[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29827-29835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09229]
[[Page 29827]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0632; EPA-R08-OAR-2022-0857; FRL-10362-02-R8]
Air Plan Approval, Conditional Approval, Limited Approval and
Limited Disapproval; Colorado; Serious Attainment Plan Elements and
Related Revisions for the 2008 8-Hour Ozone Standard for the Denver
Metro/North Front Range Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this final action the Environmental Protection Agency (EPA)
is addressing all or part of several State Implementation Plan (SIP)
revisions submitted by the State of Colorado (as explained further in
this document, we are taking no action on some specific portions of the
State's submittals). We are approving specified parts of SIP revisions
submitted by Colorado on March 22, 2021, related to Clean Air Act (CAA)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR)
Serious nonattainment area. We are also finalizing a limited approval
and limited disapproval of reasonably available control technology
(RACT) SIP revisions from submissions made on May 14, 2018, May 8,
2019, May 13, 2020, March 22, 2021, May 18, 2021, and May 20, 2022.
Further, we are finalizing a limited conditional approval and limited
disapproval of additional RACT related SIP submissions made on May 31,
2017, and May 10, 2019. Finally, in this document, the EPA is notifying
the public of findings as to certain motor vehicle emissions budgets in
the DMNFR nonattainment area. This action is being taken under the
authority of the CAA.
DATES: This rule is effective on June 8, 2023.
ADDRESSES: The EPA has established two dockets for this action under
Docket ID No. EPA-R08-OAR-2022-0632 and EPA-R08-OAR-2022-0857. All
documents in the dockets are listed on the https://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 https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
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 ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background and rationale for this action are discussed in
detail in our November 9, 2022 \1\ and December 2, 2022 \2\ proposed
rules, the associated technical support documents (TSDs), and our
Response to Comments document for this action. In the proposed rules,
we proposed to approve and conditionally approve various actions on
Colorado's SIP revisions that were submitted on May 31, 2017; May 14,
2018; May 10, 2019; May 13, 2020; March 22, 2021; May 18, 2021; and May
20, 2022. On November 9, 2022,\3\ we proposed to approve portions of
Colorado's Serious attainment plan for the 2008 8-hour ozone NAAQS. In
addition, we proposed to approve the motor vehicle emission budgets and
revisions to Colorado Regulation Number 7 (Reg. 7) in the State's March
22, 2021 submittal. We also proposed to approve all other aspects of
the March 22, 2021 submittal, except for the RACT submission for
certain sources and enhanced monitoring, which we will be acting on at
a later date, and for the attainment demonstration and contingency
measures. We also proposed to approve revisions to Colorado Regulation
Number 21 (Reg. 21) from the State's May 13, 2020 submittal, and to
Reg. 7 from the State's May 18, 2021 submittal. Finally, we proposed to
approve the Reg. 7 revisions from the State's May 14, 2018 and May 13,
2020 submittals that were conditionally approved on May 13, 2022 and to
convert that conditional approval to a full approval.\4\
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\1\ Proposed rule, Air Plan Approval; Colorado; Serious
Attainment Plan Elements and Related Revisions for the 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area, 87 FR 67617.
\2\ Proposed rule, Air Plan Conditional Approval; Colorado;
Revisions to Regulation Number 7 and RACT Requirements for 2008 8-
Hour Ozone Standard for the Denver Metro/North Front Range
Nonattainment Area, 87 FR 74060.
\3\ 87 FR 67617.
\4\ Final rule, 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, 87 FR 29228.
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On December 2, 2022,\5\ we proposed to conditionally approve
various revisions to the Colorado SIP that were submitted to the EPA on
May 31, 2017, and May 10, 2019. In particular, we proposed to
conditionally approve into the SIP certain Reg. 7 rules as fulfilling
the requirement to implement RACT for sources that are covered by the
2008 miscellaneous metal coatings control techniques guidelines (CTG)
\6\ and for major sources of nitrogen oxides (NOX) located
in the Moderate DMNFR Area that were not acted on in our July 3,
2018,\7\ February 24, 2021,\8\ or November 5, 2021 \9\ rulemakings.
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\5\ 87 FR 74060.
\6\ Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available
at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
\7\ 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.
\8\ 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.
