[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Proposed Rules]
[Pages 8997-9005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03170]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0931; FRL-9541-01-R8]


Air Plan Conditional Approval; Colorado; Revisions to Regulation 
Number 7 and Oil and Natural Gas RACT Requirements for 2008 8-Hour 
Ozone Standard for the Denver Metro/North Front Range Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
conditional approval of portions of State Implementation Plan (SIP) 
revisions submitted by the State of Colorado on May 14, 2018 and May 
13, 2020. The revisions are to Colorado Air Quality Control Commission 
(Commission or AQCC) Regulation Number 7 (Reg. 7), and address 
Colorado's SIP obligation to require reasonably available control 
technology (RACT) for sources covered by the 2016 oil & natural gas 
control techniques guidelines (CTG or CTGs) for Moderate nonattainment 
areas under the 2008 ozone National Ambient Air Quality Standard 
(NAAQS). These revisions address the final remaining pieces of the May 
14, 2018 and May 13, 2020 submittals that we have not previously acted 
on. The EPA is taking this action pursuant to the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 21, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0931, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information

[[Page 8998]]

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 electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6563, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. What action is the EPA proposing to take?

    As explained below, the EPA is proposing to conditionally approve 
various revisions to the Colorado SIP that were submitted to the EPA in 
two separate SIP submittals; one was received by the EPA on May 14, 
2018 and the other on May 13, 2020. In particular, we propose to 
conditionally approve into the SIP certain Reg. 7 rules to meet the 
2008 8-hour ozone NAAQS oil and gas CTG RACT requirements for Moderate 
nonattainment areas that were not acted on in our July 3, 2018,\1\ 
February 24, 2021,\2\ and November 5, 2021 \3\ rulemakings. This 
proposed conditional approval is based on the State's commitment to 
make specified further revisions to these rules, and submit them for 
approval into the SIP, to address deficiencies identified in our 
November 5, 2021 rulemaking.
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    \1\ Final Rule, Approval and Promulgation of State 
Implementation Plan Revisions; Colorado; Attainment Demonstration 
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front 
Range Nonattainment Area, and Approval of Related Revisions, 83 FR 
31068, 31069-31072.
    \2\ Final Rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7 and RACT 
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126-11127.
    \3\ Final Rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil 
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone 
Standard for the Denver Metro/North Front Range Nonattainment Area, 
86 FR 61071, 61072.
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    Under section 110(k)(4) of the CAA, the EPA may conditionally 
approve a plan based on a commitment from a state to adopt specific 
enforceable measures by a date certain no later than one year from the 
date of approval. The conditionally approved provisions are a part of 
the SIP and thus are federally enforceable as of the effective date of 
the final conditional approval. If the EPA conditionally approves the 
identified Reg. 7 rules, the State must meet its commitment to submit 
the necessary SIP revisions to the EPA by June 30, 2022. If the State 
fails to do so, this action will automatically become a disapproval on 
that date. If the State submits timely SIP revisions but the EPA finds 
the SIP submittal to be incomplete, this action will become a 
disapproval on the date of the EPA's incompleteness finding. In either 
case, the EPA will notify the State by letter that the conditional 
approval has converted to a disapproval, and as of the date of that 
notification the conditionally approved measures will no longer be a 
part of the approved Colorado SIP. The EPA subsequently will publish a 
document in the Federal Register notifying the public that the 
conditional approval converted to a disapproval.
    If the State submits the necessary SIP revisions by June 30, 2022, 
the conditionally approved provisions will remain a part of the SIP 
until the EPA approves or disapproves the new SIP revisions through 
notice-and-comment rulemaking. If the EPA takes final action approving 
the new revisions into the SIP, in the same final action the EPA will 
also convert the conditional approval to a full approval by making 
appropriate revisions to the description of the SIP in the Code of 
Federal Regulations. If the EPA disapproves the new SIP revisions, the 
conditional approval will convert to a disapproval, and the 
conditionally approved provisions will no longer be a part of the 
approved Colorado SIP.
    Any conditional approval action that converts to a disapproval will 
start an 18-month clock for application of mandatory sanctions under 
CAA section 179(b) and a two-year clock for the EPA to promulgate a 
Federal implementation plan under CAA section 110(c)(1). The basis for 
our proposed action is discussed in this proposed rulemaking. Technical 
information that we are relying on, as well as the State's October 20, 
2021 commitment letter, is in the docket, available at http://www.regulations.gov, Docket No. EPA-R08-OAR-2021-0931.

II. Background

2008 8-Hour Ozone NAAQS Nonattainment

    On March 12, 2008, the EPA revised both the primary and secondary 
NAAQS for ozone to a level of 0.075 parts per million (ppm) (based on 
the annual fourth-highest daily maximum 8-hour average concentration, 
averaged over 3 years), to provide increased protection of public 
health and the environment.\4\ The 2008 ozone NAAQS retains the same 
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but 
is set at a more protective level. Specifically, the 2008 8-hour ozone 
NAAQS is attained when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ambient air quality ozone concentrations 
is less than or equal to 0.075 ppm.\5\
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    \4\ Final rule, National Ambient Air Quality Standards for 
Ozone, 73 FR 16436 (March 27, 2008). The EPA has since further 
strengthened the ozone NAAQS, but the 2008 8-hour standard remains 
in effect. See Final Rule, National Ambient Air Quality Standards 
for Ozone, 80 FR 65292 (Oct. 26, 2015).
    \5\ 40 CFR 50.15(b).
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    Effective July 20, 2012, the EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data.\6\ With that 
rulemaking, the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado 
area (Denver or DMNFR Area) area was designated nonattainment and 
classified as Marginal.\7\ Ozone nonattainment areas are classified 
based on the severity of their ozone levels, as determined using the 
area's design value. The design value is the 3-year average of the 
annual fourth highest daily maximum 8-hour average ozone concentration 
at a monitoring site.\8\ Areas that were designated as Marginal 
nonattainment were required to attain the 2008 8-hour ozone NAAQS no 
later than July 20, 2015, based on 2012-2014 monitoring data.\9\
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    \6\ Final rule, Air Quality Designations for the 2008 Ozone 
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
    \7\ Id. at 30110. The nonattainment area for the 2008 ozone 
standard includes Adams, Arapahoe, Boulder, Broomfield, Denver, 
Douglas and Jefferson Counties, and portions of Larimer and Weld 
Counties. See 40 CFR 81.306.
    \8\ 40 CFR part 50, appendix I.
    \9\ See 40 CFR 51.903.
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    On May 4, 2016, the EPA published its determination that the Denver 
Area, among other areas, had failed to attain the 2008 8-hour ozone 
NAAQS by the attainment deadline, and that it was accordingly 
reclassified to Moderate ozone nonattainment status.\10\ Colorado

