[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47380-47383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0446; FRL-9969-46--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revisions to Regulation Number 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a portion of the State Implementation Plan (SIP) 
revisions submitted by the State of Colorado on February 25, 2015. The 
revisions are to Colorado Air Quality Control Commission (Commission) 
Regulation Number 3, Parts A, B and D. The amendments the EPA is taking 
final action on include: Revisions to provisions for permitting 
emissions for particulate matter less than 2.5 micrograms 
(PM2.5) in Part D, modifications to the provisions for 
filing revised Air Pollution Emission Notices (APEN) in Part A and 
updates to public notice publication requirements in Part B. This 
action is being taken under section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective on November 13, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2017-0446. All documents in 
the docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado, 80202-1129. The EPA requests that 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, 8:00 a.m. to 4:00 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

Revisions to PM2.5 Significant Impact Level (SIL) and 
Significant Monitoring Concentration (SMC) Provisions

    Colorado's SIP submittal revises the SIL and SMC provisions for 
PM2.5 in the State's Prevention of Significant Deterioration 
(PSD) permitting program. Our proposed rulemaking, which was published 
on August 18, 2017, details the relevant court decisions and the EPA's 
corresponding rulemakings regarding PM2.5 SILs and SMCs (See 
82 FR 39396). As explained in our proposal notice, Colorado's submittal 
is consistent with EPA's revised rules.

Revisions to APEN Reporting

    Colorado has revised its APEN reporting requirements to clarify 
when a revised APEN is required due to a significant change in annual 
actual emissions. The revision would clarify that the thresholds for 
determining significant changes are based on an individual emission 
unit's actual emissions on a pollutant-by-pollutant basis, not on 
facility-wide emissions. This revision simplifies and streamlines the 
requirements for filing revised APENs because the source's actual 
annual emissions are the relevant information for inventory and fee 
purposes when reporting past years' emissions or reporting significant 
changes in annual actual emissions. Our proposed rulemaking outlines 
the rationale for this revision and provides a detailed example of the 
revision.

Revisions to Public Notice Requirements

    Previously Part B, Section III.C.4., required the State to publish 
public notice of certain proposed minor source construction permit 
applications, including sources that apply for a permit to limit the 
potential to emit criteria pollutants, in a newspaper of general 
distribution in the area where the proposed project will be located or 
by other such method reasonably designed to ensure effective public 
notice. We are approving Colorado's revision to include other means 
authorized by state statute and federal regulation that are designed to 
provide public notice of the applicable permitting action. Please see 
the notice for our proposed rulemaking for details.

II. Response to Comment

    No comments were received on our August 18, 2017 notice of proposed 
rulemaking.

III. What are the changes that EPA is taking final action to approve?

    The EPA is taking final action to approve a portion of the SIP 
revisions as submitted by Colorado on February 25, 2015, pertaining to 
PM2.5 SILs and SMCs. As explained in our proposed 
rulemaking, these changes meet the requirements under CAA section 
110(l), which states that the EPA cannot approve a SIP revision that 
interferes with any requirement concerning attainment, reasonable 
further progress, or any other applicable requirement of the Act. The 
revisions to the PSD program in Part D, Regulation Number 3 comply with 
the requirements of 40 CFR 51.166 as revised by the EPA in response to 
the D.C. Circuit Court of Appeals decision regarding PM2.5 
SILs and SMCs. See 78 FR 73698.
    The EPA is taking final action to approve a portion of the SIP 
revisions as submitted by Colorado on February 25, 2015, pertaining to 
revisions to Colorado's APEN requirements. These revisions, as outlined 
in our proposed rulemaking, comply with section 110(l) because the 
revisions are limited to the

[[Page 47381]]

filing of revised APENs that are designed to update Colorado's 
emissions inventory or used to calculate emissions fees.
    The revisions to the public notice minor source permitting 
requirements comply with section 110(l) because, we find that the 
revisions are consistent with our regulations regarding public notice 
for minor NSR programs. As explained in detail in our proposal, the EPA 
interprets the public notice requirements in 40 CFR 51.162 for minor 
NSR programs to allow for any publishing venue for which it is 
reasonable to conclude the public has routine and ready access.
    For the reasons expressed above and in our proposed rulemaking, the 
EPA is taking final action to approve revisions to Regulation Number 3, 
Parts A, B and D and Appendix A in the February 25, 2015 submittal as 
shown in Table 1 below. Appendix A was revised as a conforming change 
to the APEN revisions. We are also approving the renumbering and 
formatting changes for the definition of ``emission unit'' in 
Regulation Number 3, Part D, I.A.13.a.; and II.A.13.a.(i)-(ii).