\9\ 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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II. Comments
We received comments on the November 9, 2022 proposal from several
parties, including Boulder County, the City and County of Broomfield,
the City and County of Denver, the City of Longmont, and Colorado
Communities for Climate Action (CC4CA); the Center for Biological
Diversity, 350 Colorado, the Colorado Chapter of the Sierra Club, the
National Parks Conservation Association, and Earthworks; individual
supporters of the Center for Biological Diversity; and from
participants in a mass mailer campaign. The comments were related to
compliance with the CAA, disproportionate impacts of ozone,
approvability of the attainment plan, emission inventories, reasonable
further progress, motor vehicle emissions budgets, RACT and Reasonably
Available Control Measures (RACM), suggested control measures,
enforceability, and CAA section 110(l).
[[Page 29828]]
A summary of the comments and the EPA's responses are provided in the
Response to Comments document, which is in the docket for this action.
III. Final Action
This final action includes approvals, limited approvals and limited
disapprovals, and a limited conditional approval and limited
disapproval. Below we will explain which type of action we are taking
on each of the submitted measures that is the subject of this action.
First, though, we note that we are further evaluating the comments
received related to the submitted revisions to the State's RACM
demonstration and RACT emission limits for refinery gas fueled process
heaters. Therefore, in this final action, the EPA is not acting on the
following: Reg. 7, Part E, section II.A.4.g.(i) (NOX
emission limit for refinery fuel gas heaters) from the May 20, 2022
submittal for process heaters, and RACM from the March 22, 2021
submittal. The EPA proposed to approve these portions of the respective
SIP submittals in our November 9, 2022 proposal. These portions of the
SIP submittals will be acted on at a later date. This final action also
does not address the submitted attainment demonstration, enhanced
monitoring, RACM, or contingency measures.
Below is our explanation of the different elements of this final
action.
Approvals
The EPA is approving portions of the 8-Hour Ozone Attainment Plan
submitted by the State of Colorado for the DMNFR Area on March 22,
2021, specifically:
Milestone and future year emission inventories;
Reasonable further progress (RFP) demonstration;
Motor vehicle emissions budgets for the 2020 RFP milestone
year, as shown in Table 4, because they are consistent with the RFP
demonstration for the 2008 ozone NAAQS finalized for approval herein
and meet the other criteria in 40 CFR 93.118(e);
Demonstration that Colorado meets the Clean Fuel Fleet
Program requirements of CAA section 182(c)(4);
Motor vehicle inspection/maintenance (I/M) program; and
Nonattainment new source review (NNSR) program.
We are also approving SIP revisions to Reg. 7, submitted by the
State on May 8, 2019, May 13, 2020, March 22, 2021, May 18, 2021, and
May 20, 2022, as shown in Table 1. Finally, the EPA is approving and
finding that the motor vehicle emissions budgets \10\ for
NOX and volatile organic compounds (VOCs) for 2020 in the
DMNFR area, as well as the northern and southern sub-areas of the DMNFR
area, submitted with the RFP demonstration in the March 22, 2021 SIP
submittal, are adequate for transportation conformity purposes. Under
CAA section 176(c), transportation conformity requires that federally
supported highway and transit project activities conform to the
applicable SIP; EPA's transportation conformity regulations establish
the criteria and procedures for determining whether projects
conform.\11\ Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards.\12\ The criteria by which we determine whether a
SIP's motor vehicle emission budgets are adequate for conformity
purposes are outlined in 40 CFR 93.118(e)(4).\13\ As a result of our
approval of the budgets and our adequacy finding, the DMNFR area, and
the area's northern and southern sub-areas, must use the budgets from
the submitted RFP demonstration for future transportation conformity
determinations.
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\10\ See Table 4, below.
\11\ See 69 FR 40004 (July 1, 2004); 40 CFR part 93, subpart A.
\12\ See 69 FR at 40005.
\13\ See also id. at 40038-40047.
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Limited Approvals and Limited Disapprovals
After evaluating comments received on the proposal for this action,
we are finalizing a limited approval and limited disapproval of the
rules submitted by the State on May 14, 2018, May 13, 2020, March 22,
2021, May 18, 2021, and May 20, 2022, as shown in Table 2, and of the
RACT categories in Table 3.
We are also finalizing a limited conditional approval and limited
disapproval of two RACT submissions related to the miscellaneous metal
coatings CTG and glass melting furnaces. That part of this action is
explained separately below.
