[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Proposed Rules]
[Pages 63852-63860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17091]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2024-0225; FRL-12122-01-R8]


Air Plan Approval and Conditional Approval; Colorado; Regulation 
Numbers 7 and 21 and RACT Requirements for the 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 to 
approve and conditionally approve portions of a State Implementation 
Plan (SIP) submission from the State of Colorado dated May 3, 2024. The 
submission relates to Colorado Air Quality Control Commission (AQCC or 
Commission) Regulation Number 7 (Reg. 7) and Regulation Number 21 (Reg. 
21), and addresses Colorado SIP obligations related to reasonably 
available control technology (RACT) requirements for sources in 
nonattainment areas for the 2008 ozone National Ambient Air Quality 
Standards (NAAQS). The EPA is taking this action pursuant to the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before September 5, 
2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0225, 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 
https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
https://www.regulations.gov. 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,

[[Page 63853]]

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 EPA proposing to take?

    As explained below, EPA is proposing to approve and conditionally 
approve various Colorado SIP provisions with respect to the adequacy of 
reporting requirements that the State resubmitted on May 3, 2024. These 
provisions were part of SIP submittals originally submitted by Colorado 
on May 14, 2018; May 13, 2020; March 22, 2021; and May 20, 2022, to 
address RACT requirements for purposes of the 2008 ozone NAAQS. EPA 
previously finalized approvals, conditional approvals, limited 
approvals, limited disapprovals, and disapprovals of different portions 
of these submittals on May 9, 2023; \1\ November 7, 2023; \2\ and 
December 8, 2023.\3\ As relevant to today's proposal, EPA previously 
issued a limited approval/limited disapproval of certain SIP 
provisions, with the limited disapproval portion applicable to the 
adequacy of the reporting requirements associated with those provisions 
in the May 9, 2023 action.\4\
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    \1\ Final rule, 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, 88 FR 
29827.
    \2\ Final rule, Air Plan Approval and 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, 88 FR 76676.
    \3\ Final rule, Air Plan Disapproval; Colorado; RACT Elements 
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front 
Range Nonattainment Area, 88 FR 85511.
    \4\ 88 FR 29827.
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    On May 3, 2024, the State of Colorado resubmitted portions of the 
prior SIP submissions that were the subject of the limited disapproval 
and also submitted a letter committing to undertake additional steps to 
improve public access to regulatory compliance information and clarify 
existing SIP reporting requirements (Commitment Letter).\5\ Based on 
the additional information described in this letter, EPA is now 
proposing to approve Colorado's Reg. 7 and Reg. 21 with respect to the 
adequacy of reporting requirements for storage tank emission controls, 
storage tank and wet seal centrifugal compressor control device 
testing, consumer products, and architectural and industrial 
maintenance (AIM) coatings. EPA is basing its proposed approval on the 
additional information and clarification that the State provided 
concerning the existing reporting requirements that apply to them. 
Based on the additional information and commitments by the State to 
make additional revisions, EPA is also proposing to conditionally 
approve the adequacy of reporting requirements for metal parts and 
metal products coatings, wood products coatings, combustion equipment 
at major sources, and foam manufacturing. This proposed conditional 
approval is based on the State's commitment to make further revisions 
to the reporting requirements for these specific rules, and to submit 
those revisions to EPA for approval into the SIP, to address the 
deficiencies identified in the May 9, 2023 rulemaking that were the 
basis for the limited disapproval.\6\
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    \5\ ``Resubmittal of SIP revisions following Reconsideration. 
EPA Docket Nos.: EPA-R08-OAR-2022-0632; EPA-R08-OAR-2022-0857; and 
FRL-10362-02-R8'' commitment letter. Available in the docket for 
this action.
    \6\ Id.
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    Under section 110(k)(4) of the CAA, the EPA may conditionally 
approve a SIP submission 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 of the plan revision.\7\ If EPA finalizes the 
proposed conditional approval of the identified Reg. 7 rules, the State 
must meet its commitment to submit the necessary SIP revisions to EPA 
by May 31, 2025.\8\ If the State fails to do so, this conditional 
approval action would automatically become a disapproval on that date. 
If the State submits timely SIP revisions but EPA finds the SIP 
submittal to be incomplete, this conditional approval action would 
become a disapproval on the date of EPA's incompleteness finding. In 
either case, EPA would notify the State by letter that the conditional 
approval has converted to a disapproval. The EPA subsequently would 
publish a document in the Federal Register notifying the public that 
the conditional approval was converted to a disapproval. EPA notes that 
the provisions that we are proposing to conditionally approve are 
already part of the SIP due to our May 9, 2023 limited approval. Thus, 
in the event the conditional approval is converted to a disapproval, 
the underlying SIP provisions that were the subject of the prior 
limited approval/limited disapproval would remain in the SIP, but the 
prior limited disapproval of those provisions with respect to the 
adequacy of reporting requirements would return.
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    \7\ The provisions that we are proposing to conditionally 
approve are already part of the SIP due to our May 9, 2023 limited 
approval and thus are federally enforceable by the State and EPA, 
notwithstanding concerns about the current reporting requirements 
that may limit potential enforceability by others under CAA section 
304 citizen suit authority.
    \8\ See Commitment Letter, p. 13.
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    If we finalize this rulemaking as proposed, Colorado will have 
corrected some of the deficiencies identified in our May 9, 2023 
limited disapproval, and committed to correct the remaining 
deficiencies as described in its Commitment Letter. We are concurrently 
making an interim final determination to defer application of CAA 
section 179 sanctions associated with our May 9, 2023 limited 
disapproval. Consistent with applicable sanction regulations,\9\ EPA 
will be making the interim final determination based on this proposal 
to approve and conditionally approve SIP revisions from Colorado to 
resolve the deficiencies that were the basis of our prior limited 
disapproval that triggered sanctions. If this conditional approval 
converts to a disapproval due to the State's failure to meet its 
commitment, then the offset sanction under CAA section 179(b)(2) would 
apply in the affected area on the later of: (1) the date when the 
approval becomes a disapproval or EPA issues such a proposed or final 
disapproval, whichever is applicable; or (2) December 9, 2024 (i.e. 18 
months from the finding that started the original sanctions clock).\10\ 
Subsequently, the highway sanction under section 179(b)(1) would apply 
in the affected area six months after the date the offset sanction 
applies.\11\
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    \9\ 40 CFR 52.31(d)(2)(i).
    \10\ See id. In this case, the finding that started the original 
sanctions clock was the May 9, 2023 limited disapproval.
    \11\ See id.
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    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 Commitment Letter, are in the docket, available at https://www.regulations.gov, Docket ID No. EPA-R08-OAR-2024-0225.

