[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61054-61056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25292]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-0649; FRL-9290-2]
Approval and Promulgation of State Implementation Plans; State of
Colorado Regulation Number 3: Revisions to the Air Pollutant Emission
Notice Requirements and Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions regarding the Air Pollutant
Emission Notice (APEN) regulations submitted by the State of Colorado
on September 16, 1997, June 20, 2003, July 11, 2005, August 8, 2006 and
August 1, 2007. The APEN provisions in Sections II.A. through II.D.,
Part A of Colorado's Regulation Number 3, specify the APEN filing
requirements for stationary sources and exemptions from such
requirements. This action is being taken under section 110 of the Clean
Air Act (CAA).
DATES: This final rule is effective November 2, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-0649. All documents in the docket are listed in
the http://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 either
electronically in http://www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Crystal Freeman, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6602,
[email protected].
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
Table of Contents
I. Background
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
The State of Colorado submitted formal revisions to their SIP
between 1997 and 2007 with Governor's letters dated as follows:
September 16, 1997; June 20, 2003; July 11, 2005; August 8, 2006; and
August 1, 2007. These submittals included revisions to the Colorado
APEN provisions in Regulation Number 3, Part A, Sections II.A. through
II.D. The Colorado APEN provisions in Regulation Number 3, Part A,
Sections II.A. through II.C., specify requirements for stationary
sources (major and minor) to file emission notices. These notices
provide information such as the location where a source's emissions
will occur, the nature of the source or of the activity generating the
expected emissions, and an estimate of the emissions' quantity and
composition. The Colorado APEN provisions in Regulation Number 3, Part
A, Section II.D. exempt specific categories of sources from APEN
requirements.
EPA's last final rulemaking action addressing revisions to
Colorado's APEN provisions was published January 21, 1997 (62 FR 2910).
The final rule today addresses the APEN SIP revisions discussed above.
EPA's final rule action on the revisions submitted by the State does
not trace the APEN provision changes through each of the submissions
noted above. For reasons of efficiency and clarity, EPA compared the
language of each APEN provision as submitted by the State on August 1,
2007 with the EPA-approved text of the same APEN provision in the 1997
Colorado SIP. These changes are detailed in the technical support
document available in the docket for this action. In Table 1 of Section
IV. below, EPA provides the approvals, disapprovals and no actions
being taken for each provision number as of the August 1, 2007
submittal. The reasons for EPA's final action are discussed in our
notice proposing action on these revisions and in the associated
technical support document. (76 FR 4271 (Jan. 25, 2011)). Through this
approach to the cumulative revisions, EPA is taking final action on all
APEN revisions--with certain exceptions noted below--as submitted by
the State of Colorado on September 16, 1997, June 20, 2003, July 11,
2005, August 8, 2006, and August 1, 2007.
II. Response to Comments
EPA did not receive comments on our January 25, 2011 Federal
Register proposed action regarding the partial approval and partial
disapproval of Colorado's SIP revisions to their Regulation Number 3,
Part A, Sections II.A. through II.D.
III. Section 110(l) of the CAA
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the National Ambient Air Quality Standards (NAAQS)
or any other applicable requirements of the Act. Those portions of the
revisions to Colorado's Regulation Number 3, Part A, Sections II.A.
through II.D. that we are approving satisfy section 110(l), because
those portions do not relax existing SIP requirements. Instead, the
revisions that EPA is approving increase stringency of existing
provisions, clarify existing provisions, or remove obsolete provisions.
Therefore, section 110(l) is satisfied for the provisions that EPA is
approving. However, EPA is disapproving some exemptions in part because
those provisions relax existing SIP requirements. (See 76 FR 4271.)
Because EPA is disapproving those provisions, section 110(l) is
satisfied.
IV. Final Action
EPA is partially approving and partially disapproving the Colorado
SIP revisions for APEN requirements and exemptions submitted by the
State on September 16, 1997, June 20, 2003, July 11, 2005, August 8,
2006, and August 1, 2007. As noted above, EPA's evaluation of the
revisions submitted by the State
[[Page 61055]]
does not track the APEN provision changes through each of the
submissions, but instead, for each provision, compared the textual
changes between the EPA-approved Colorado APEN provisions effective
February 21, 1997, and the Colorado-adopted APEN provisions included
with the August 1, 2007 submittal. Below is a comprehensive summary of
EPA's final action--approval, disapproval or no action--for each of the
Colorado APEN provisions in Regulation Number 3, Part A, Section II.
