[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 18991-18993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0593; FRL-9992-97-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 State Implementation Plan (SIP) revisions submitted 
by the State of Colorado on February 25, 2015, and May 24, 2017. These 
SIP revisions are necessary for Colorado to address current federal 
prevention of significant deterioration (PSD) and nonattainment new 
source review (NSR) regulations. In this rulemaking, we are taking 
final action on all portions of the February 25, 2015, and May 24, 2017 
submittals, except for those portions of the submittal which have been 
previously acted on or do not belong in the SIP. The intended effect of 
this action is to bring Colorado's PSD and nonattainment NSR permitting 
programs in line with federal requirements. This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective on June 3, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0593. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

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

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The EPA is taking final action to approve all revisions as 
submitted by the State of Colorado on February 25, 2015, and May 24, 
2017, with the exception of the revisions that we have previously acted 
on or proposed to not act on, as outlined in section I. of our proposed 
rulemaking published on February 28, 2019 (84 FR 6732). On October 12, 
2017 (82 FR 47380), we approved the following provisions that were part 
of the February 25, 2015 submittal: (1) Colorado's revisions to fine 
particulate matter (PM2.5), significant impact levels (SILs) 
and significant monitoring concentration (SMC) provisions; (2) 
Revisions to Colorado's air pollution emission notices; and (3) 
Revisions to public notice requirements.
    This final action approves the remaining revisions in the February 
25, 2015 submittal that include revisions to the State's PSD program in 
Regulation Number 3, the definitions of carbon dioxide equivalent 
(CO2e) and regulated NSR pollutant, and the addition of plantwide 
applicability limit (PAL) provisions for greenhouse gases (GHGs). On 
March 24, 2017, the State submitted two sets of SIP revisions to 
Regulation Number 3: The first pertaining to regulatory changes 
necessary in response to the June 23, 2014 U.S. Supreme Court decision 
in Utility Air Regulatory Group v. EPA; and the second addresses 
nonattainment NSR applicability in (among other things) ozone 
nonattainment areas that have been classified or reclassified as 
serious, severe or extreme. We proposed to approve those revisions in 
the February 28, 2019 rulemaking and are now taking final action to 
approve them.
    We provided a detailed explanation of the bases for our proposed 
approval in our February 28, 2019 rulemaking, which will not be 
restated here. See 84 FR 6732. We invited comment on all aspects of our 
proposal and provided a 30-day comment period. The comment period ended 
on April 1, 2019.

II. Response to Comments

    We received no comments during the public comment period.

III. Final Action

    As outlined in our proposed rulemaking, the EPA is taking final 
action to approve the addition of new and revised rules to Regulation 3 
that were submitted by Colorado on February 25, 2015, and May 24, 2017.
    Specifically, we are taking final action to approve the following 
revisions: Regulation Number 3, Part A: I. (Applicability)--I.B.10., 
I.B.23., I.B.25.c., I.B.28., I.B.28e., I.B.43., I.B.44.b., I.B.44.c., 
I.B.44.e.; V. (Certification And Trading Of Emission Reduction Credits 
Offset And Netting Transactions)--V.C.6., V.C.7., V.C.8., V.C.12., 
V.I.1; VI. (Fees)--VI.C.1.c, VI.C.1.; Regulation Number 3, Part D: I. 
(Applicability)--I.A.2., I.A.3.; I.B.1., I.B.2., I.B.3., I.C.; II. 
(Definitions)--II.A.I.d., II.A.2., II.A.4., II.A.4.e., II.A.4.f., 
II.A.5.c., II.A.13.a., II.A.13.a.(i)-(ii), II.A.13.b., II.A.13.b.(i)-
(ii), II.A.16.-22., II.A.22.a.-c., II.A.23.-31. II.A.32.-35., II.A.36.-
39., II.A.40.a.-c., II.A.40.d., II.A.40.e.-g., II.A.41.-45., II.A.46., 
II.A.46.a.-b., II.A.47., II.A.47.a.-b., II.A.48.; V. (Requirements 
Applicable to Nonattainment Areas)--V.A.3.c., V.A.7.c., 
V.A.7.c.(i)(C)., V.A.7.c.(v); VI. (Requirements applicable to 
attainment