We are finalizing a limited approval and limited disapproval of the
regulations submitted on May 14, 2018, May 13, 2020, March 22, 2021,
May 18, 2021, and May 20, 2022, because we have determined that they
strengthen the existing EPA-approved Colorado SIP and are largely
consistent with the relevant CAA requirements, but that some aspects of
these rules prevent the EPA from finding that they satisfy all of the
applicable requirements of the CAA. Specifically, these rules do not
include sufficient reporting requirements to ensure that citizens will
be able to enforce the SIP requirements, as is necessary under the CAA
and EPA regulations.\14\ That is, the regulations in Table 2 require
facilities to maintain records necessary to establish compliance with
these rules for a certain period of time and to make them available to
the state on request. But if there is no requirement for these records
to be submitted to the state absent a request, then unless the state
requests the compliance records and then makes them publicly available,
no parties other than the state or the EPA under its CAA section 114
authority will have practical access to the basic information necessary
to determine compliance by the regulated entities under these rules.
This undermines citizens' ability to participate in the enforcement of
the SIP as allowed by CAA section 304. As EPA has repeatedly stated, to
be enforceable, a CAA SIP rule must be legally and practically
enforceable.\15\ We find that a requirement to provide records to the
state only on request, without any required periodic reporting to the
state, is inconsistent with CAA and regulatory requirements for
enforceability. Therefore, due to the lack of adequate reporting
requirements (or some equivalent means of ensuring enforceability), the
EPA is simultaneously finalizing a limited approval and disapproval of
these rules, as authorized under sections 110(k)(3) and (4) and 301(a).
This action incorporates the submitted rules into the Colorado SIP.
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\14\ See 40 CFR 51.211; see also the Response to Comments
document for additional explanation of the rationale for this
action.
\15\ See, e.g., Proposed rule, State Implementation Plans:
Findings of Substantial Inadequacy and SIP Calls To Amend Provisions
Applying to Excess Emissions During Periods of Startup, Shutdown,
and Malfunction, 88 FR 11842 (Feb. 24, 2023) (noting ``requirement
that all SIP provisions be legally and practically enforceable by
states, the EPA and parties with standing under the citizen suit
provision'' of the CAA).
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Section 110(c)(1) of the CAA requires the Administrator to
promulgate a Federal implementation plan (FIP) at any time within two
years after the Administrator finds that a state has failed to make a
required SIP submission, finds a SIP submission to be incomplete, or
disapproves a SIP submission, unless the state corrects the deficiency,
and the Administrator approves the SIP revision, before the
Administrator promulgates a FIP. Therefore, EPA will be obligated under
CAA section 110(c)(1) to promulgate a FIP within two years after the
effective
[[Page 29829]]
date of this limited disapproval, unless the state submits, and the EPA
approves, SIP revisions to correct the identified deficiencies before
EPA promulgates the FIP.
In addition, this final limited disapproval will trigger mandatory
sanctions in accordance with the timelines and provisions of CAA
section 179 and 40 CFR 52.31 unless the state submits, and EPA
approves, SIP revisions that correct the identified deficiencies within
18 months of the effective date of the final limited disapproval
action.
Note that the submitted rules have been adopted by the Colorado Air
Quality Control Commission (AQCC), and the EPA's final limited
disapproval does not prevent the State from enforcing these rules. The
limited disapproval also does not prevent any portion of the rules from
being incorporated by reference into the federally enforceable SIP, as
discussed in the July 9, 1992 EPA memo found at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.
Limited Conditional Approval and Limited Disapproval
We are finalizing a limited conditional approval and a limited
disapproval of SIP submissions that were made on May 31, 2017, and May
10, 2019, respectively addressing RACT for the miscellaneous metal
coatings CTG and glass melting furnaces. See Table 3. This section will
first explain the conditional nature of this approval, and then explain
the limited approval/disapproval.
We are conditionally approving these rules based on the State's
October 13, 2022, letter committing to make specified revisions to the
rules for miscellaneous metal coatings that were part of the May 31,
2017 submission, and to the rules for glass melting furnaces that were
part of the May 10, 2019 submission. This commitment to further
revisions was necessary because on reviewing these RACT rules the EPA
had identified certain deficiencies. Under section 110(k)(4) of the
Act, the EPA may conditionally approve a deficient 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 conditional
approval of the plan revision. As to these miscellaneous metal coatings
and glass melting furnaces rules, on October 13, 2022, Colorado
submitted a letter \16\ committing to adopt and submit specific
revisions by June 30, 2023.\17\ Specifically, the State committed to
adopt and submit additional VOC coating content limits, associated work
practices, definitions, recordkeeping, and recording requirements for
motor vehicle materials; to submit a negative declaration (that is, a
certification that there are no covered sources in the area) for
pleasure craft surface coatings; and to adopt and submit NOX
emission limits for glass melting furnaces at major sources.\18\ We
find that the letter includes the necessary commitments to allow us to
conditionally approve these rules.