[[Page 8999]]

submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver 
Area's requirements under the Moderate classification.\11\ The EPA took 
final action on July 3, 2018, approving the majority of the May 31, 
2017 submittal, but deferring action on portions of the submitted Reg. 
7 RACT rules.\12\ On February 24, 2021, the EPA took final action 
approving additional RACT SIP obligations for Moderate ozone 
nonattainment areas.\13\
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    \10\ Final rule, Determinations of Attainment by the Attainment 
Date, Extensions of the Attainment Date, and Reclassification of 
Several Areas for the 2008 Ozone National Ambient Air Quality 
Standards, 81 FR 26697 (May 4, 2016).
    \11\ CAA section 182 outlines SIP requirements applicable to 
ozone nonattainment areas in each classification category. Areas 
classified Moderate under the 2008 8-hour ozone NAAQS had a 
submission deadline of January 1, 2017 for these SIP revisions. 81 
FR at 26699.
    \12\ 83 FR at 31068.
    \13\ 86 FR 11125.
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    Areas that were designated as Moderate nonattainment were required 
to attain the 2008 8-hour ozone NAAQS no later than July 20, 2018, 
based on 2015-2017 monitoring data.\14\ On December 26, 2019, the EPA 
published its determination that the Denver Area, among other areas, 
had failed to attain the 2008 8-hour ozone NAAQS by the attainment 
deadline, and that it was accordingly reclassified to Serious ozone 
nonattainment status.\15\
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    \14\ See 40 CFR 51.903.
    \15\ Final rule, Finding of Failure To Attain and 
Reclassification of Denver Area for the 2008 Ozone National Ambient 
Air Quality Standard, 84 FR 70897 (Dec. 26, 2019); see 40 CFR 
81.306.
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SIP Control Measures, Reg. 7

    Colorado's Reg. 7, entitled ``Control of Ozone via Ozone Precursors 
and Control of Hydrocarbons via Oil and Gas Emissions,'' contains 
general RACT requirements as well as specific emission limits 
applicable to various industries. The EPA approved the repeal and re-
promulgation of Reg. 7 in 1981,\16\ and has approved various revisions 
to parts of Reg. 7 over the years. In 2008, the EPA approved revisions 
to the control requirements for condensate storage tanks in Section 
XII,\17\ and later approved revisions to Reg. 7, Sections I through XI 
and Sections XIII through XVI.\18\ The EPA also approved Reg. 7 
revisions to Section XVII.E.3.a establishing control requirements for 
rich-burn reciprocating internal combustion engines.\19\ In 2018 the 
EPA approved Reg. 7 revisions in Sections XII (volatile organic 
compound (VOC) emissions from oil and gas operations) and XIII 
(emission control requirements for VOC emissions from graphic art and 
printing processes), as well as non-substantive revisions to numerous 
other parts of the regulation.\20\
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    \16\ Final rule, Colorado: Approval and Promulgation of State 
Implementation Plans, 46 FR 16687 (March 13, 1981).
    \17\ Final rule, Approval and Promulgation of Air Quality 
Implementation Plans; State of Colorado; Regulation No. 7, Section 
XII, Volatile Organic Compounds From Oil and Gas Operations, 73 FR 
8194 (Feb. 13, 2008).
    \18\ Final rule, Approval and Promulgation of State 
Implementation Plans; State of Colorado; Attainment Demonstration 
for the 1997 8-Hour Ozone Standard, and Approval of Related 
Revisions, 76 FR 47443 (Aug. 5, 2011).
    \19\ Final rule, Approval and Promulgation of Implementation 
Plans; State of Colorado; Regional Haze State Implementation Plan, 
77 FR 76871 (Dec. 31, 2012).
    \20\ See 83 FR at 31068, 31071.
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    In February 2021, the EPA approved Reg. 7 revisions in Sections I 
(Applicability), IX (Surface Coating Operations), X (Use of Cleaning 
Solvents), XIII (Graphics Arts and Printing), XVI (Controls of 
Emissions from Stationary and Portable Engines and Other Combustion 
Equipment in the 8-Hour Ozone Control Area), and XIX (Control of 
Emissions from Specific Major Sources of VOC and/or NOX in 
the 8-hour Ozone Control Area). Revisions to incorporation by reference 
dates to rules and reference methods in Sections II, VI, VIII, IX, X, 
XII, XIII, XVI and XVII were also approved, as well as non-substantive 
revisions to numerous other parts of the regulation.\21\
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    \21\ 86 FR 11125.
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    Most recently, in November 2021, the EPA approved submitted 
revisions to Sections II (general provisions), XII (Volatile Organic 
Compound Emissions from Oil and Gas Operations), and XVIII (emissions 
from natural gas-actuated pneumatic controllers located at or upstream 
of natural gas processing plants) of Reg. 7 from State submissions in 
2018 and 2019.\22\ From the State's 2020 submission, the EPA approved 
revisions that fully reorganized Reg. 7. into Parts A-E; updated 
requirements for gasoline transport trucks, bulk terminals, and service 
stations in Part B; added general solvent use requirements in Part C, 
Section II.F; and added stationary internal combustion engine and flare 
RACT requirements for major sources of VOC and/or NOX in the 
Denver Area in Part E. Revisions to incorporation by reference dates to 
rules, updates to reference methods, and typographical, grammatical and 
formatting corrections were made throughout Reg. 7. Additionally, the 
EPA finalized approval of the State's negative declaration--(that is, 
its statement that there are no covered sources in the DMNFR Area) as 
to the aerospace CTG.
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    \22\ 86 FR 61071.
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    In our November 5, 2021 final rule, we deferred action on several 
portions of the submittals, because we determined that Colorado's SIP 
revisions did not meet oil and gas CTG RACT requirements for testing 
and monitoring requirements for combustion control devices for storage 
vessels and centrifugal compressors. On October 20, 2021, Colorado 
submitted a letter to the EPA committing to correct the deficiencies 
through rulemaking in December 2021. On December 17, 2021, the Colorado 
AQCC approved revisions that are consistent with the commitments in the 
letter.\23\ Based on the State's commitment to correcting the 
deficiencies identified by the EPA, and recognizing the substantial 
progress made toward fulfilling that commitment, we are now proposing 
conditional approval of the oil and gas CTG RACT rules for which we 
deferred action on in November 2021.
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    \23\ See https://www.coloradosos.gov/CCR/eDocketDetails.do?trackingNum=2021-00594.
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III. Summary of the State's SIP Submittals