II. Background

2008 8-Hour Ozone NAAQS Nonattainment

    On March 12, 2008, 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

[[Page 63854]]

years), to provide increased protection of public health and the 
environment.\12\ 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.\13\ Effective July 20, 2012, EPA designated any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data as 
nonattainment.\14\ In that action, EPA designated the Denver Metro/
North Front Range (DMNFR) Area as nonattainment and classified the area 
as Marginal.\15\ 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.\16\ States with areas designated as nonattainment and 
classified as Marginal were required to attain the 2008 8-hour ozone 
NAAQS no later than July 20, 2015, based on 2012-2014 monitoring 
data.\17\
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    \12\ 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).
    \13\ 40 CFR 50.15(b).
    \14\ Final rule, Air Quality Designations for the 2008 Ozone 
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
    \15\ Id. at 30110. The nonattainment area includes Adams, 
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson 
Counties, and portions of Larimer and Weld Counties. See 40 CFR 
81.306.
    \16\ 40 CFR part 50, appendix I.
    \17\ See 40 CFR 51.903.
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    On May 4, 2016, EPA published its determination that the DMNFR 
Area, among other areas, had failed to attain the 2008 8-hour ozone 
NAAQS by the applicable Marginal area attainment deadline, and 
accordingly reclassified the area as Moderate.\18\ Colorado submitted 
SIP revisions to the EPA on May 31, 2017, to meet the requirements for 
the Moderate classification in the DMNFR Area.\19\ Among the 
requirements for Moderate areas, states must submit SIP provisions to 
impose RACT level controls on relevant emission sources in the 
nonattainment area. EPA took final action approving the majority of the 
May 31, 2017 submittal on July 3, 2018, but deferred action on portions 
of the Reg. 7 rules submitted by the state to meet RACT 
requirements.\20\ On February 24, 2021, EPA took final action approving 
additional measures as addressing Colorado's RACT obligations for 
Moderate nonattainment areas.\21\ States with nonattainment areas 
classified as Moderate were required to attain the 2008 8-hour ozone 
NAAQS no later than July 20, 2018, based on 2015-2017 monitoring 
data.\22\ On December 26, 2019, EPA published its determination that 
the DMNFR Area, among other areas, had failed to attain the 2008 8-hour 
ozone NAAQS by the applicable attainment deadline for Moderate areas, 
and accordingly reclassified the area as Serious.\23\
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    \18\ 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).
    \19\ CAA section 182, 42 U.S.C. 7511a, 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 26699).
    \20\ 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).
    \21\ 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.
    \22\ See 40 CFR 51.903.
    \23\ 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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EPA's May 9, 2023 Final Rule

    On May 9, 2023, EPA took final action approving portions of the 
2008 8-hour ozone Serious area attainment plan for the DMNFR Area 
submitted by the State of Colorado on March 22, 2021, and portions of 
additional SIP submissions made by the State related to those 
requirements on May 8, 2019, May 13, 2020, March 22, 2021, May 18, 
2021, and May 20, 2022.\24\ The State made these SIP submissions to 
meet Serious ozone nonattainment plan requirements for the DMNFR Area, 
to address RACT requirements for certain source categories in the DMNFR 
Area, and to adopt volatile organic compounds (VOC) standards for 
consumer products and architectural and industrial maintenance 
coatings. In the May 9, 2023 action, EPA also finalized a limited 
approval and limited disapproval of parts of the SIP submissions made 
on May 14, 2018, May 13, 2020, March 22, 2021, May 18, 2021, and May 
20, 2022, with respect to certain RACT categories,\25\ and finalized a 
limited conditional approval and limited disapproval of specific 
provisions intended to meet RACT requirements.\26\
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    \24\ 88 FR 29827, table 1, 29829-29830 (May 9, 2023).
    \25\ Id. at 29830-29831, table 2 (listing portions subject to 
limited approval and limited disapproval), table 3 (RACT 
categories).
    \26\ Id. at 29830-29831, table 3. All other portions of the May 
9, 2023 final rule were effective as of June 8, 2023, and remain in 
effect.
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    The limited disapproval portions of the May 9, 2023 final rule 
resulted from the Agency's determination that although the rules met 
RACT requirements with respect to stringency, they lacked adequate 
periodic reporting requirements as required under the CAA and EPA 
regulations. Section 110 of the CAA includes several subsections 
requiring that a state's SIP provisions be enforceable, and that states 
require reporting from sources. Under section 110(a)(2)(A), state SIPs 
must ``include enforceable emission limitations and other control 
measures, means, or techniques * * * as may be necessary or appropriate 
to meet the applicable requirements of this chapter.'' Further, section 
110(a)(2)(C) requires SIPs to ``include a program to provide for the 
enforcement of the measures described in subparagraph (A).''
    Typically, a primary mechanism for ensuring that a SIP provision is 
legally and practicably enforceable is for a state to impose sufficient 
monitoring, recordkeeping, and reporting (MRR) requirements on affected 
sources. Section 110(a)(2)(F)(ii) speaks more explicitly to source 
reporting by requiring SIPs to ``require periodic reports on the nature 
and amounts of emissions and emissions-related data,'' as may be 
prescribed by EPA. EPA has promulgated regulations implementing section 
110(a)(2)(F) requirements at 40 CFR 51.211(a), which requires state 
SIPs to provide for periodic reports to the state on the nature and 
amount of emissions from stationary sources. EPA notes that reporting 
requirements serve multiple purposes, including promoting transparency, 
providing deterrence against violations, and supporting effective 
enforcement of SIP requirements. A lack of adequate reporting 
requirements can undermine citizens' ability to participate in the 
enforcement of the SIP as authorized and provided for in CAA section 
304. As explained in our May 9, 2023 action, EPA concluded that the 
rules subject to the limited disapproval did not ``include sufficient 
reporting requirements to ensure that citizens will be able to enforce 
the SIP requirements,