The APEN provision numbers are as codified in the August 1, 2007
submission.
In addition to Table 1 below, EPA is approving revisions to the
following provisions in Regulation Number 3, Part A, Section II: (1)
Deletion of provisions II.B.8., II.B.10., and II.D.4.b.; and (2)
renumbering of APEN requirements, the entirety of the language and
their new location in Section I.B. The provision references, before the
renumbering, were: II.B.5. and II.B.9. The references, after the
renumbering, are, respectively, I.B.43 and I.B.16.
EPA is disapproving revisions to the following provisions in
Regulation Number 3, Part A, Section II, which can also be found in
Table 1 below: (1) A revision to II.D.1.q., regarding the APEN
exemption for open burning activities; \1\ (2) new exemption
II.D.1.sss. and its subprovisions, which would exempt three tiers of
stationary internal combustion engines from APEN requirements; (3) new
exemption II.D.1.ttt. and its subprovisions, which would exempt three
tiers of emergency power generators from APEN requirements; (4) new
exemption II.D.1.xxx., which exempts deaerator/vacuum pump exhausts;
and (5) new exemption II.D.1.ffff., applicable to Air Curtain
Destructors.
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\1\ The revision changes the reference from Regulation Number 1
to Regulation Number 9, which is enforceable only by the State.
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EPA is taking no action on the following provisions, also found in
Table 1 below, in Regulation Number 3, Part A, Section II: (1)
II.D.1.m; II.D.1.ee; II.D.1.uu; II.D.1.ddd; and II.D.1.eeee., because
EPA already proposed approval of the repeal of these exemptions in a
separate action published on July 21, 2010 (75 FR 42346); and (2) the
revision to APEN exemption II.D.1.uuu., because we proposed approval of
the revision in the same July 21, 2010 proposal. The remaining
provisions listed in the ``No Action'' section of the table were not
revised by the State in any of the submittals that are the subject of
this action.
Table 1--List of Colorado APEN Provisions (Requirements and Exemption in Sections II.A Through II.D of Part A,
Regulation Number 3) by EPA--Final Rule
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EPA's final rule APEN provision number in August 1, 2007 submission
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Approval.................................... II.A; II.B.1; II.B.1.b; II.B.2; II.B.3; II.B.3.a; II.B.4.a.
through II.B.4.f; II.B.5; II.B.6 \2\; II.C., II.C.1, II.C.1.a;
II.C.1.h; II.C.2; II.C.2.b; II.C.2.b.(i) through II.C.2.b.(iv);
II.C.3; II.C.3.a through II.C.3.d; II.D; II.D.1; II.D.1.a;
II.D.1.f through II.D.1.i; II.D.1.j; II.D.1.k; II.D.1.n;
II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk; II.D.1.nn;
II.D.1.oo; II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff;
II.D.1.ggg; II.D.1.lll; II.D.1.nnn. through II.D.1.rrr;
II.D.1.vvv; II.D.1.www; II.D.1.yyy through II.D.1.dddd; II.D.2
through II.D.6.
Disapproval................................. II.D.1.q; II.D.1.sss; II.D.1.sss(i); II.D.1.sss(ii);
II.D.1.sss(iii); II.D.1.ttt; II.D.1.ttt(i); II.D.1.ttt(ii);
II.D.1.ttt(iii); II.D.1.xxx; II.D.1.ffff.
No Action................................... II.B; II.B.1.a; II.B.3.b; II.B.4; II.C.1.b. through II.C.1.g;
II.C.2.a; II.D.1.b. through II.D.1.e; II.D.1.i.(i). through
II.D.1.i.(iii); II.D.1.l; II.D.1.m; II.D.1.o; II.D.1.p; II.D.1.r.
through II.D.1.w; II.D.1.z; II.D.1.cc; II.D.1.dd; II.D.1.ee;
II.D.1.ff. through II.D.1.jj; II.D.1.ll; II.D.1.mm; II.D.1.pp.
through II.D.1.tt; II.D.1.uu; II.D.1.vv. through II.D.1.zz;
II.D.1.ddd; II.D.1.eee; II.D.1.hhh. through II.D.1.kkk;
II.D.1.mmm; II.D.1.uuu; II.D.1.eeee.