    We are proposing to take action on parts of Colorado SIP submittals 
made on two different dates:

May 14, 2018 Submittal

    This submittal contains amendments to Reg. 7, Sections XII 
(Volatile Organic Compound Emissions from Oil and Gas Operations) and 
XVIII (Natural Gas-Actuated Pneumatic Controllers Associated with Oil 
and Gas Operations) to meet RACT for oil and gas sources covered by the 
EPA's 2016 Oil and Gas CTG.\24\ We have previously acted on all parts 
of this SIP submittal except for revisions to Reg. 7, Section XII.J.1., 
concerning centrifugal compressors, as to which we are now proposing 
conditional approval.
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    \24\ Control Techniques Guidelines for the Oil and Natural Gas 
Industry, EPA-453/B-16-001 (Oct. 2016).
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May 13, 2020 Submittal

    This submittal includes a full reorganization of Reg. 7 into Parts 
A-E, amends oil and gas storage tank requirements to establish a 
storage tank control threshold, updates storage tank monitoring 
requirements, and aligns related recordkeeping and reporting 
requirements. The submittal also updates RACT requirements for major 
sources of VOC and NOX in the DMNFR area, including expanded 
categorical combustion equipment requirements in Part E, Section II 
(formally Section XVI.D.) and new categorical general solvent use 
requirements in Part C, Section II (formerly Section X.). The submittal 
also includes updates to the requirements for gasoline transport truck 
testing and vapor control systems,

[[Page 9000]]

and contains typographical, grammatical, and formatting corrections 
throughout. We have previously acted on all parts of this SIP submittal 
except for revisions to Reg. 7, Sections I.D., I.E, and I.F. concerning 
storage tanks, and Section I.J.1. concerning centrifugal compressors. 
We are now proposing conditional approval of those revisions.
    We are proposing to conditionally approve these measures into the 
SIP because, as discussed further below, the State has committed to 
adopt additional measures to address the concerns noted in our November 
5, 2021 final rule. These measures are described in the State's October 
20, 2021 commitment letter:

October 20, 2021 Commitment Letter

    In its letter, which is included in the docket for this proposed 
action, the State committed to adopt SIP revisions adding monitoring 
and performance testing requirements for storage vessel and wet seal 
centrifugal compressor combustion devices in Reg. 7, Part D, Section I. 
This commitment to remedy the deficiencies explained in our November 5, 
2021 rule is the basis for our proposal to conditionally approve the 
previously submitted revisions. Further, as discussed above, with the 
December 17, 2021 action by the Colorado Air Quality Commission the 
State has made substantial progress toward fulfilling its commitment.

IV. Procedural Requirements

    The CAA requires that states meet certain procedural requirements 
before submitting SIP revisions to the EPA, including the requirement 
that states adopt SIP revisions after reasonable notice and public 
hearing.\25\ In previous rules, we have already found that Colorado has 
satisfied this requirement with respect to the SIP submittals under 
consideration here. For additional background and previous findings, 
see the proposed and final rules at 85 FR 63066, 63068 (Oct. 6, 2020); 
86 FR 11125 (Feb. 24, 2021); 86 FR 32656, 32658 (June 22, 2021); and 86 
FR 61071 (Nov. 5, 2021).\26\
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    \25\ CAA section 110(a)(2).
    \26\ For the anticipated SIP revisions that were described in 
the State's October 20, 2021 commitment letter, the AQCC provided 
notice in the Colorado Register on September 20, 2021 and held 
public hearings on the revisions on December 14-17, 2021. The 
Commission adopted the revisions on December 17, 2021. After the 
State submits these new measures as SIP revisions, we will evaluate 
the sufficiency of the public process in separate actions in which 
we will propose and, if appropriate, finalize approval of the 
commitment submission into the SIP.
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V. Reasonably Available Control Technology (RACT) Analysis