[[Page 63855]]

as is necessary under the CAA and EPA regulations.'' \27\
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    \27\ 88 FR at 29828.
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    On July 10, 2023, the State submitted a Petition for 
Reconsideration asking EPA to reconsider the limited disapproval 
portions of the May 9, 2023 final rule. EPA responded to the Petition 
for Reconsideration in a letter dated August 31, 2023, informing the 
State that EPA was granting the petition as to the limited disapproval 
portions of the May 9, 2023 final rule.\28\ Since granting the petition 
for reconsideration, EPA has offered Colorado the opportunity to 
explain more fully how the State's regulations provide for adequate 
reporting, to inform EPA of various actions taken by the Colorado Air 
Pollution Control Division (Division) to enhance access to public 
records and information, and to consider what changes to existing 
regulations would improve reporting requirements to address 
deficiencies. As a result of these discussions, Colorado has 
resubmitted Reg. 7 and Reg. 21 with additional explanations to support 
proposed approval of some provisions and a commitment to make changes 
to support proposed conditional approval of others.
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    \28\ See letter from EPA Regional Administrator KC Becker to 
Colorado Attorney General Phil Weiser (Aug. 31, 2023), in the docket 
for this action.
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III. Summary of State's SIP Submittals

    In this action, we are evaluating Colorado's May 3, 2024 SIP 
submittal intended to address reporting requirements in response to the 
May 9, 2023 limited disapproval. In this submittal, the State explained 
why some of the SIP provisions subject to the limited disapproval have 
adequate reporting requirements, and made a commitment to add reporting 
requirements for the other SIP provisions subject to the limited 
disapproval. The portions of the original SIP submittals that the State 
has resubmitted for EPA's evaluation with respect to reporting 
requirements are described below.

May 14, 2018 Submittal

    This submittal contained 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 implement RACT for oil and gas sources covered 
by the EPA's 2016 Oil and Gas Control Techniques Guidelines (CTG).\29\ 
We previously acted on this SIP submittal,\30\ which included 
finalizing a limited disapproval of Reg. 7, section XII.J.1., 
concerning centrifugal compressors.
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    \29\ Control Techniques Guidelines for the Oil and Natural Gas 
Industry, EPA-453/B-16-001 (Oct. 2016).
    \30\ 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 (Nov. 5, 2021) and 88 FR 29827 (May 9, 2023).
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May 13, 2020 Submittals

    On May 13, 2020, the State made two SIP submittals. One of the 
submittals included a full reorganization of Reg. 7 into parts A-E, 
amended oil and gas storage tank requirements, updated RACT 
requirements for major sources of VOC and nitrogen oxides 
(NOX) in the DMNFR Area, updated requirements for gasoline 
transport truck testing and vapor control systems, and included 
typographical, grammatical, and formatting corrections throughout. We 
previously acted on this SIP submittal,\31\ including finalizing a 
limited disapproval of Reg. 7, part D, sections I.D., I.E., and I.F. 
concerning storage tanks and section I.J.1. concerning centrifugal 
compressors.
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    \31\ 86 FR 61071 (Nov. 5, 2021) and 88 FR 29827 (May 9, 2023).
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    The second submittal contained a new Reg. 21 to limit the VOC 
content in consumer products and in AIM coatings manufactured, 
distributed, or sold in the DMNFR Area. Specifically, this rule adopted 
VOC standards in the Ozone Transport Commission (OTC) AIM coatings 
model rule phase 2 (2014) and VOC standards in the OTC consumer 
products model rule phase 4 (2013). Reg. 21 included definitions, 
exemptions, labeling, and recordkeeping provisions based on the OTC 
model rules. We previously acted on this SIP submittal,\32\ including a 
limited disapproval of Reg. 21, parts A and B.
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    \32\ 88 FR 29827 (May 9, 2023).
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March 22, 2021 Submittal