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\2\ For provisions II.B.5. and II.B.6., we are approving the renumbering.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
[[Page 61056]]
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 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 December 2, 2011. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 24, 2011.
Carol Rushin,
Deputy Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.320 is amended by adding paragraphs (c)(72)(i)(F) and
(c)(119) to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(72) * * *
(i) * * *
(F) Previously approved in paragraph (c)(72)(i)(D) under Regulation
No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-5. These sections
are now deleted without replacement: II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7, effective October 30, 2006.
* * * * *
(119) The State of Colorado submitted revisions on September 16,
1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007
to Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. The
August 1, 2007 submittal included a renumbering of sections in II.B and
II.D. The incorporation by reference in (c)(119)(i)(A) reflects the
renumbered provisions as of the August 1, 2007 submittal. Additionally,
the State of Colorado deleted sections II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7. without replacement. The deletion of these
provisions has been incorporated by reference at (c)(72)(i)(F) of this
section, the paragraph containing the original incorporation by
reference of the provisions.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and
Air Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section II, Air
Pollutant Emission Notice (APEN) Requirements, Sections II.A, Air
Pollutant Emission Notices for New, Modified, and Existing Sources; II.
B, General; II.B.1, Emission Estimate; II.B.1.b, Other engineering
calculations; II.B.2, Air Pollutant Emission Notice Term; II.B.3, APEN
Applicability; II.B.3.a, Criteria Pollutants; II.B.4.a; II.B.4.b;
II.B.4.c; II.B.4.d; II.B.4.e; II.B.4.f; the undesignated text
immediately following II.B.4.f and preceding II.B.5; II.B.5; II.B.6;
II.C, Revised Air Pollutant Emission Notices; II.C.1; II.C.1.a;
II.C.1.h; II.C.2; II.C.2.b; II.C.3; II.D, Exemptions from Air Pollutant
Emission Notice Requirements; II.D.1; the undesignated text immediately
following II.D.1 and preceding II.D.1.a; II.D.1.a; II.D.1.f; II.D.1.g;
II.D.1.h; II.D.1.i (excluding subprovisions); II.D.1.j; II.D.1.k;
II.D.1.n; II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk;
II.D.1.nn; II.D.1.oo; II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff;
II.D.1.ggg; II.D.1.lll; the undesignated text immediately following
II.D.1.lll and preceding II.D.1.mmm; II.D.1.nnn., II.D.1.ooo;
II.D.1.ppp; II.D.1.qqq; II.D.1.rrr; II.D.1.vvv; II.D.1.www; II.D.1.yyy;
II.D.1.zzz; II.D.1.aaaa; II.D.1.bbbb; II.D.1.cccc; II.D.1.dddd; II.D.2;
II.D.3; II.D.4; II.D.5; II.D.6; effective October 30, 2006.
0
3. Add paragraph (e) to Sec. 52.329 as follows:
Sec. 52.329 Rules and regulations.
* * * * *
(e) The State of Colorado submitted revisions on September 16,
1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007
to Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. One
of the revisions deleted two provisions from Section II and moved them
to Section I of Regulation Number 3, Part A. The revised regulatory
provisions read as follows:
(1) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and
Air Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.16, Criteria Pollutants,; effective June 30,
2004:
(i) Those pollutants for which the U.S. EPA has established
national ambient air quality standards, including: carbon monoxide,
nitrogen dioxide, sulfur dioxide, PM10, total suspended
particulate matter, ozone, volatile organic compounds (as a precursor
to ozone), and lead. For the purposes of Air Pollutant Emission Notice
reporting, criteria pollutants shall also include nitrogen oxides,
fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur,
reduced sulfur compounds, municipal waste combustor organics, municipal
waste combustor metals, and municipal waste combustor acid gases.
(2) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and
Air Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.43, Uncontrolled Actual Emissions; effective
June 30, 2004:
(i) The annual emission rate corresponding to the annual process
rate listed on the Air Pollutant Emission Notice form, without
consideration of any emission control equipment or procedures. The
division may allow a source to forego calculating or estimating its
uncontrolled actual emissions of hazardous air pollutants upon a
showing by the source and a determination by the division that the
creation of such data is unreasonably costly, technically impractical
or not reasonably related to information necessary for making
regulatory decisions with respect to that source. The division's final
determination may be appealed to the commission by the source.
[FR Doc. 2011-25292 Filed 9-30-11; 8:45 am]
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