A. Background

    The CAA requires that SIPs for certain nonattainment areas include 
RACT for each source of VOC in the area covered by a CTG, and for all 
other major stationary sources of VOC.\27\ The EPA has defined RACT as 
the lowest emissions limitation that a particular source is capable of 
meeting by the application of control technology that is reasonably 
available, considering technological and economic feasibility.\28\ The 
CAA amendments of 1990 introduced the requirement for existing major 
stationary sources of NOX in certain ozone nonattainment 
areas to install and operate NOX RACT.\29\
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    \27\ CAA section 182(b)(2).
    \28\ See Proposed rule, General Preamble for Proposed Rulemaking 
on Approval of Plan Revisions for Nonattainment Areas--Supplement 
(on Control Techniques Guidelines), 44 FR 53761, 53762 (Sep. 17, 
1979).
    \29\ CAA section 182(f), appropriate, finalize approval of the 
commitment submission into the SIP.
    \29\ 1 CAA section 182(b)(2).
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    The EPA provides guidance concerning what types of controls can 
constitute RACT for a given source by issuing CTG and Alternative 
Control Techniques (ACT) documents.\30\ States must submit a SIP 
revision requiring the implementation of RACT for each source in the 
area for which the EPA has issued a CTG (for each source in the area 
that is covered by a CTG issued by the EPA), and for any major source 
in the area not covered by a CTG.\31\
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    \30\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques 
(accessed January 6, 2022) for a list of the EPA-issued CTGs and 
ACTs (also available within the docket).
    \31\ See CAA section 182(b)(2). See also Note, RACT Qs & As--
Reasonably Available Control Technology (RACT): Questions and 
Answers, William Harnett, Director, Air Quality Policy Division, EPA 
(May 2006), available at https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20060518_harnett_ract_q&a.pdf.
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    On October 20, 2016, the EPA issued final CTGs for reducing VOC 
emissions from existing oil and natural gas equipment and 
processes.\32\ Under the schedule in the oil and gas CTG, revisions to 
SIP provisions to address RACT for sources covered by the CTG were due 
on October 27, 2018. Sources covered by the CTG include those in 2008 
ozone NAAQS nonattainment areas classified as Moderate (or higher). The 
emissions controls determined by the State to be RACT for sources 
covered by the oil and gas CTG were required to be implemented as soon 
as practicable, but no later than January 1, 2021.\33\ In November 
2017, the Commission adopted revisions to Reg. 7 that addressed RACT 
requirements for each source covered by the oil and gas CTG.
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    \32\ Notice of availability, Release of Final Control Techniques 
Guidelines for the Oil and Natural Gas Industry, 81 FR 74798 (Oct. 
27, 2016); see also Control Techniques Guidelines for the Oil and 
Natural Gas Industry, EPA-453/B-16-001 (Oct. 2016).
    \33\ Docket ID No. EPA-HQ-OAR-2015-0216-0238.
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B. Evaluation of RACT for Oil and Gas CTG Sources

    As part of its May 14, 2018 submittal and as supplemented in 
connection with the December 2021 AQCC rulemaking, the Colorado Air 
Pollution Control Division (Division) conducted a RACT analysis to 
demonstrate that the RACT requirements for the oil and gas CTG for 
covered sources in the DMNFR 2008 8-hour ozone NAA have been fulfilled. 
The Division conducted the RACT analysis by listing the state 
regulations that implement or exceed the RACT recommendations in the 
oil and gas CTG, and by detailing the basis for concluding that these 
regulations fulfill RACT, through comparison with established RACT 
recommendations described in the CTG. The RACT demonstration is 
contained in the State's Technical Support Document for Reasonably 
Available Control Technology for the Oil and Gas Industry (document set 
38) of the May 14, 2018 submittal; at pp. 417-425 of the May 13, 2020 
submittal; and in the Supplement to the Technical Support Document for 
RACT for the Oil and Gas Industry (draft Oct. 28, 2021).\34\ We have 
reviewed Colorado's new and revised VOC rules for the categories 
covered by the oil and gas CTG and the demonstrations submitted by 
Colorado, and have compared the emission limitations and control 
requirements with those of the CTG.\35\ On November 5, 2021, we 
approved the majority of the May 14, 2018 and May 13, 2020 submittals, 
but deferred action on Reg. 7 Sections I.D., I.E, and I.F. from the May 
13, 2020 submittal for storage tanks, and Section I.J.1. for 
centrifugal compressors. The scope of this proposal only covers the 
parts of the May 14, 2018 and May 13, 2020 submittals that the EPA 
deferred action on in our November 5, 2021 final rule. This proposal is 
not indented to re-open or re-visit any aspect of the November 5, 2021 
final rule. The following section includes a detailed discussion of the 
rules that the EPA is proposing to take action on here.
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    \34\ Cited materials are in the docket for this action.
    \35\ See the May 2021 and December 2021 EPA TSDs included in the 
docket for this action.

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[[Page 9001]]

    Based on our review, and as supported by the State's commitment to 
develop and submit additional testing and monitoring requirements, we 
propose to conditionally approve the submitted rules as consistent with 
the control measures, definitions, recordkeeping, and test methods in 
the CTG and the CAA, and as providing for the lowest emission 
limitation through application of control techniques that are 
reasonably available considering technological and economic 
feasibility. Therefore, we propose to conditionally approve the rules 
noted above, as to which we deferred acting on in our November 5, 2021 
final rule, as satisfying CAA RACT requirements for the oil and gas CTG 
sources in the DMNFR Area.\36\ For more information, see the EPA TSDs 
prepared in conjunction with our November 5, 2021 final rule \37\ and 
this action.
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    \36\ See https://www.epa.gov/ground-level-ozone-pollution/ract-information.
    \37\ 86 FR 61071 (Nov. 5, 2021).
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VI. The EPA's Evaluation of SIP Control Measures in Reg. 7