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\16\ The letter is dated October 13, 2022 and was received on
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS
Serious SIP,'' email from Jessica Ferko, Planning & Policy Program
Manager, Colorado Department of Public Health and Environment (in
the docket).
\17\ 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.
\18\ See our proposed conditional approval at 87 FR 74060 for
additional explanation.
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Colorado must adopt and submit the specific revisions it has
committed to by June 30, 2023, in order for the conditional approval
portion of this action to convert to approval. We note that the
Colorado AQCC adopted the revisions as outlined in the commitment
letter on December 16, 2022, 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, 2023, if we
find Colorado's SIP submission provided to fulfill the commitment to be
incomplete, or if we disapprove that SIP submission, the conditional
approval portion of this action 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 \19\ and the two-year clock for a FIP.\20\
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\19\ See CAA section 179(a)(2).
\20\ See CAA section 110(c)(1)(B).
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As noted above, this conditional approval is a limited conditional
approval, and is paired with a limited disapproval. The reason for this
limited approval and disapproval is the same as explained above under
the heading ``Limited Approvals and Disapprovals'': some of the rule
provisions do not require the reporting necessary under the CAA and EPA
regulations to ensure that citizens will be able to enforce SIP
requirements. We did not identify these reporting deficiencies until
after the State had developed proposed revisions and submitted its
commitment letter. We have concluded that conditional approval is
appropriate despite the reporting deficiencies because the State has
fully addressed the issues discussed in connection with our proposed
conditional approval action. But we have also concluded that our
conditional approval must be limited in nature, and must be paired with
a limited disapproval, because of the separate issues that we later
identified after reviewing comments received on EPA's November 9, 2022
proposed action. As explained above, this limited disapproval starts
the FIP and sanctions clocks associated with disapprovals.
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\21\ In our proposed rule we inadvertently included Part D,
section III.C.4.e.(i)(D)(3)(b) as a revision proposed for approval.
However, this section of Reg. 7 is state-only and thus not included
in our final action for approval in the SIP.
Table 1--List of Revisions to Colorado Reg. 7 That the EPA Is Approving
in This Action
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Revised sections in May 8, 2019, May 14, 2018, May 13, 2020, March 22,
2021, May 18, 2021, and May 20, 2022 submittals for approval
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May 8, 2019 Submittal:
XVI.D.4.d. (title only).
May 13, 2020, Oil and Gas Submittal:
Reg. 7, Part D, sections I.D.4 (renumbering), I.F.1. (renumbering),
and I.J.1.-j. (renumbering).
March 22, 2021 Submittal:
Part E, sections II.A.1.b., II.A.4., II.A.4.a.(iii), II.A.4.b.(i),
II.A.6.a.(ii), II.A.6.b.(viii)(B), and III.B.
May 18, 2021 Submittal:
Reg. 7, Outline of Regulation, Part A, B, C, and D; Part E and Part
F; Part E, section I.A.3. and I.D.4.-a.(ii) (renumbering).
May 20, 2022 Misc. Metals and Process Heaters Submittal:
Reg. 7, Part C, section I.A.6.b., Part E, sections II.A.2.e-f.,
II.A.4.b.(iii), II.A.4.e.(ii), II.A.5.a., II.A.5.b.-(i),
II.A.5.b.(i)(A)(1)-(ii)(A), II.A.5.b.(ii)(C)-(D),
II.A.6.b.(viii)(D) and II.A.6.c.(ii).\21\
May 20, 2022 Part D Definitions Submittal:
[[Page 29830]]
Reg. 7, Part D, section III.B.2., III.B.5., III.B.7., III.B.11., and
III.B.13.
May 20, 2022 Part D Oil and Gas Submittal:
Reg. 7, Part D, section I.J.1.i.-(D) (renumbering).
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Table 2--List of Colorado Revisions to Regs. 7 and 21 for Which the EPA
Is Finalizing a Limited Approval and Limited Disapproval in This Action
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Reason for
Submittals Revised section for limited
limited approval disapproval
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May 14, 2018 Submittal........ Reg. 7, Part D, No requirements
sections XII.J.1.-h., within these
XII.J.h.(i)(A)-(D), provisions to
XII.J.1.i.-j. submit records
to the state.
May 13, 2020 Oil and Gas Reg. 7, Part D, No requirements
Submittal. sections I.D.- to submit Reg.