        Table 1--List of Colorado Revisions That EPA Is Approving
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    Revised Sections in February 10, 2015 Submission Final Action for
                                Approval
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Regulation Number 3, Part A:
  II.C.2.b.(i)-(iii); and II.C.4.a. and b.
  Appendix A.
Regulation Number 3, Part B:
  III.C.4.
Regulation Number 3, Part D:
  II.A.13.a.(i)-(ii); VI.A.2.c.; and VI.B.3.a.(iii).
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    The EPA is not acting on revisions from Colorado's February 25, 
2015 submittal related to greenhouse gas and carbon dioxide equivalent 
(CO2e) revisions and the associated renumbering which was a result of 
Colorado's proposed greenhouse gas revisions in Parts A and D. These 
revisions will be acted on in a separate rulemaking.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Colorado rules as described in the amendments to 40 CFR part 52 set 
forth in this document. The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and/or 
at the EPA Region 8 office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
in a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 11, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 47382]]


    Dated: September 27, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 in paragraph (c) is amended as follows:
0
a. By revising, under the centered heading ``5 CCR 1001-05, Regulation 
Number 3, Part A, Concerning General Provisions Applicable to Reporting 
and Permitting'' the table entries for ``II.'' and ``Appendix A.''
0
b. By revising, under the centered heading ``5 CCR 1001-05, Regulation 
Number 3, Part B, Concerning Construction Permits'' the table entry for 
``III.''
0
c. By revising, under the centered heading ``5 CCR 1001-5, Regulation 
Number 3, Part D, Concerning Major Stationary Source New Source Review 
and Prevention of Significant Deterioration'' the table entries for 
``II.'' and ``VI.''
    The revisions read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

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                                         State       EPA effective  Final rule  citation/
               Title                effective date       date                date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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 5 CCR 1001-5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
II. Air Pollutant Emission Notice       10/15/2014      11/13/2017  [Insert Federal
 (APEN) Requirements.                                                Register citation],
                                                                     10/12/2017.
 
                                                  * * * * * * *
Appendix A, Method for Determining      10/15/2014      11/13/2017  [Insert Federal
 De Minimis Levels For Non-                                          Register citation],
 Criteria Reportable Pollutants.                                     10/12/2017.
 
                                                  * * * * * * *
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                   5 CCR 1001-5, Regulation Number 3, Part B, Concerning Construction Permits
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                                                  * * * * * * *
III. Construction Permit Review         10/15/2014      11/13/2017  [Insert Federal
 Procedures.                                                         Register citation],
                                                                     10/12/2017.
 
                                                  * * * * * * *
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 5 CCFR 1001-5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
                                          of Significant Deterioration
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                                                  * * * * * * *
II. Definitions...................      10/15/2014      11/13/2017  [Insert Federal        Except II.A.26.d.,
                                                                     Register citation],    the phrase ``and
                                                                     10/12/2017.            only PM2.5 emissions
                                                                                            can be used to
                                                                                            evaluate the net
                                                                                            emissions increase
                                                                                            for PM2.5''
 
                                                  * * * * * * *
VI. Requirements applicable to          10/15/2014      11/13/2017  [Insert Federal        Except for VI.A.1.c.,
 attainment and unclassifiable                                       Register citation],    the phrase ``for
 areas and pollutants implemented                                    10/12/2017.            phases that commence
 under Section 110 of the Federal                                                           construction more
 Act (Prevention of Significant                                                             than 18 months after
 Deterioration Program).                                                                    the initial granting
                                                                                            of the permit'';
                                                                                            VI.A.2., the phrase
                                                                                            ``either Section
                                                                                            VI.A.2.a. or b., as
                                                                                            clarified for any
                                                                                            relevant air
                                                                                            pollutant, in
                                                                                            Section
                                                                                            VI.B.3.a.(iii) in
                                                                                            reference to PM2.5
                                                                                            monitoring
                                                                                            exemption; and
                                                                                            VI.B.3.d.
 
                                                  * * * * * * *
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[FR Doc. 2017-21952 Filed 10-11-17; 8:45 am]
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