[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47380-47383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21952]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0446; FRL-9969-46--Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a portion of the State Implementation Plan (SIP)
revisions submitted by the State of Colorado on February 25, 2015. The
revisions are to Colorado Air Quality Control Commission (Commission)
Regulation Number 3, Parts A, B and D. The amendments the EPA is taking
final action on include: Revisions to provisions for permitting
emissions for particulate matter less than 2.5 micrograms
(PM2.5) in Part D, modifications to the provisions for
filing revised Air Pollution Emission Notices (APEN) in Part A and
updates to public notice publication requirements in Part B. This
action is being taken under section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on November 13, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2017-0446. All documents in
the docket are listed on the http://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information 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
through 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. The EPA requests that 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: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Revisions to PM2.5 Significant Impact Level (SIL) and
Significant Monitoring Concentration (SMC) Provisions
Colorado's SIP submittal revises the SIL and SMC provisions for
PM2.5 in the State's Prevention of Significant Deterioration
(PSD) permitting program. Our proposed rulemaking, which was published
on August 18, 2017, details the relevant court decisions and the EPA's
corresponding rulemakings regarding PM2.5 SILs and SMCs (See
82 FR 39396). As explained in our proposal notice, Colorado's submittal
is consistent with EPA's revised rules.
Revisions to APEN Reporting
Colorado has revised its APEN reporting requirements to clarify
when a revised APEN is required due to a significant change in annual
actual emissions. The revision would clarify that the thresholds for
determining significant changes are based on an individual emission
unit's actual emissions on a pollutant-by-pollutant basis, not on
facility-wide emissions. This revision simplifies and streamlines the
requirements for filing revised APENs because the source's actual
annual emissions are the relevant information for inventory and fee
purposes when reporting past years' emissions or reporting significant
changes in annual actual emissions. Our proposed rulemaking outlines
the rationale for this revision and provides a detailed example of the
revision.
Revisions to Public Notice Requirements
Previously Part B, Section III.C.4., required the State to publish
public notice of certain proposed minor source construction permit
applications, including sources that apply for a permit to limit the
potential to emit criteria pollutants, in a newspaper of general
distribution in the area where the proposed project will be located or
by other such method reasonably designed to ensure effective public
notice. We are approving Colorado's revision to include other means
authorized by state statute and federal regulation that are designed to
provide public notice of the applicable permitting action. Please see
the notice for our proposed rulemaking for details.
II. Response to Comment
No comments were received on our August 18, 2017 notice of proposed
rulemaking.
III. What are the changes that EPA is taking final action to approve?
The EPA is taking final action to approve a portion of the SIP
revisions as submitted by Colorado on February 25, 2015, pertaining to
PM2.5 SILs and SMCs. As explained in our proposed
rulemaking, these changes meet the requirements under CAA section
110(l), which states that the EPA cannot approve a SIP revision that
interferes with any requirement concerning attainment, reasonable
further progress, or any other applicable requirement of the Act. The
revisions to the PSD program in Part D, Regulation Number 3 comply with
the requirements of 40 CFR 51.166 as revised by the EPA in response to
the D.C. Circuit Court of Appeals decision regarding PM2.5
SILs and SMCs. See 78 FR 73698.
The EPA is taking final action to approve a portion of the SIP
revisions as submitted by Colorado on February 25, 2015, pertaining to
revisions to Colorado's APEN requirements. These revisions, as outlined
in our proposed rulemaking, comply with section 110(l) because the
revisions are limited to the
[[Page 47381]]
filing of revised APENs that are designed to update Colorado's
emissions inventory or used to calculate emissions fees.
The revisions to the public notice minor source permitting
requirements comply with section 110(l) because, we find that the
revisions are consistent with our regulations regarding public notice
for minor NSR programs. As explained in detail in our proposal, the EPA
interprets the public notice requirements in 40 CFR 51.162 for minor
NSR programs to allow for any publishing venue for which it is
reasonable to conclude the public has routine and ready access.