D.3.a.(i), I.D.3.b.- 7, Part D,
b.(i), I.D.3.b.(ii), section
I.D.3.b.(v), I.F.1.d. or
I.D.3.b.(vii), I.F.2.c.(iii)
I.D.3.b.(ix), records to the
I.E.1.a., I.E.2.- state.
.c.(ii), I.E.2.c.(iv)-
c.(viii), I.F.1.,
F.2.a., I.F.2.c.-
c.(vi), I.F.3.-3.a,
and I.F.3.c.-c.(i)(C).
May 13, 2020 Reg. 21 Submittal Reg. 21, Part A, No requirements
sections I-I.A.1, within these
I.B.-VI.AAAAAAA., provisions to
Part B, sections I.- submit records
I.A.1., I.B.-VI.TTT. to the state.
March 22, 2021 Submittal...... Reg. 7, Part C, No requirements
sections I.O., within these
I.O.2., I.O.3.a., provisions to
I.O.3.b.-c., submit records
I.O.4.a., I.O.5.a., to the state.
Part E, sections
II.A.4.a.(iv),
II.A.4.b.(i)(A)(1),
II.A.4.b.(iv),
II.A.4.c.,
II.A.5.c.(i)(A)-(2),
and V.
May 20, 2022 Misc. Metals and Reg. 7, Part C, No requirements
Process Heaters Submittal. sections I.L.1.a., within these
I.L.1.b.(i), provisions to
I.L.b.(ii), submit records
I.L.1.b.(iii)-(vii), to the state.
I.L.1.c.(ii)-(xxvi),
I.L.2.a., I.L.2.b.-
I.L.5.d., Part E,
sections II.A.2.e-f.,
II.A.3.p., II.A.4.,
II.A.4.a.(iv),
II.A.4.g.-(ii)
(except NOX emission
limit for refinery
fuel gas),
II.A.5.a.(i)(A), and
II.A.5.b.(ii)(B).
May 20, 2022 Part D Oil and Reg. 7, Part D, No requirements
Gas Submittal. section I.E.3-a.(iii) within these
and I.J.1.g.-h., and provisions to
I.J.1.(i)(E)-(F). submit records
to the state.
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\22\ See 87 FR 29228.
Table 3--RACT Categories, Final Action, and Corresponding Sections of
Submittals
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Location of RACT
RACT category Final action demonstration
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Storage tanks and centrifugal Converting Technical Support
compressors in the oil and previous Document for
natural gas industry covered by conditional Reasonably
EPA's 2016 Oil and Gas CTG. approval \22\ to Available Control
a limited Technology for
approval and the Oil and Gas
limited Industry, Dec.
disapproval 17, 2021
(conversion to (contained within
approval the May 20, 2022
appropriate submittal).
because Colorado
sufficiently
corrected the
deficiency
identified in the
rulemaking
related to the
previous
conditional
approval, but
that approval is
limited because
of a newly
identified issue
separate from the
deficiency that
was identified as
basis for
previous
conditional
approval. The
newly identified
issue concerns
the lack of
requirements
within these
provisions to
submit records of
the inspections
required in Reg.
7, Part D,
section I.E. or
performance tests
required in
I.E.3.a.(iii) and
I.J.i.(i). to the
state.
Combustion equipment at major Limited approval Technical Support
sources (combustion turbines, and limited Document for
combustion equipment at disapproval Reasonably
boilers, lightweight aggregate because there are Available Control
kilns, and natural gas fired no requirements Technology for
process heaters). to submit records Major Sources,
to the state. Dec. 14, 2020
(contained within
the March 22,
2021 submittal)
and Technical
Support Document
for Reasonably
Available Control
Technology for
Major Sources,
July 16, 2021
(contained within
the May 20, 2022
submittal).
Combustion equipment at major Conditional Technical Support
sources (glass melting approval and Document for
furnaces). disapproval Reasonably
because there are Available Control
no requirements Technology for
to submit records Major Sources,
to the state. Draft, October
31, 2022
(contained in the
docket of the
December 2, 2022
proposed rule).
[[Page 29831]]
Wood coating.................... Limited approval Technical Support
and limited Document for
disapproval Reasonably
because there are Available Control
no requirements Technology for
to submit records Major Sources,
to the state. Dec. 14, 2020
(contained within
the March 22,
2021 submittal).
Miscellaneous Metal Coatings, Limited approval Technical Support
Tables 2 and 7 of the CTG. and limited Document for
disapproval Reasonably
because there are Available Control
no requirements Technology for
to submit records Major Sources,
to the state. July 16, 2021
(contained within
the May 20, 2022
submittal).