    We evaluated Colorado's May 14, 2018 and May 13, 2020 submittals 
regarding revisions to the State's Reg. 7 to meet RACT requirements for 
sources covered by the oil and gas CTG. We approved the majority of the 
State's submissions in our November 5, 2021 final rule.\38\ We did not, 
however, finalize our approval of several provisions related to the 
State's RACT determination for the oil and gas CTG, in light of our 
evaluation of issues raised in comments received on our June 22, 2021 
proposed rule.\39\ The provisions that the EPA deferred action on are 
related to testing and monitoring of combustion control devices. In 
this document, we are proposing to conditionally approve the limited 
remaining pieces of the May 14, 2018 and May 13, 2020 submittals that 
were not previously acted on. More specifically, in the EPA's November 
5, 2021 final rule, we deferred action on the following: Reg. 7, 
Section XII. J.1.\40\ from the May 14, 2018 submittal for centrifugal 
compressors; Sections I.D., I.E, and I.F. from the May 13, 2020 
submittal for storage tanks; and I.J.1. for centrifugal compressors. 
This document proposes to conditionally approve only these specific 
provisions. Our conditional approval is based on the State's October 
20, 2021 commitment to make specified further revisions and submit them 
to the EPA for approval. These further revisions have been approved by 
the Colorado AQCC but have not yet been formally submitted to the EPA; 
we will act on them separately after they are submitted.
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    \38\ Id.
    \39\ Approval and Promulgation of Implementation Plans; 
Colorado; Revisions to Regulation Number 7; Aerospace, Oil and Gas, 
and Other RACT Requirements for 2008 8-Hour Ozone Standard for the 
Denver Metro/North Front Range Nonattainment Area, 86 FR 32656.
    \40\ Since renumbered to Colorado Reg. 7, Part D, Section I.J.1.
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    For ease of review, Colorado submitted the full text of Reg. 7 as 
SIP revisions (with the exception of provisions designated ``State 
Only''). The EPA is only seeking comment on Colorado's proposed 
substantive changes to the SIP-approved version of Reg. 7, which are 
described below. We are not seeking comment on the revised portions of 
the regulation that the EPA previously approved into the SIP.
    As noted above, Colorado designated various parts of Reg. 7 State 
Only, and in Section I.A.1.c indicated that sections designated State 
Only are not federally enforceable. The EPA concludes that provisions 
designated State Only have not been submitted for the EPA's approval, 
but are provided for informational purposes. Hence, the EPA is not 
proposing to act on the portions of Reg. 7 designated State Only, and 
this proposed rule does not discuss them further except as relevant to 
discussion of the portions of the regulation that Colorado intended to 
be federally enforceable.

Evaluation

A. May 14, 2018 SIP Submittal and October 20, 2021 Commitment Letter

    The State's May 14, 2018 SIP submittal contains amendments to Reg. 
7, Sections II.B., XII and XVIII to meet RACT for oil and gas sources 
covered by the EPA's 2016 oil and gas CTG. The submittal also includes 
clarifying revisions and typographical, grammatical, and formatting 
corrections throughout Reg. 7. We finalized approval of the majority of 
the May 14, 2018 SIP revisions in our November 5, 2021 rulemaking \41\ 
but deferred action on Reg. 7, Section XII.J.1. based on our evaluation 
of issues raised in adverse comments received on the corresponding 
proposal.\42\ Colorado sent the EPA a letter committing to correct the 
deficiencies, and based on that commitment we are now proposing to take 
action on Section XII.J.1. for centrifugal compressors.
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    \41\ 86 FR 61071. EPA is not reopening any aspect of that Nov. 
5, 2021 final rule in this proposal.
    \42\ See ``Comments on Approval and Promulgation of 
Implementation Plans; Colorado; Revisions to Regulation Number 7; 
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour 
Ozone Standard for the Denver Metro/North Front Range Nonattainment 
Area,'' July 22, 2021. Available within the docket for this action 
and also on regulations.gov docket ID EPA-R08-OAR-2021-0262-0018.
---------------------------------------------------------------------------

a. Section XII.J.1
    Section XII.J.1 contains new provisions for centrifugal 
compressors. Section XII.J.1.a. requires that by January 2, 2018, VOC 
emissions from wet seal fluid degassing systems on wet seal centrifugal 
compressors located between the wellhead and the point of custody 
transfer to the natural gas transmission and storage segment must be 
reduced by at least 95%. Section XII.J.1.b. requires wet seal fluid 
degassing systems to be equipped with continuous, impermeable covers 
that are connected through a closed vent system that routes emissions 
from the wet seal fluid degassing system to the process or control 
device. Section XII.J.1.c. requires annual visual inspections of the 
cover and closed vent systems for defects that could result in air 
emissions.
    Under Section XII.J.1.d., owners or operators must conduct annual 
EPA Method 21 inspections of covers and closed vent systems to 
determine whether they operate with VOC emissions less than 500 ppm. 
Section XII.J.1.e. requires first attempts at repair to occur no later 
than five days after detecting defects or leaks, and repairs to be 
completed no later than 30 days after detection. Section XII.J.1.f. 
sets forth criteria for delaying inspection or repair due to unsafe 
conditions and accessibility issues. Owners or operators are required 
to maintain records of each cover or closed vent system that is unsafe 
or difficult to inspect and schedule for inspection when circumstances 
allow.
    Section XII.J.1.g. includes requirements for monthly inspections of 
combustion devices to ensure that the devices are operating with no 
visible emissions.
    Section XII.J.1.h. includes recordkeeping requirements to 
demonstrate compliance with Section XII.J.1. Owners and operators must 
maintain records for a minimum of five years. As an alternative to the 
inspection, repair, and recordkeeping provisions, owners and operators 
may inspect, repair, and document cover and closed vent systems in 
accordance with the LDAR program in Section XII.L. Section XII.J.1.j. 
allows owners and operators to comply with emissions, inspections, 
repair, and recordkeeping provisions of a New Source Performance 
Standard (NSPS) including 40 CFR part 60, subparts OOOO and OOOOa in 
lieu of Sections XII.J.1.a. through i.

