALs; adopted April 16, 2004 and 
effective June 30, 2004.

[FR Doc. 2012-8349 Filed 4-9-12; 8:45 am]
BILLING CODE P