Miscellaneous Metal Coatings, Conditional N/A--In October
Table 5, Pleasure Craft Surface approval. 13, 2022
Coating VOC Content Limits of commitment
the CTG. letter, state
committed to
provide negative
declaration
(certification
that there are no
sources in the
area).
Miscellaneous Metal Coatings, Limited October 13, 2022
Table 7, Motor Vehicle conditional commitment
Materials VOC Content Limits of approval and letter.
the CTG. limited
disapproval
because there are
no requirements
to submit records
to the state.
Foam manufacturing.............. Limited approval Technical Support
and limited Document for
disapproval Reasonably
because there are Available Control
no requirements Technology for
to submit records Major Sources,
to the state. Dec. 14, 2020
(contained within
the March 22,
2021 submittal).
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Table 4--Adequate Total Area and Sub-Area 2020 Motor Vehicle Emissions
Budgets for NOX and VOC in the DMNFR Nonattainment Area
------------------------------------------------------------------------
2020 NOX 2020 VOC
Area of applicability emissions (tpd) emissions (tpd)
------------------------------------------------------------------------
Northern Sub-area................. 9.7 8.2
Southern Sub-area................. 45.0 41.2
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Total Nonattainment Area...... 54.7 49.4
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IV. 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
requirement 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 be adopted by the state after
reasonable notice and public hearing.
As further explained in the response to comments document, the
Colorado SIP revisions that the EPA is approving, conditionally
approving, and finalizing a limited approval for do not interfere with
any applicable requirements of the Act. None of the Reg. 7 and Reg. 21
revisions submitted by the State would be weakening the SIP. Rather,
the SIP revisions here will be strengthening the SIP. The Response to
Comments for this action provides a full technical basis for this
conclusion. 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.
V. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of populations living within the DMNFR
Area. The EPA then compared the data to the national averages for each
of the demographic groups. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that for populations within the DMNFR
Area, there are census block groups in which the percentage of people
of color (persons who reported their race as a category other than
White alone and/or Hispanic or Latino) is greater than the national
average (39%) and above the 80th percentile.\23\ There are also census
block groups within the DMNFR Area that are below the national average
(33%) poverty level and above the 80th percentile.\24\
---------------------------------------------------------------------------
\23\ See ``EJSCREEN Maps'' pdf, available within the docket.
\24\ Id.
---------------------------------------------------------------------------
This final action approves the majority of the State's ozone
attainment plan submittal for the DMNFR Area and finalizes a limited
approval of state rules as meeting RACT and satisfying other CAA
requirements. The EPA has defined RACT 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. The CAA requires
this action, and the EPA recognizes the adverse impacts of ozone.
Information on ozone and its relationship to negative health impacts
can be found in the National Ambient Air Quality Standards for
Ozone.\25\ We expect that this action and resulting emissions
reductions will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the DMNFR Area,
including people of color and low-income populations. At a minimum,
this action would not worsen any existing air quality and is expected
to ensure the area is meeting requirements to attain and/or maintain
air quality standards. Further, there is no information in the record
indicating that this action is expected to have disproportionately high
or adverse human health or environmental effects on a particular group
of people.
---------------------------------------------------------------------------
\25\ Final rule, 73 FR 16436 (March 12, 2008).
---------------------------------------------------------------------------
[[Page 29832]]
VI. 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
Colorado AQCC Regulation 7 pertaining to the control of ozone via ozone
precursors and control of hydrocarbons via oil and gas emissions and
Regulation 21 pertaining to Control of Volatile Organic Compounds from
Consumer Products and Architectural and Industrial Maintenance Coatings
(as specified in Tables 1, 2, and 3 above). 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 State implementation
plan, 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.\26\
---------------------------------------------------------------------------
\26\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act. This final action does
not establish any new information collection requirement apart from
what is already required by law. This finding relates to the
requirement in the CAA for states to submit SIPs under CAA section
182(b) and (c) addressing obligations associated with the 2008 ozone
NAAQS.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
is disapproving SIP submissions for not containing the necessary
provisions to satisfy CAA enforceability requirements and related
regulatory reporting requirements under 40 CFR 51.211.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain any unfunded mandate as described in
UMRA 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the state, on the relationship between
the National Government and the state, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive order. This action is not subject to Executive Order 13045
because it merely disapproves SIP submissions as not containing the
necessary provisions to satisfy interstate transport requirements under
CAA section 110(a)(2)(D)(i)(I).