    This submittal contained the State's Serious ozone attainment plan 
and revisions to Reg. 7 to include RACT requirements in Colorado's 
ozone SIP for major sources that emit 50 tons per year (tpy) or more of 
VOC and/or NOX. The Reg. 7 revisions included expanding 
categorical requirements to reduce VOC emissions related to wood 
surface coatings in part C, section I.O.; adding NOX 
emission limits for turbines, boilers, and landfill or biogas engines 
in part E, section II.; and adding categorical requirements to reduce 
VOC emissions related to foam manufacturing in part E, section V. The 
State also made non-substantive typographical, grammatical, and 
formatting corrections to Reg. 7. We previously acted on this SIP 
submittal,\33\ including a limited approval/limited disapproval of Reg. 
7, part C, section I.O. concerning wood products coatings and part E, 
sections II.A. and V. concerning RACT rules for combustion equipment 
and foam manufacturing. The limited disapproval was only with respect 
to the adequacy of source reporting requirements.
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    \33\ 88 FR 29827 (May 9, 2023), 88 FR 76676 (Nov. 7, 2023), and 
88 FR 85511 (Dec. 8, 2023).
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May 20, 2022 Submittals

    One of the State's May 20, 2022 submittals contained amendments to 
Reg. 7 that establish categorical RACT requirements for major sources 
of NOX and sources covered by the miscellaneous metal parts 
coatings CTG in the DMNFR Area. Specifically, on July 16, 2021, the 
AQCC adopted RACT requirements in part C, section I. for miscellaneous 
metal parts coatings and part E, section II. RACT requirements for 
process heaters at major sources of NOX emissions. The State 
also made non-substantive typographical, grammatical, and formatting 
corrections to Reg. 7.
    The other May 20, 2022 submittal contained revisions concerning 
RACT requirements for oil and gas sources. Specifically, on December 
17, 2021, the AQCC adopted revisions to Reg. 7, part D, section I. for 
performance or manufacturer testing for combustion equipment used to 
control emissions from storage vessels and wet seal centrifugal 
compressors.
    We previously acted on these May 20, 2022 SIP submittals,\34\ 
including a limited approval/limited disapproval of Reg. 7, part C, 
section I.L. pertaining to metal parts and product coatings; part D, 
sections I.E. and I.J. pertaining to inspections of and performance 
testing for storage tanks and centrifugal compressors; and part E, 
section II. pertaining to combustion equipment rules. The limited 
disapproval was only with respect to the adequacy of source reporting 
requirements.
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    \34\ 88 FR 29827 (May 9, 2023) and 88 FR 76676 (Nov. 7, 2023).
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IV. Procedural Requirements

    The CAA requires that states meet certain procedural requirements 
before submitting a SIP submittal to the EPA, including the requirement 
that states adopt SIP revisions after reasonable notice and public 
hearing.\35\ In our November 9, 2022 proposed and May 9, 2023 final 
actions, we determined that Colorado had satisfied this requirement 
with respect to the SIP provisions that

[[Page 63856]]

the State has resubmitted again for consideration here. For additional 
background, see the November 9, 2022 proposed and May 9, 2023 final 
rules. We had previously acted on the State's May 14, 2018; May 13, 
2020; March 22, 2021; and May 20, 2022 submittals, but in this action, 
EPA is evaluating Colorado's May 3, 2024 SIP submittal intended to 
address reporting requirements in response to the May 9, 2023 limited 
disapproval. In this submission, the State has resubmitted the SIP 
provisions described above, explained why it has adequate reporting 
requirements for some of those SIP provisions, and made a commitment to 
add reporting requirements for the other SIP provisions.
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    \35\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2).
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V. EPA's Evaluation of SIP Control Measures in Light of New Information 
Submitted to EPA by the State of Colorado in the Commitment Letter

    In this proposed action, we are evaluating Colorado's May 3, 2024 
SIP submittal, which was intended to address reporting requirements in 
response to the May 9, 2023 limited disapproval, for the limited 
purpose of considering whether the submitted SIP provisions include 
reporting requirements that are adequate to comply with relevant 
requirements of CAA section 110 (as outlined in section II. of this 
document) and EPA regulations at 40 CFR 51.211(a). This consideration 
includes assessing whether the reporting requirements are sufficient to 
make the submitted SIP provisions legally and practicably enforceable 
by citizens.
    Our proposed approval and conditional approval of the respective 
SIP provisions in today's action does not otherwise alter our previous 
determination that these rules implement RACT with respect to the 
sources covered by the rules, but for the specified deficiencies in 
reporting requirements identified in the limited disapproval. We are 
taking comment on today's proposal for 30 days. Any comments on this 
proposal should address only our proposed approval and conditional 
approval with respect to reporting requirements.
    In the May 9, 2023 limited disapproval, we noted that the 
provisions at issue only required facilities to provide records to the 
state upon request of the state. In other words, these rules did not 
require sources to make any other periodic report related to compliance 
with the applicable provisions. We determined that this is inconsistent 
with CAA and regulatory requirements and undermines citizen 
enforceability of the specified rules. To address EPA's limited 
disapproval with respect to the absence of periodic reporting 
requirements, Colorado submitted a commitment letter to EPA on May 3, 
2024. The Commitment Letter describes the process the State undertook 
to identify existing adequate reporting requirements for some of the 
SIP provisions subject to the limited disapproval, as well as a 
commitment to add adequate reporting provisions to the other SIP 
provisions subject to the limited disapproval. In this action, we are 
proposing to determine that the State has provided adequate information 
and made the requisite commitments to make further changes to its rules 
that would ensure compliance with the relevant CAA provisions under 
section 110 and EPA regulations, and to allow for citizen 
enforceability of these rules under CAA section 304, so long as the 
State fulfills its commitments as described in the Commitment Letter.
    In evaluating what additional revisions might be appropriate to 
address EPA's limited disapproval, Colorado focused on three concepts 
to ensure public access to information necessary to evaluate compliance 
with SIP emission limitations: (1) the frequency of reporting; (2) the 
content of the information reported; and (3) public access to the 
reported information. More specifically, Colorado focused on three 
questions: (1) does the SIP require sources to report information 
necessary to evaluate compliance on a periodic basis?; (2) is the 
content of the information reported sufficient for a member of the 
public to evaluate whether the source is in compliance with applicable 
SIP emission limits?; and (3) can a member of the public access the 
requisite reported information? In general, EPA agrees with Colorado's 
approach of considering the three concepts of frequency, content, and 
public access to the information, as a useful approach to assess 
reporting requirements, based on the facts and circumstances related to 
a given SIP provision, such as the affected sources, form of the 
emission limitation, and other relevant considerations. Based upon 
EPA's evaluation of Colorado's May 3, 2024 SIP submission, which 
includes additional information submitted by the State and Colorado's 
commitment to revise certain rules, we are now proposing to approve 
some of the SIP provisions and to conditionally approve the other SIP 
provisions that were previously subject to the limited disapproval, as 
described below.