[[Page 9002]]

    The oil and gas CTG recommends visible emissions and performance 
tests to demonstrate that the combustion devices being used meet the 
95% VOC emission reduction RACT level of control.\43\ After reviewing 
comments received \44\ on our June 22, 2021 proposal to approve, among 
other things, Section XII.J.1 into the SIP,\45\ we determined that 
Colorado's SIP submittals do not include requirements for performance 
testing of combustion devices at wet seal centrifugal compressors. We 
therefore recommended that the State adopt performance testing and 
associated recordkeeping and reporting requirements to adequately 
address RACT for centrifugal compressors.
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    \43\ P. 5-28 of the Control Techniques Guidelines for the Oil 
and Natural Gas Industry, EPA-453/B-16.-001 (Oct. 2016).
    \44\ P. 19 of ``Comments on Approval and Promulgation of 
Implementation Plans; Colorado; Revisions to Regulation Number 7; 
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour 
Ozone Standard for the Denver Metro/North Front Range Nonattainment 
Area,'' July 22, 2021.
    \45\ 86 FR 32656.
---------------------------------------------------------------------------

    Colorado's October 20, 2021 letter commits to adding visible 
emission testing and repair requirements for combustion devices in 
Section I.J.1.g. The comment letter also commits to adding Section 
I.J.1.h., which would require performance testing of combustion devices 
in accordance with Section 60.5413a(b) by May 1, 2023, and subsequent 
performance tests no longer than 60 months following the previous 
performance test. Control device models tested in accordance with 40 
CFR part 60, subpart OOOOa, Sec.  60.5413a(d) and demonstrating 
continuous compliance in accordance with 40 CFR part 60, subpart OOOOa, 
Sec.  60.5413a(e)(1) would not be subject to the performance test 
requirement. Section I.J.i.(i)(E) would require records of control 
device performance tests or manufacturer demonstration of control 
device model performance tests, and associated inlet gas flow rates. 
Section I.J.1.i.(i)(F) would require records of visual inspections 
including the time and date of each inspection and a description of any 
problems observed, description and date of any corrective action(s) 
taken, and name of employee or third party performing corrective 
action(s). These anticipated revisions described in Colorado's 
commitment letter are consistent with periodic testing recommendations 
in the oil and gas CTG. Accordingly, we find that the revisions 
committed to for Sections I.J.1.g., h., and i. in the State's October 
20, 2021 letter would address the identified deficiencies, and we 
propose to conditionally approve Section XII.J.1.

B. May 13, 2020 SIP Submittal

    The State's May 13, 2020 SIP submittal contains amendments to Reg. 
7, including control for VOC emissions from oil and gas operations. We 
finalized approval of the majority of the May 13, 2020 SIP revisions in 
our November 5, 2021 rulemaking,\46\ but based on concerns related to 
those raised in comments received on the corresponding proposal, we 
deferred action on SIP revisions to the State's storage tank control 
strategy in Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-b.(i), 
I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.-
I.E.1.a., I.E.2.-.c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d., I.F.1.g.-
g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a, and I.F.3.c.-
c.(i)(C) because those Sections are related to the performance testing 
of storage tank combustion equipment deficiencies identified in Section 
I.E. As part of the October 20, 2021 letter submitted by Colorado to 
the EPA, the State committed to correcting the deficiencies in Section 
I.E., and based on that commitment we are now taking action on Part D, 
Section I.D-F. storage tank controls.
---------------------------------------------------------------------------

    \46\ 86 FR 61071. The EPA is not reopening any aspect of that 
Nov. 5, 2021 final rule in this proposal.
---------------------------------------------------------------------------

a. Section I.D.
    Section I.D. contains provisions for storage tank emissions 
controls. In 2004 the Commission adopted the initial system-wide 
control strategy, which required operators to reduce emissions from 
their system of condensate tanks. The ``system'' was composed of 
condensate tanks with uncontrolled actual VOC emissions equal to or 
greater than two tons per year (tpy), and allowed operators to decide 
which tanks to control if emissions from the ``system'' were reduced by 
specified percentages. The revisions in Section I.D. replace the 
system-wide control strategy with an individual storage tank control 
strategy in Section I.D.3. Operators in the DMNFR Area were required to 
install controls on storage tanks with uncontrolled actual VOC 
emissions equal to or greater than four tpy by May 1, 2020. The control 
requirements in Section I.D. were expanded to include crude oil and 
produced water tanks. According to the Division, this will result in 
more tanks being controlled.\47\ Section I.D.3.a.(i) requires that 
storage tanks with uncontrolled actual emissions of VOC equal to or 
greater than four tpy collect and control emissions from each storage 
tank by routing emissions to and operating air pollution control 
equipment that achieves a VOC control efficiency of 95%; combustion 
devices must have a design destruction efficiency of at least 98% for 
VOC unless authorized by permit before March 1, 2020. Section I.D.3.c. 
requires that storage tanks below the four tpy threshold that increase 
emissions above the threshold must be in compliance within 60 days of 
the first date of the month in which the threshold was exceeded. The 
Commission has determined that the four tpy threshold and 
implementation timetable is cost-effective, technically feasible, and 
will ensure no backsliding as provided for in the CAA, Section 
110(l).\48\
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    \47\ See pp. 592-593 of the May 13, 2020 submittal.
    \48\ See p. 591 of the May 13, 2020 submission.
---------------------------------------------------------------------------