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This final action approves parts of Colorado's 2008 ozone Serious
attainment plan and finalizes a limited approval, limited conditional
approval, and limited disapproval of various other submissions. As a
result of EPA's approval, limited conditional approval, limited
approval, and limited disapproval, Colorado Department of Public Health
and Environment (CDPHE) is required to undertake additional actions to
meet CAA requirements. The impact of the limited disapproval is
described in section III, Limited Approvals and Limited Disapprovals
and Limited Conditional Approval and Limited Disapproval, of this
preamble. Information concerning the EPA's efforts to identify
potential environmental burdens and susceptible populations in the
DMNFR Area is in our November 9, 2022 proposed rule, 87 FR 67633. This
action is expected to help ensure that the DMNFR Area meets CAA
requirements and there is no information in the record indicating that
this action is expected to have disproportionately high or adverse
health or environmental effects on a particular group of people.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Judicial Review
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 September 23, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
[[Page 29833]]
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.
Dated: April 26, 2023.
K.C. Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 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. In Sec. 52.319, revise paragraph (a) to read as follows:
Sec. 52.319 Conditional approval.
(a) The EPA is making a limited conditional approval and limited
disapproval of revisions committed to correcting deficiencies
identified with submissions made on May 31, 2017, and May 10, 2019. The
conditional approval is based upon the October 13, 2022 commitment from
the State to submit a SIP revision consisting of rule revisions that
will cure the identified deficiencies within twelve months after the
EPA's conditional approval. If the State fails to meet its commitment,
the conditional approval will be treated as a disapproval with respect
to the rules and CTG category for which the corrections are not met.
The following rules are conditionally approved, except as they relate
to periodic reporting requirements to the state for which we are
disapproving, because we have determined that the rules strengthen the
SIP and are largely consistent with the relevant CAA requirements:
(1) Regulation number 7 (Reg. 7), Part C, section I.P. and Reg. 7,
Part E, section II.A.4. RACT requirements for the Colorado ozone SIP
for the ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' Tables 5 and 7, EPA453/R08003, September 2008
and glass melting furnaces.
(2) [Reserved]
* * * * *
0
3. In Sec. 52.320:
0
a. In the table in paragraph (c):
0
i. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part C, Surface Coating, Solvents, Asphalt, Graphic Arts and
Printing, and Pharmaceuticals'', revise the entry ``I. Surface Coating
Operations''.
0
ii. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part D, Oil and Natural Gas Operations'', revise the entries
``I. Volatile Organic Compound Emissions from Oil and Gas Operations''
and ``III. Natural Gas-Actuated Pneumatic Controllers Associated with
Oil and Gas Operations''.
0
iii. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part E, Combustion Equipment and Major Source RACT'', revise
the entries ``I. Control of Emissions from Engines'' and ``II. Control
of Emissions from Stationary and Portable Engines and Other Combustion
Equipment in the 8-Hour Ozone Control Area''.
0
iv. Add the center heading ``5 CCR 1001-21, Regulation Number 21,
Control of Volatile Organic Compounds from Consumer Products and
Architectural and Industrial Maintenance Coatings'' and the entries
``I. Applicability'', ``II. Consumer Products'', ``III. Architectural
and Industrial Maintenance Coatings'', and ``IV. Definitions'' at the
end of the table, after the entry ``VIII. Steamboat Springs
PM10 Attainment/Maintenance Area''.
0
b. In the table in paragraph (e):
0
i. Revise the entry ``2008 Ozone Moderate Area Attainment Plan''.
0
ii. Remove the entry ``Reasonably Available Control Technology for the
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP)'' and add the entry ``Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) Moderate State Implementation Plan (RACT
SIP)'' in its place.
0
iii. Add the entries ``2008 Ozone Serious Area Attainment Plan'' and
``Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS) Serious State
Implementation Plan (RACT SIP)'' after the entry ``Ozone (8-hour, 2015)
DMNFR NNSR Certification''.
The revisions and additions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface Coating, Solvents,
Asphalt, Graphic Arts and Printing, and Pharmaceuticals
----------------------------------------------------------------------------------------------------------------
I. Surface Coating Operations.... 2/14/2021 6/8/2023 [insert Federal Previous SIP approval 8/
Register 5/2011; nonsubstantive
citation], 5/9/ changes approved 7/3/
2023. 2018; substantive
changes approved 2/24/
2021; nonsubstantive
changes approved 11/5/
2021. Substantive
changes limited
approval/disapproval 5/
9/2023.