Metal Parts and Metal Product Rules, Reg. 7, Part C., Section I.L.

    Reg. 7, part C, section I. contains rules for surface coating 
operations.\36\ Section I.L. includes metal parts and metal products 
rules and applies to major and minor sources of VOC in the DMNFR Area. 
The rules require sources to use products that comply with VOC content 
limits listed in tables 1 and 2 of the regulation. The recordkeeping 
provisions in Reg. 7, part C., section I.L.5. currently require 
applicable records to be maintained for five years and made available 
to the Division upon request.
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    \36\ Reg. 7, part C SIP-approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
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    In its May 3, 2024 letter, the State clarifies that at least every 
five years, sources subject to metal parts and product rules must 
submit Air Pollution Emission Notices (APENs) that include records of 
the products used by the source. SIP-approved Reg. 3, part A, section 
II. requires that APENs specify the nature of the facility, process, or 
activity, and include an estimate of the annual actual emissions, 
including emission controls.\37\ APENs are required for sources in a 
nonattainment area with uncontrolled actual emissions of criteria 
pollutants (including the ozone precursors VOC and NOX) of 
one ton per year or more, and an affected source must submit them at 
least once every five years. Revised APENs must also be submitted by 
sources when various conditions occur, including when a significant 
change in annual actual emissions occurs, when new control equipment is 
installed, and when a permit limitation must be modified. Sources 
subject to section I.L.5. are required to list their most commonly used 
products on their APENs with enough specificity to enable the public to 
find the VOC content of those products. APENs are publicly available 
through the Division's Public Records Portal.\38\
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    \37\ SIP approved Reg. 3 APEN requirements can be found at 
https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
    \38\ See https://oitco.hylandcloud.com/CDPHERMPublicAccess/index.html.
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    In its Commitment Letter, Colorado also expresses concerns about 
EPA's statement regarding a potential director's discretion issue 
related to the APEN program in our response to comments in the May 9, 
2023 final action.\39\ In this document, we clarify

[[Page 63857]]

that the statement was intended to explain why we did not view the APEN 
program as sufficient by itself to provide adequate reporting 
requirements for the relevant rules subject to the limited disapproval. 
We did not intend to suggest that the APEN program itself creates a 
problematic director's discretion issue, or that the information 
required to be submitted through APENs in SIP-approved Reg. 3 is itself 
problematic. Rather, EPA intended the statement to be specific to the 
point addressed in that response to comments, and to whether the APEN 
program could sufficiently address the periodic reporting requirement 
deficiencies identified in the relevant regulations that resulted in 
the limited disapproval.
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    \39\ See EPA, Response to Comments for the Federal Register 
Notice on 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 (Apr. 25, 
2023) (``Response to Comments''), at 48.
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    In its Commitment Letter, Colorado provided additional information 
about the APEN program, and has committed to incorporate additional 
reporting requirements for the metal parts and metal products source 
category. In particular, because the APEN list of products used by a 
source might not be entirely comprehensive and a change in products 
used might not trigger the submittal of a revised APEN under Reg. 3 
(and which therefore might result in the APEN not being updated until 
the 5-year expiration of the previous notice), Colorado has committed 
to SIP revisions that will require sources to report information 
necessary to evaluate compliance on a periodic basis through, at a 
minimum, annual reports.\40\ The content of the information reported 
through the semi-annual or annual reports will include information on 
VOC content limits of products used such that the public can access the 
information necessary to evaluate compliance with the applicable SIP 
emission limits in section I.L. A member of the public will be able to 
access the requisite reported information through the Division's Public 
Records Portal.\41\ Accordingly, we are proposing to find that the 
revisions to which the State has committed would address the 
deficiencies identified in our May 9, 2023 limited disapproval, and we 
propose to conditionally approve Reg. 7, part C, section I.L.
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    \40\ Commitment Letter, p. 5.
    \41\ Colorado's Commitment Letter also lists other ways the 
public has access to reporting information. Colorado May 3, 2024 
letter to EPA, p. 2-3.
---------------------------------------------------------------------------

Wood Products Coating Rules, Reg. 7, Part C., Section I.O.

