[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Rules and Regulations]
[Pages 22772-22774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09251]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0801; FRL-9907-58-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Prevention of Significant Deterioration; Greenhouse Gas 
Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions and additions to the Colorado State Implementation Plan (SIP) 
submitted by the Colorado Department of Public Health and the 
Environment (CDPHE) to EPA on May 25, 2011. The SIP revision to 
Colorado Regulation Number 3 and the Common Provisions Regulation 
addresses the permitting of sources of greenhouse gases (GHGs). 
Specifically, we are approving revisions to portions of Parts A, B and 
D of Regulation Number 3 to incorporate the provisions of EPA's 2010 
Prevention of Significant Deterioration (PSD) and Title V Greenhouse 
Gas Tailoring Rule. The SIP revisions establish emission thresholds for 
determining which new stationary sources and modifications to existing 
stationary sources become subject to Colorado's PSD permitting 
requirements for their GHG emissions. EPA is approving the May 25, 2011 
SIP revision to the Colorado PSD permitting program as being consistent 
with federal requirements for PSD permitting. EPA is also approving 
several grammar and punctuation changes to Regulation Number 3 made by 
the State and included in the May 25, 2011 submittal. EPA is finalizing 
this action under section 110 and part C of the Clean Air Act (the Act 
or CAA).

DATES: This final rule is effective May 27, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R08-OAR-2013-0801. All documents in the docket 
are listed in the www.regulations.gov index. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information 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 www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
St., 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, 8:00 a.m. to 4:00 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode 
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
St., Denver, Colorado 80202-1129, (303) 312-7814, 
ostendorf.jody@epa.gov.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The words or initials Act or CAA mean or refer to the federal 
Clean Air Act, unless the context indicates otherwise.
    (ii) The initials CDPHE mean or refer to the Colorado Department of 
Public Health and the Environment.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials GHG mean or refer to Greenhouse Gas.
    (v) The initials NSR mean or refer to New Source Review.
    (vi) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (vii) The initials SIP mean or refer to State Implementation Plan.
    (viii) The words State or CO mean the State of Colorado, unless the 
context indicates otherwise.

Table of Contents

I. Background for Our Final Action
II. What final action is EPA taking?
III. Statutory and Executive Orders Review

I. Background for Our Final Action

    The May 25, 2011 SIP submittal includes PSD permitting provisions 
that establish (1) GHG as a regulated pollutant under the PSD program, 
and (2) emission thresholds for determining which new stationary 
sources and modification projects become subject to Colorado's PSD 
permitting requirements for their GHG emissions consistent with EPA's 
GHG Tailoring Rule. The background for today's final rule and EPA's 
national actions pertaining to GHGs is discussed in detail in our 
proposal (see 79 FR 2144, January 13, 2014). The comment period was 
open for 30 days and we received no written comments.

II. What final action is EPA taking?

    Colorado has adopted and submitted regulations that are 
substantively similar to the federal requirements for the permitting of 
GHG-emitting sources subject to PSD. EPA is approving the May 25, 2011 
submittal for incorporation into the SIP. The submitted revisions 
establish thresholds for determining which stationary sources and 
modification projects become subject to permitting requirements for GHG 
emissions under Colorado's New Source Review (NSR) PSD program. 
Specifically, EPA is approving revisions to Regulation Number 3 Parts 
A, B and D and the Common Provisions Regulation. EPA has determined 
that these May 25, 2011 revisions are approvable into Colorado's SIP 
because they are consistent with the requirements of 40 CFR 51.166, in 
particular requirements set out in EPA's final GHG Tailoring Rule.

[[Page 22773]]

    Minor grammatical and capitalization changes made throughout the 
May 25, 2011 submittal are also approved. These include minor changes 
to Parts A, B and D of Regulation Number 3. The changes do not revise 
the regulatory meaning in Regulation Number 3 and are, therefore, 
approved without specific reference in this notice. We are not acting 
on grammatical revisions to Part C of Regulation Number 3 since this is 
the State's Title V operating permit program and it is not part of the 
SIP.

III. Statutory and Executive Orders Review

    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 final action merely approves state law that meets 
federal requirements and disapproves state law that does not meet 
federal requirements; when finalized, this action would 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.
    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 June 23, 2014. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 24, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(128) to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (128) On May 25, 2011, the State of Colorado submitted revisions to 
5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements, parts A, B, and D. The May 25, 
2011 submittal addresses the permitting of sources of greenhouse gases 
(GHGs). The revisions to portions of parts A, B, and D incorporate the 
provisions of the Prevention of Significant Deterioration (PSD) and 
Title V Greenhouse Gas Tailoring Rule. The revisions establish 
thresholds for determining which new stationary sources and 
modifications to existing stationary sources become subject to 
Colorado's PSD permitting requirements for their GHG emissions. These 
revisions are consistent with federal requirements for PSD permitting.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting 
and Air Pollutant Emission Notice Requirements, Part A, Concerning 
General Provisions Applicable to Reporting and Permitting, I.B., 
Definitions, I.B.10, Carbon Dioxide Equivalent (CO2e); I.B.23., 
Greenhouse Gas (GHG); I.B.25., Major Source, I.B.25b; and I.B.44., 
Subject to Regulation; VI., Fees, VI.D., Fee Schedule; Part B, 
Concerning Construction Permits, II.A.4. and II.A.7; Part D, Concerning 
Major Stationary Source New Source Review and Prevention of Significant 
Deterioration, II., Definitions, II.A., introductory paragraph, II.A.8, 
Best Available Control Technology (BACT); II.A.22., Major Modification; 
II.A.24., Major Stationary Source; II.A.24.a., introductory paragraph, 
II.A.24.a.(ii); II.A.24.b.; II.A.38., Regulated NSR Pollutant, 
II.A.38.e. and II.A.38.f.; adopted October

[[Page 22774]]

21, 2010 and effective December 15, 2010.

[FR Doc. 2014-09251 Filed 4-23-14; 8:45 am]
BILLING CODE 6560-50-P