[[Page 29834]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
----------------------------------------------------------------------------------------------------------------
I. Volatile Organic Compound 1/30/2022 6/8/2023 [insert Federal Previous SIP approval 2/
Emissions from Oil and Gas Register 13/2008. Substantive
Operations. citation], 5/9/ changes to section XII;
2023. state-only provisions
excluded, approved 7/3/
2018. Substantive
changes approved 11/25/
2021 except no action
on sections I.D., I.E.,
I.F. and I.J.1.
Conditional approval of
sections I.D., I.E.,
I.F., and I.J.1. 5/13/
2022. Limited approval/
disapproval section
I.D., I.E., I.F., and
I.J.1 5/9/2023.
* * * * * * *
III. Natural Gas-Actuated 2/14/2020 6/8/2023 [insert Federal Substantive changes to
Pneumatic Controllers Associated Register III.-III.B.3.,
with Oil and Gas Operations. citation], 5/9/ III.B.5., III.B.7.-
2023. III.C.2.c.(ii), III.D.-
III.D.2.b., III.D.3.b.,
and III.E.-III.E.2.c.
approved 11/5/2021.
Revisions to
definitions for
pneumatic controls
approved 5/9/2-23.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and Major
Source RACT
----------------------------------------------------------------------------------------------------------------
I. Control of Emissions from 11/14/2020 6/8/2023 [insert Federal Previous SIP approval 8/
Engines. Register 19/2005 and 12/31/2012;
citation], 5/9/ nonsubstantive changes
2023. to sections XVI.A.-C. 7/
3/2018; substantive
changes approved 2/24/
2021, except sections
XVI.D.4.b.(i) and
XVI.D.4.d. section
XVII.E.3.a. from the
Regional Haze SIP
approved in SIP.
Previous SIP approval
12/31/2012;
nonsubstantive changes
approved 2/24/2021 and
11/5/2021. Limited
approval/disapproval 5/
9/2023.
II. Control of Emissions from 2/14/2020 6/8/2023 [insert Federal Previous SIP approvals 8/
Stationary and Portable Engines Register 19/2005 and 12/31/2012;
and Other Combustion Equipment citation], 5/9/ nonsubstantive changes
in the 8-Hour Ozone Control Area. 2023. to approved 7/3/2018;
substantive changes
approved 2/24/2021
except sections
XVI.D.4.b.(i) and
XVI.D.4.d. Substantive
changes approved 11/5/
2021. Limited approval/
disapproval 5/9/
2023except NOX emission
limits for refinery
fuel heaters in
II.A.4.g.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-21, Regulation Number 21, Control of Volatile Organic Compounds from Consumer Products and
Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
I. Applicability................. 09/14/2019 6/8/2023 [insert Federal Limited approval/
Register disapproval 5/9/2023.
citation], 5/9/
2023.
II. Consumer Products............ 09/14/2019 6/8/2023 [insert Federal Limited approval/
Register disapproval 5/9/2023.
citation], 5/9/
2023.
III. Architectural and Industrial 09/14/2019 6/8/2023 [insert Federal Limited approval/
Maintenance Coatings. Register disapproval 5/9/2023.
citation], 5/9/
2023.
IV. Definitions.................. 09/14/2019 6/8/2023 [Insert Federal Limited approval/
Register citation, disapproval 5/9/2023.
5/9/2023.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
[[Page 29835]]
* * * * * * *
2008 Ozone Moderate Area 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 .....................
Attainment Plan.
Reasonably Available Control 11/21/2017 6/8/2023 [insert Federal Except major source
Technology for the 2008 8-Hour Register citation], NOX RACT. Previous
Ozone National Ambient Air 5/9/2023. SIP approvals 7/03/
Quality Standard (NAAQS) Moderate 2018, 2/24/2021, and
State Implementation Plan (RACT 11/05/2021. Limited
SIP). approval/limited
disapproval of RACT
regulations 5/9/
2023.
* * * * * * *
2008 Ozone Serious Area Attainment 2/14/2020 6/8/2023 [insert Federal Except for
Plan. Register citation], contingency
5/9/2023. measures, RACM,
enhanced monitoring,
and attainment
demonstration.
Reasonably Available Control 2/14/2020 6/8/2023 5/9/2023............. Limited approval and
Technology for the 2008 8-Hour limited disapproval.
Ozone National Ambient Air
Quality Standard (NAAQS) Serious
State Implementation Plan (RACT
SIP).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-09229 Filed 5-8-23; 8:45 am]
BILLING CODE 6560-50-P