    Reg. 7, part C., section I.O. includes wood products coating rules 
applicable to major stationary sources of VOC emissions in the DMNFR 
Area.\42\ The rules require sources to use products that comply with 
VOC content limits in section I.O.3. The recordkeeping provisions in 
section I.O.5. require applicable records to be maintained for five 
years and to be made available to the Division upon request.
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    \42\ Reg. 7, part C SIP approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
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    In its Commitment Letter, the State clarifies that sources subject 
to wood products coating rules are subject to requirements for 
mandatory periodic reporting of certain information under state law for 
APEN filing requirements and under federal law for Title V reporting, 
such as deviations from emission limits. Sources must also submit an 
APEN to the State at least every five years, reporting the products 
used, among other things. These APENs are publicly available through 
the Division's Public Records Portal. Nonetheless, to help ensure that 
the public will be able to sufficiently evaluate whether sources are 
using products compliant with the VOC content limit in section I.O.3., 
and to ensure that the information is reasonably current (i.e., updated 
more frequently than every 5 years), Colorado has committed to SIP 
revisions that will require sources to report information necessary to 
evaluate compliance on a periodic basis through, at a minimum, semi-
annual reports.\43\ The content of the information reported through the 
semi-annual reports will include information on VOC content limits of 
products used such that the public can access the information necessary 
to evaluate compliance with the applicable SIP emission limits in 
section I.O. A member of the public will be able to access the 
requisite reported information through the Division's Public Records 
Portal. Accordingly, we are proposing to find that the revisions to 
which the State has committed would address the deficiencies identified 
in our May 9, 2023 limited disapproval, and we propose to conditionally 
approve Reg. 7, part C., section I.O.
---------------------------------------------------------------------------

    \43\ Commitment Letter, p. 5.
---------------------------------------------------------------------------

Combustion Equipment Rules, Reg. 7, Part E, Section II

    Reg. 7, part E, section II. includes regulations for combustion 
equipment located at major sources of NOX emissions in the 
DMNFR Area.\44\ These rules require sources to comply with 
NOX emission limits and combustion tuning requirements. The 
recordkeeping provisions in SIP-approved Reg. 7, part E, section 
II.A.7. require that affected sources keep records for a period of five 
years and make them available to the Division upon request. 
Additionally, as the State clarifies in the Commitment Letter, most of 
the subject combustion equipment is also subject to either continuous 
emissions monitoring or performance testing requirements, with 
corresponding reporting of excess emissions and performance testing. 
For example, the State explains that SIP-approved section II.A.8. 
requires sources that demonstrate compliance with emission limits in 
section II.A.4. using continuous emissions monitoring systems (CEMS) or 
continuous emissions rate monitoring systems (CERMS) to submit 
quarterly or semi-annual excess emissions reports to the Division. For 
units demonstrating compliance with section II.A.4 using performance 
testing, the State explains that sources must submit performance test 
reports to the Division within 60 days after completion of the 
performance test program. Under state law and the CAA Title V 
permitting program, the State further explains that sources are also 
subject to requirements for periodic reporting of certain information, 
such as deviations from emissions limitations. This information is 
publicly available through the Division's Public Records Portal. These 
specific reporting provisions were not the subject of the EPA limited 
disapproval. That limited disapproval applied to sources covered by the 
rule that are subject to combustion process adjustment requirements but 
did not have associated CEMS/CERMS or performance testing requirements.
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    \44\ Reg. 7, part E SIP approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
---------------------------------------------------------------------------

    To help ensure that members of the public will be able to evaluate 
compliance with the applicable emissions limitations, particularly with 
respect to sources not also subject to CEMS/CERMS or performance 
testing requirements, the State has committed to SIP revisions that 
will require sources to submit periodic reports containing information 
necessary to evaluate compliance.\45\ The content of the information 
reported will include information with respect to sources not also 
subject to continuous monitoring or performance testing such that the 
public can access the information necessary to evaluate compliance with 
all of the applicable SIP emission limitations in Reg. 7, part E, 
section II. A member of the public will be able to access the

[[Page 63858]]

requisite reported information through the Division's Public Records 
Portal. Accordingly, we are proposing to find that the revisions to 
which the State has committed would address the deficiencies identified 
in our May 9, 2023 limited disapproval, and we propose to conditionally 
approve Reg. 7, part E, section II.
---------------------------------------------------------------------------

    \45\ Commitment Letter, p. 2-3.
---------------------------------------------------------------------------

Foam Manufacturing Rules, Reg. 7, Part E, Section V

    Reg. 7, part E., section V. includes regulations for foam 
manufacturing operations located at major sources of VOC emissions in 
the DMNFR Area.\46\ The rules require sources to comply with VOC 
emission limits in section V.A.4. The recordkeeping provisions in 
section V.A.7. require that affected sources keep records for a period 
of five years and make them available to the Division upon request.
---------------------------------------------------------------------------

    \46\ Reg. 7, part E SIP approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
---------------------------------------------------------------------------

    The State's Commitment Letter clarifies that these sources are also 
subject to periodic reporting of certain information, including 
deviations from emissions limits such as pounds of VOC per material 
used, under the CAA federal Title V permitting program and state law. 
Colorado also explains that as to performance tests on emission control 
equipment that are required in Reg. 7, part E, section V.A.6., subject 
sources must submit test reports to the Division within 30 days of the 
performance tests, per SIP-approved requirements in the Common 
Provisions,\47\ and that these reports are publicly available through 
the Division's Public Records Portal.
---------------------------------------------------------------------------

    \47\ See section II.C.1. SIP-approved Common Provisions can be 
found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip. See also May 15, 
2024 email from Leah Martland, Colorado Air Pollution Control 
Division, to Abby Fulton, EPA, ``Request On Commitment Letter to 
EPA'' verifying the SIP-approved citation and explanation that the 
thirty day time period is specified in the Division's Compliance 
Test Manual (see page 9), which is available at https://cdphe.colorado.gov/compliance-and-enforcement.
---------------------------------------------------------------------------