[[Page 18992]]

and unclassifiable areas and pollutants implemented under Section 110 
of the Federal Act (Prevention of Significant Deterioration Program))--
VI.A.6.,VI.B.5., VI.B.5.a.(iii),VI.B.5.e.; XV (Actual PALs)--XV.A.1., 
XV.A.2., XV.A.2.c.-d., XV.A.3., XV.B., XV.B.1., XV.B.4., XV.C.1., 
XV.C.1.a., XV.C.1.d., XV.C.1.g, XV.D., XV.E.1., XV.E.6., XV.E.6.a.-c., 
XV.F.1., XV.F.3., XV.F.5., XV.F.6., XV.F.7., XV.F.11, XV.G.2.b., 
XV.H.1.a., XV.H.4., XV.H.5., XV.I.1., XV.I.2., XV.I.4.c.(i)-(ii). 
XV.J.1., XV.J.1.a.-b., XV.K.1.a, XV.N.1.b, XV.N.1.d., and XV.N.2.

IV. Incorporation by Reference

    In this document, 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 
State of Colorado's revisions to its State Implementation Plan as 
described in section III. of this preamble. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). 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 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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 CAA; 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).
    In addition, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
Organic Compounds.

    Dated: April 29, 2019.
Debra Thomas,
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 for citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. In Sec.  52.320, the table in paragraph (c) is amended:
0
a. Under the center heading ``5 CCR 1001-05, Regulation Number 3, Part 
A, Concerning General Provisions Applicable to Reporting and 
Permitting'' by revising entries I, V, and VI; and
0
b. Under the center heading ``5 CCR 1001-05, Regulation Number 3, Part 
D, Concerning Major Stationary Source New Source Review and Prevention 
of Significant Deterioration'' by revising entries I, II, V, VI, and 
XV.
    The revisions read as follows:


Sec.  52.320   Identification of plan.

* * * * *
    (c) * * *

[[Page 18993]]



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                                         State       EPA effective   Final rule citation/
               Title                effective date       date                date                 Comments
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                                                  * * * * * * *
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5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------
I. Applicability..................      10/15/2014        6/3/2019  [Insert Federal
                                         3/16/2016                   Register citation].
                                                                     5/3/2019.
 
                                                  * * * * * * *
 
V. Certification and Trading of         10/15/2014        6/3/2019  [Insert Federal
 Emission Reduction Credits Offset                                   Register citation].
 and Netting Transactions.                                           5/3/2019.
VI. Fees..........................      10/15/2014        6/3/2019  [Insert Federal
                                                                     Register citation].
                                                                     5/3/2019.
 
                                                  * * * * * * *
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 5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
                                          of Significant Deterioration
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                                                  * * * * * * *
 
I. Applicability..................      10/15/2014        6/3/2019  [Insert Federal
                                                                     Register citation].
                                                                     5/3/2019.
II. Definitions...................      10/15/2014        6/3/2019  [Insert Federal
                                         3/16/2016                   Register citation].
                                                                     5/3/2019.
 
                                                  * * * * * * *
 
V. Requirements Applicable to           10/15/2014        6/3/2019  [Insert Federal
 Nonattainment Areas.                                                Register citation].
                                                                     5/3/2019.
VI. Requirements applicable to          10/15/2014        6/3/2019  [Insert Federal
 attainment and unclassifiable                                       Register citation].
 areas and pollutants implemented                                    5/3/2019.
 under Section 110 of the Federal
 Act (Prevention of Significant
 Deterioration Program).
 
                                                  * * * * * * *
 
XV. Actual PALs...................      10/15/2014        6/3/2019  [Insert Federal
                                                                     Register citation].
                                                                     5/3/2019.
 
                                                  * * * * * * *
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[FR Doc. 2019-09050 Filed 5-2-19; 8:45 am]
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