[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 59000-59002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15953]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2023-0441; FRL-11837-02-R8]


Air Plan Approval; Colorado; 2017 Base Year Inventory and 
Emission Statement Rule Marginal Nonattainment Requirements, Revisions 
to Regulation 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of state implementation plan (SIP) revisions submitted by the 
State of Colorado on July 27, 2020, March 22, 2021, and June 26, 2023, 
to meet certain Clean Air Act (CAA) requirements related to the Denver 
Metro/North Front Range (DMNFR) area's classification as Marginal 
nonattainment for the 2015 8-hour ozone national ambient air quality 
standards (NAAQS). The revisions contain a base year emissions 
inventory for the nonattainment area and certify that the State's 
existing Air Pollutant Emission Notice (APEN) program for stationary 
sources fulfills the CAA's emission statement rule requirement. The 
revisions also include a new requirement for annual certification of 
APEN reported emissions for certain stationary sources. Unrelated to 
Colorado's Marginal ozone nonattainment obligations, the EPA is also 
approving the State's revisions to Regulation Number 3 concerning an 
update to the date of incorporation by reference of global warming 
potentials used in the computation of the carbon dioxide equivalent for 
comparing emissions from various greenhouse gases (GHGs). The EPA is 
taking this action pursuant to the CAA.

DATES: This rule is effective on August 21, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2023-0441. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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: Matthew Lang, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6709, email address: 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our April 
10, 2024 proposal (89 FR 25216). In that document we proposed to 
approve elements of Colorado's Marginal ozone nonattainment SIP 
submission, namely its 2017 base year emissions inventory and its 
certification that its APEN reporting program and the addition of an 
annual certification requirement meet the CAA's emission statement rule 
requirements. We found that these two SIP elements were prepared in 
accordance with the requirements of CAA sections 172(c)(3) and 
182(a)(1) (for emissions inventories) and 182(a)(3)(B) (for emission 
statement rules). We also proposed to approve revisions to Regulation 
Number 3, including incorporation of updated global warming potentials 
and the removal of outdated language. The EPA is finalizing its 
proposed approval of the 2017 base year emissions inventory, emission 
statement rule certification, and revisions to Regulation Number 3 that 
were submitted by the State of Colorado.

II. Response to Comments

    EPA held a 30-day comment period on the proposed rulemaking for 
this action, beginning on April 10, 2024, and ending on May 10, 2024. 
No comments were received.

III. Final Action

    For the reasons described in our April 10, 2024 notice of proposed 
rulemaking at 89 FR 25216, we are taking final action to approve 
elements of Colorado's July 27, 2020, March 22, 2021, and June 26, 2023 
SIP Submittals. Specifically, we are approving Colorado's 2017 base 
year emissions inventory under CAA sections 172(c)(3) and 182(a)(1). We 
are approving Colorado's certification of its APEN reporting program 
(July 27, 2020 SIP Submittal) and the addition of the annual 
certification requirement in section II.A.3. to Regulation Number 3, 
Part A (June 26, 2023 SIP Submittal) as meeting the emission statement 
rule requirements of CAA section

[[Page 59001]]

182(a)(3)(B). We are also approving certain revisions to Regulation 
Number 3, Part A, specifically to the date of incorporation by 
reference of global warming potentials in sections 1.B.10 and 
1.B.44.b.(i) (March 22, 2021 and June 26, 2023 SIP Submittals) and to 
the computation of the mass of carbon dioxide equivalent in section 
1.B.44.b.(i) (June 26, 2023 SIP Submittal).

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 
Regulation Number 3, Part A as described in sections I. and III. of 
this preamble and set forth below in the amendments to 40 CFR part 52. 
The EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region 8 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the 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 approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    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. In those areas of Indian 
country, the rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Colorado did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and Indigenous peoples.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 20, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see section 307(b)(2)).

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: July 16 2024.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

[[Page 59002]]

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.  52.320:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``I. Applicability'' and ``II. Air Pollution 
Emission Notice (APEN) Requirements'' under the center heading ``5 CCR 
1001-05, Regulation Number 3, Part A, Concerning General Provisions 
Applicable to Reporting and Permitting''.
0
b. In the table in paragraph (e):
0
i. Add the entry ``Ozone (8-hour, 2015) DMNFR 2017 Base Year 
Inventory'' after the entry ``Reasonably Available Control Technology 
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) 
Serious State Implementation Plan (RACT SIP)''.
    The revisions and addition read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

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                                     State        EPA effective       Final rule
             Title              effective date         date          citation/date             Comments
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                                                  * * * * * * *
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5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
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I. Applicability..............       2/14/2023  [August 21, 2024]  [insert Federal
                                                                    Register
                                                                    citation], 7/22/
                                                                    2024.
II. Air Pollution Emission           2/14/2023  [August 21, 2024]  [insert Federal
 Notice (APEN) Requirements.                                        Register
                                                                    citation], 7/22/
                                                                    2024.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

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                                     State        EPA effective       Final rule
             Title              effective date         date          citation/date             Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                    Maintenance and Attainment Plan Elements
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                                                  * * * * * * *
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                                            Denver Metropolitan Area
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                                                  * * * * * * *
Ozone (8-hour, 2015) DMNFR           2/14/2023  [August 21, 2024]  [insert Federal
 2017 Base Year Inventory.                                          Register
                                                                    citation], 7/22/
                                                                    2024.
 
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[FR Doc. 2024-15953 Filed 7-19-24; 8:45 am]
BILLING CODE 6560-50-P