    To help ensure that members of the public will be able to 
sufficiently evaluate source compliance with applicable emission 
limits, the SIP revisions that Colorado has committed to make as 
described in the Commitment Letter will require sources to report 
information necessary to evaluate compliance on a periodic basis 
through semi-annual reports.\48\ The content of the information 
reported through the semi-annual reports will include information on a 
pounds of VOC per material used basis such that the public can access 
the information necessary to evaluate compliance with the applicable 
SIP emission limits in section V. A member of the public will be able 
to access the requisite reported information through the Division's 
Public Records Portal.\49\ Accordingly, we are proposing to find that 
the revisions to which the State has committed would address the 
deficiencies identified in our May 9, 2023 limited disapproval, and we 
propose to conditionally approve Reg. 7, part E., section V.
---------------------------------------------------------------------------

    \48\ Commitment Letter, p. 7.
    \49\ See p. 2-3 of the Commitment Letter for a description of 
ways the public can access records and information.
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Inspections of and Performance Testing for Storage Tanks and 
Centrifugal Compressors, Reg. 7, Part D, Sections I.E. and 
I.J.50
---------------------------------------------------------------------------

    \50\ Previously Reg. 7, sections XII.E. and XII.J.
---------------------------------------------------------------------------

    Reg. 7, part D., sections I.E. and I.J. include regulations for 
inspections and performance testing for storage tanks and centrifugal 
compressors located at major and minor VOC oil and gas exploration and 
production operations, natural gas compressor stations, and natural gas 
drip stations in the DMNFR Area.\51\ The rules require sources to 
comply with SIP emission limitations, including combustion efficiency 
requirements for storage tank controls in I.D.3.a.(i) and performance 
testing requirements for enclosed combustion devices in sections I.E.3. 
and I.J.1.h.
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    \51\ Reg. 7, part D SIP approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
---------------------------------------------------------------------------

    The State's Commitment Letter explains how members of the public 
can obtain information on a periodic basis with the relevant content to 
evaluate compliance with storage tank emission limitations and any 
enclosed combustion device testing for the specified tanks or 
compressors. The State explains that owners or operators of storage 
tanks must conduct weekly inspections and submit an annual report to 
the Division with information in section I.F.3.c. to demonstrate 
compliance with the 95% VOC emission control strategy.\52\ The State 
further explains that this reporting must include a list of all storage 
tanks controlled pursuant to this rule, the monthly VOC emissions and 
emission factor, and the control efficiency for air pollution control 
equipment for each storage tank. Sources must also submit APENs at 
least every five years for storage tanks with uncontrolled actual VOC 
emissions equal to or greater than one ton per year. In the APENs, 
owners or operators report, among other information, actual annual 
emissions and control device efficiency. These annual reports and APENs 
are available to the public in the Division's Public Records Portal.
---------------------------------------------------------------------------

    \52\ Reg. 7, part D., section I.F.3.a.
---------------------------------------------------------------------------

    In the Commitment Letter, Colorado also explains that section 
I.E.3.a. requires owners or operators of storage vessels with the 
potential for VOC emissions equal to or greater than six tons per year 
to conduct performance testing of the control device used to reduce 
emissions at least every five years. Section I.J.1.h. requires that 
combustion devices used to reduce VOC emissions from wet seal fluid 
degassing systems on wet seal centrifugal compressors be tested at 
least every five years.\53\ For storage vessels and wet seal 
centrifugal compressors subject to sections I.E.3.a. and I.J.1.h., the 
State explains that the federal testing requirements in 40 CFR 60.5413a 
that Colorado has incorporated by reference into its SIP include 
periodic reporting requirements.\54\ Colorado further explains that 
these testing requirements include performance testing of control 
devices used to reduce VOC emissions from storage vessels and wet seal 
fluid degassing systems on wet seal centrifugal compressors.
---------------------------------------------------------------------------

    \53\ The applicability threshold for performance testing of 
control devices for storage vessels and wet seal centrifugal in 
sections I.E.3.a. and I.J.1.h. is the same for control devices 
subject to NSPS OOOOa performance testing.
    \54\ See initial performance test reporting requirements in 
Sec.  60.5413a(b)(5)(i)-(ii), reporting requirements of periodic 
performance tests in Sec. Sec.  60.5420a(b)(9) and 60.5413a(d)(12), 
and reporting requirements for control devices tested by the 
manufacturer in Sec. Sec.  60.5420a(b)(10) and 60.5413a(e)-(e)(1).
---------------------------------------------------------------------------

    Colorado also explains that the provisions in EPA's New Source 
Performance Standards (NSPS) OOOOa, incorporated into the SIP and 
applicable to any existing or new storage vessel or wet seal 
centrifugal compressor subject to the rule, requires owners or 
operators to submit performance test reports on a periodic basis. 
Accordingly, based on the additional information and clarification 
provided by the State in the Commitment Letter that NSPS OOOOa 
provisions for submitting performance test reports to EPA on a periodic 
basis have been incorporated into the SIP and that a member of the 
public will be able to access the requisite reported information 
through EPA,\55\ we are now proposing to approve the provisions in 
sections I.E. and I.J. with respect to the adequacy of reporting 
requirements.
---------------------------------------------------------------------------

    \55\ Performance test information submitted through EPA's 
Central Data Exchange (https://cdx.epa.gov/) is available to the 
public. See 40 CFR 60.5420a(b)(9).