    Colorado also submitted a provision for inclusion in the SIP that 
was previously State-only. Section I.D.2.a. requires that operators of 
newly constructed tanks employ controls during the first 90 days after 
the date of first production. It is appropriate to include this 
provision in the SIP because it will ensure that the requirements for 
emissions controls on startup are federally enforceable, to avoid 
confusion as to whether compliance with the requirement can be 
considered a limitation upon a source's potential to emit for purposes 
of permitting.
b. Section I.E.
    Section I.E. contains provisions for monitoring of storage tanks 
and air pollution control equipment. Section I.E. was revised to apply 
the monitoring requirements for all storage tanks controlled pursuant 
to Section I.D., which will ensure monitoring of condensate tanks, 
crude oil, and produced water tanks on a weekly basis per Section 
I.E.2.c. The required inspections have also been updated to include 
elements that can impact the performance of well production facility 
equipment and reduce emissions including checking that burner trays are 
not visibly clogged, that pressure relief valves are properly sealed, 
and that vent lines are closed. Inspection documentation requirements 
in former Section XII.E.3. were removed and moved to Section 
I.F.2.c.(iii) in order to condense all recordkeeping requirements in 
Section I.F.
    The oil and gas CTG recommends periodic performance testing to 
demonstrate compliance with the

[[Page 9003]]

recommended RACT level of control.\49\ After reviewing comments 
received \50\ on our June 22, 2021 proposal \51\ to, among other 
things, approve RACT for storage tanks subject to the oil and gas CTG, 
we determined that Colorado's SIP submittals do not include 
requirements for performance testing of combustion devices at storage 
tanks. We therefore recommended that the State adopt performance 
testing and associated recordkeeping and reporting requirements to 
adequately address RACT for storage tanks.
---------------------------------------------------------------------------

    \49\ P. 4-25 of the Control Techniques Guidelines for the Oil 
and Natural Gas Industry, EPA-453/B-16-001 (Oct. 2016).
    \50\ P. 19 of ``Comments on Approval and Promulgation of 
Implementation Plans; Colorado; Revisions to Regulation Number 7; 
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour 
Ozone Standard for the Denver Metro/North Front Range Nonattainment 
Area,'' July 22, 2021.
    \51\ 86 FR 32656.
---------------------------------------------------------------------------

    Colorado's October 20, 2021 letter commits to adding new 
performance testing requirements for control devices in Section I.E.3. 
As described in the commitment letter, Section I.E.3.a. will require 
that storage vessels that have the potential for VOC emissions equal to 
or greater than six tpy (control action emissions) conduct periodic 
performance testing of control devices to comply with the 95% VOC 
control efficiency requirement in Section I.D.3.a.(i). Section 
I.E.3.a.(i) will require that performance testing be conducted in 
accordance with Section 60.5413a(b) by May 2023, and that subsequent 
performance testing occur no more than 30 months following the previous 
performance test. Section I.E.3.a.(ii) will exempt control device 
models that have been tested in accordance with Section 60.5413a(d) and 
that are demonstrating compliance in accordance with Section 
60.5413a(e)(1) from performance test requirements in Section 
I.E.3.a.(i). Section I.E.3.a.(iii) requires storage vessels to maintain 
records of performance tests or manufacturer demonstrations and 
associated inlet gas flow rate records specified in Section 
I.E.3.a.(ii) for five years and to make records available to the 
Division upon request. These revisions are consistent with periodic 
testing recommendations in the oil and gas CTG.
c. Section I.F.
    Section I.F. contains provisions for storage tank recordkeeping and 
reporting. As a result of replacing the system-wide control strategy 
with the fixed control threshold in Section I.D., recordkeeping and 
reporting requirements for demonstrating compliance with Section I.D. 
were revised in Section I.F. Operators subject to the system-wide 
control strategy were given until August 31, 2020, to submit the report 
for the time period in 2020 during which the system-wide control 
strategy remained effective (i.e., January 1-April 30, 2020). Section 
I.F.2 contains the recordkeeping and reporting scheme for the tanks 
subject to the new four tpy control threshold provision. Under Sections 
I.F.2. and I.F.3., owners or operators of storage tanks subject to 
Section I.D.3. must maintain records and submit annual reports 
including information regarding inspections, calendar monthly VOC 
emissions, emission factors used, and the control efficiency of air 
pollution control equipment. Reports must be retained for a minimum of 
five years.
d. Section I.J.1.
    Section I.J.1. (previously Section XII.J.1.) contains requirements 
for centrifugal compressors. The revisions to Section I.J.1.-j. 
renumber the regulation and do not change the substance of the 
requirements from the May 14, 2018 submittal.
    The revisions described in this section \52\ will strengthen the 
SIP, and (once the State has submitted the revised regulations 
described in its commitment letter) will meet CAA and RACT 
requirements. We therefore propose to conditionally approve these 
revisions into the SIP.
---------------------------------------------------------------------------

    \52\ With the exception of revisions described in the State's 
commitment letter, which have not been submitted as SIP revisions 
yet. As previously noted, those revisions will be evaluated in a 
separate rulemaking after the state submits them to the EPA.
---------------------------------------------------------------------------