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[[Page 63859]]

Consumer Products and Architectural and Industrial Maintenance (AIM) 
Coatings Rules, Reg. 21, Parts A and B

    Reg. 21, parts A and B include regulations for consumer products 
and AIM coatings.\56\ The rules apply to any person who sells, 
supplies, offers for sale, distributes for sale, or manufactures for 
sale consumer products in Colorado. Reg. 21 also applies to any person 
who supplies, sells, offers for sale, or manufacturers any AIM coating 
in Colorado and any person who applies or solicits the application of 
any AIM coating in Colorado. While these requirements apply statewide 
in Colorado, for purposes of federal applicability in Colorado's SIP, 
these requirements are only included in the SIP for sources in 
Colorado's ozone nonattainment area. The rules require affected 
entities to comply with the VOC content limits for consumer products in 
part A, table 1 and AIM coatings in part B, table 1. Container labeling 
requirements for consumer products are in part A, section III., and 
provide, among other things, that labels must include the date the 
product was manufactured or a date code representing the date of 
manufacture. Container labeling requirements for AIM coatings are in 
part B, section III., and provide, among other things, that labels must 
include the date the coating was manufactured or a date code 
representing the date of manufacture, and the applicable emission 
limitation (e.g., VOC content in grams per liter of coating).
---------------------------------------------------------------------------

    \56\ Reg. 21 SIP approved rules can be found at https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip.
---------------------------------------------------------------------------

    In the State's Commitment Letter, Colorado explains how members of 
the public can obtain information to assess compliance with the VOC 
content limits through existing publicly available means.\57\ Colorado 
has provided additional explanation about how already available 
information such as product labels, manufacturer websites, safety data 
sheets, and product testing give the public a way to evaluate a 
consumer product or AIM coating's compliance with emission limits in 
Reg. 21. Based on the availability of this information, the State has 
indicated why additional reporting requirements for the State's version 
of the AIM rule, unlike the federally applicable AIM rule, would not 
require any additional periodic source reporting requirements to make 
it enforceable. For these reasons, EPA proposes to agree that no 
additional reporting is needed with respect to this SIP provision. 
Accordingly, after considering all the information provided in the 
Commitment Letter, EPA is now proposing to approve the Reg. 21 
provisions with respect to the adequacy of reporting.
---------------------------------------------------------------------------

    \57\ Commitment Letter, p. 11.
---------------------------------------------------------------------------

VI. Proposed Action

    For the reasons explained above, EPA proposes to conditionally 
approve revisions to metal parts and metal products coatings rules in 
Reg. 7, part C, section I.L.; wood products coatings rules in Reg. 7, 
part C, section I.O.; rules for combustion equipment at major sources 
in Reg. 7, part E, section II.; and rules for foam manufacturing 
operations in Reg. 7, part E, section V. as described in the State's 
Commitment Letter. We also propose to fully approve storage tank 
emission control and storage tank and wet seal centrifugal compressor 
control device testing requirements for oil and gas exploration and 
production operations, natural gas compressor stations, and natural gas 
drip stations in the DMNFR Area in Reg. 7, part D., sections I.E. and 
I.J., and consumer products and AIM coatings rules in Reg. 21, which 
were previously subject to our May 9, 2023 limited disapproval based on 
the additional information that the State has provided.

VII. 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. The Colorado SIP provisions that 
the EPA is proposing to approve and to conditionally approve in this 
action do not interfere with any applicable requirements of the Act. In 
the case of those for which EPA is proposing approval, the State has 
provided additional information and explanation concerning how the 
existing provisions require reporting sufficient to meet CAA 
requirements. In the case of those for which EPA is proposing 
conditional approval, the State is committing to adopt and submit 
additional reporting obligations on sources that EPA anticipates will 
meet CAA requirements. Thus, EPA is proposing to find that the approval 
and conditional approval of the State's May 3, 2024 SIP submission is 
consistent with section 110(l). Colorado's submittals provide adequate 
evidence that the provisions were adopted after reasonable public 
notice and hearings. Therefore, EPA proposes to determine the CAA 
section 110(l) requirements are satisfied.

VIII. Environmental Justice Considerations

    As discussed in our May 9, 2023 final rule, 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 of 39%, with 
some census block groups ranking above the 80th percentile.\58\ There 
are also census block groups within the DMNFR Area where the percentage 
of low-income population is above the national average of 33% with some 
census block groups ranking above the 80th percentile.\59\
---------------------------------------------------------------------------

    \58\ See ``EJSCREEN Maps'' pdf, available within the docket.
    \59\ Id.
---------------------------------------------------------------------------

    This proposed action is intended to ensure that certain Colorado 
regulations have adequate reporting requirements or other mechanisms to 
make them legally and practicably enforceable, in accordance with the 
citizen suit provision of CAA section 304. We expect that this action 
will generally be neutral or (combined with the anticipated final 
action) 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, we expect that this action will not worsen 
any existing air quality. 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.

IX. 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).

[[Page 63860]]

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.);
     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.
    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. 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).
    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.'' The AQCC 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 performed an environmental 
justice analysis, as is described above in the section titled, 
``Environmental Justice Considerations.'' The analysis was done for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the action. Due to the 
nature of the action being taken here, this action is expected to have 
a neutral to positive impact on the air quality of the affected area. 
In addition, there is no information in the record upon which this 
decision is based inconsistent with the stated goal of E.O. 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.

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: July 29, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-17091 Filed 8-5-24; 8:45 am]
BILLING CODE 6560-50-P