VII. Proposed Action

    For the reasons expressed above, the EPA proposes to conditionally 
approve revisions to Sections XII.J.1 of Reg. 7 from the State's May 
14, 2018 submittal and Part D, Sections I.D., I.E., I.F., and I.J.1. of 
Reg. 7 from the State's May 13, 2020 submission as shown in Table 1.
    The EPA is proposing to conditionally approve revisions to Reg.7, 
Part D, Sections I.E.3. (including subsections (a)(i) through (iii)) 
and I.J.1.g. through i. Additionally, the EPA is proposing to 
conditionally approve Colorado's determination that Reg. 7, Part D 
satisfies RACT requirements for the Colorado ozone SIP for the 2016 oil 
and natural gas CTG. Under section 110(k)(4) of the Act, the EPA may 
approve a SIP revision based on a commitment by a state to adopt 
specific enforceable measures by a date certain, but not later than one 
year after the date of approval of the plan revision. On October 20, 
2021, Colorado submitted a letter committing to adopt and submit 
specific revisions by June 30, 2022.\53\ Specifically, the State has 
committed to add requirements for performance testing of certain 
combustion devices consistent with the EPA's oil and gas CTG by using 
the same frequency, testing protocol, and recordkeeping requirements 
that will apply to storage vessels and wet seal centrifugal compressors 
required to be controlled under the EPA's oil and gas CTG (i.e., 
storage vessels that have the potential for VOC emissions equal to or 
greater than 6 tpy). If we finalize our proposed conditional approval, 
Colorado must adopt and submit the specific revisions it has committed 
to by June 30, 2022 in order for the conditional approval to convert to 
full approval. We note that the Colorado AQCC adopted the revisions as 
outlined in the commitment letter on December 17, 2021, and we 
anticipate that the State will meet its deadline to submit these 
measures as SIP revisions. However, if Colorado does not comply with 
its commitment by June 30, 2022, if we find Colorado's SIP submission 
provided to fulfill the commitment to be incomplete, or if we 
disapprove the SIP submission, this conditional approval will convert 
to a disapproval. If any of these occur and our conditional approval 
converts to a disapproval, that will constitute a disapproval of a 
required plan element under part D of title I of the Act, which will 
start an 18-month clock for sanctions \54\ and the two-year clock for a 
federal implementation plan.\55\
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    \53\ Although CAA section 110(k)(4) allows the EPA to make a 
conditional approval based on a commitment to act within one year of 
the final conditional approval, Colorado has committed to act on a 
much more accelerated schedule.
    \54\ See CAA section 179(a)(2).
    \55\ See CAA section 110(c)(1)(B).

[[Page 9004]]



 Table 1--List of Colorado Revisions to Reg. 7 That the EPA Proposes to
                          Conditionally Approve
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Revised Sections in May 14, 2018 and May 13, 2020 Submittals Proposed
 for Approval.
    May 14, 2018 Submittal: XII.J.1.
    May 13, 2020 Submittal: Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-
     b.(i), I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix),
     I.D.4.-I.E.1.a., I.E.2.-.c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d.,
     I.F.1.g.-g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a,
     I.F.3.c.-c.(i)(C), and I.J.1.
    Revised Sections from Colorado's Oct. 20, 2021 Commitment Letter:
     Part D, Sections I.E.3.-a.(iii), I.J.1.g.-h., I.J.1.i., and
     I.J.1.i.(i)(E)-(F).
------------------------------------------------------------------------

VIII. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
toward attainment of the NAAQS, or any other applicable requirement of 
the Act. In addition, section 110(l) requires that each revision to an 
implementation plan submitted by a state shall be adopted by the state 
after reasonable notice and public hearing.
    The Colorado SIP revisions that the EPA is proposing to 
conditionally approve do not interfere with any applicable requirements 
of the Act. The Reg. 7 revisions submitted by the State on May 13, 2018 
and May 14, 2020 are intended to strengthen the SIP and to serve as 
RACT for certain sources for the Colorado ozone SIP. Colorado's 
submittals provide adequate evidence that the revisions were adopted 
after reasonable public notices and hearings. Therefore, CAA section 
110(l) requirements are satisfied.

IX. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
Additionally, Executive Order 13985 (86 FR 7009, Jan. 25, 2021) directs 
federal agencies to assess whether and to what extent their programs 
and policies perpetuate systemic barriers to opportunities and benefits 
for underserved populations, and Executive Order 14008 (86 FR 7619, 
Feb. 1, 2021) directs federal agencies to develop programs, policies, 
and activities to address the disproportionately and adverse human 
health, environmental, climate-related and other cumulative impacts on 
disadvantaged communities.
    To identify potential environmental burdens and susceptible 
populations in the DMNFR area, a screening analysis was conducted using 
the EJSCREEN \56\ tool to evaluate environmental and demographic 
indicators within the area, based on available data from the Census 
Bureau's American Community Survey. The tool outputs showing the 
results of this assessment are in the docket for this action. These 
results indicate that within the DMNFR area there are census block 
groups that are above the national averages and above the 80th 
percentile (in comparison to the nation as a whole) for the numbers of 
persons experiencing low income and people of color. These populations 
may be vulnerable and subject to disproportionate impacts within the 
meaning of the executive orders described above. Further, as the 
EJSCREEN analysis is a screening-level assessment and not an in-depth 
review, it is possible that there are other vulnerable groups within 
the DMNFR area.
---------------------------------------------------------------------------

    \56\ EJSCREEN is an environmental justice mapping and screening 
tool that provides the EPA with a nationally consistent dataset and 
approach for combining environmental and demographic indicators; 
available at https://www.epa.gov/ejscreen/what-ejscreen.
_____________________________________-

    As to all vulnerable groups within the DMNFR area, as explained 
below we believe that this action will be beneficial and will tend to 
reduce impacts. When the EPA establishes a new or revised NAAQS, the 
CAA requires the EPA to designate all areas of the U.S. as either 
nonattainment, attainment, or unclassifiable. If an area is designated 
nonattainment for a NAAQS, the state must develop a plan outlining how 
the area will attain and maintain the standard by reducing air 
pollutant emissions. In this action we are proposing to conditionally 
approve state rules as meeting the CAA standard for RACT, which the EPA 
has defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. Approval of these rules into the SIP will establish 
federally enforceable requirements that will reduce emissions from oil 
and gas operations in the area. These requirements will contribute to 
the increased protection of those residing, working, attending school, 
or otherwise present in those areas, and we propose to determine that 
this rule, if finalized, will not have disproportionately high or 
adverse human health or environmental effects on communities with 
environmental justice concerns.

X. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference Colorado AQCC Regulation 7 pertaining to the 
control of ozone via ozone precursors and control of hydrocarbons from 
oil and gas emissions discussed in section VI 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).

XI. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely proposes to approve 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);
     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.);

[[Page 9005]]

     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 CAA; and
     Does not provide 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 EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. Accordingly, the proposed 
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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 8, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-03170 Filed 2-16-22; 8:45 am]
BILLING CODE 6560-50-P