For the reasons expressed above and in our proposed rulemaking, the
EPA is taking final action to approve revisions to Regulation Number 3,
Parts A, B and D and Appendix A in the February 25, 2015 submittal as
shown in Table 1 below. Appendix A was revised as a conforming change
to the APEN revisions. We are also approving the renumbering and
formatting changes for the definition of ``emission unit'' in
Regulation Number 3, Part D, I.A.13.a.; and II.A.13.a.(i)-(ii).
Table 1--List of Colorado Revisions That EPA Is Approving
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Revised Sections in February 10, 2015 Submission Final Action for
Approval
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Regulation Number 3, Part A:
II.C.2.b.(i)-(iii); and II.C.4.a. and b.
Appendix A.
Regulation Number 3, Part B:
III.C.4.
Regulation Number 3, Part D:
II.A.13.a.(i)-(ii); VI.A.2.c.; and VI.B.3.a.(iii).
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The EPA is not acting on revisions from Colorado's February 25,
2015 submittal related to greenhouse gas and carbon dioxide equivalent
(CO2e) revisions and the associated renumbering which was a result of
Colorado's proposed greenhouse gas revisions in Parts A and D. These
revisions will be acted on in a separate rulemaking.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Colorado rules as described in the amendments to 40 CFR part 52 set
forth in this document. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and/or
at the EPA Region 8 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the 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, the 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
in 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 the 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The 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 11, 2017. 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,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 47382]]
Dated: September 27, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
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2. Section 52.320 in paragraph (c) is amended as follows:
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a. By revising, under the centered heading ``5 CCR 1001-05, Regulation
Number 3, Part A, Concerning General Provisions Applicable to Reporting
and Permitting'' the table entries for ``II.'' and ``Appendix A.''
0
b. By revising, under the centered heading ``5 CCR 1001-05, Regulation
Number 3, Part B, Concerning Construction Permits'' the table entry for
``III.''
0
c. By revising, under the centered heading ``5 CCR 1001-5, Regulation
Number 3, Part D, Concerning Major Stationary Source New Source Review
and Prevention of Significant Deterioration'' the table entries for
``II.'' and ``VI.''
The revisions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
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State EPA effective Final rule citation/
Title effective date date date Comments
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5 CCR 1001-5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
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* * * * * * *
II. Air Pollutant Emission Notice 10/15/2014 11/13/2017 [Insert Federal
(APEN) Requirements. Register citation],
10/12/2017.
* * * * * * *
Appendix A, Method for Determining 10/15/2014 11/13/2017 [Insert Federal
De Minimis Levels For Non- Register citation],
Criteria Reportable Pollutants. 10/12/2017.
* * * * * * *
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5 CCR 1001-5, Regulation Number 3, Part B, Concerning Construction Permits
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* * * * * * *
III. Construction Permit Review 10/15/2014 11/13/2017 [Insert Federal
Procedures. Register citation],
10/12/2017.
* * * * * * *
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5 CCFR 1001-5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration
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II. Definitions................... 10/15/2014 11/13/2017 [Insert Federal Except II.A.26.d.,
Register citation], the phrase ``and
10/12/2017. only PM2.5 emissions
can be used to
evaluate the net
emissions increase
for PM2.5''
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VI. Requirements applicable to 10/15/2014 11/13/2017 [Insert Federal Except for VI.A.1.c.,
attainment and unclassifiable Register citation], the phrase ``for
areas and pollutants implemented 10/12/2017. phases that commence
under Section 110 of the Federal construction more
Act (Prevention of Significant than 18 months after
Deterioration Program). the initial granting
of the permit'';
VI.A.2., the phrase
``either Section
VI.A.2.a. or b., as
clarified for any
relevant air
pollutant, in
Section
VI.B.3.a.(iii) in
reference to PM2.5
monitoring
exemption; and
VI.B.3.d.
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[FR Doc. 2017-21952 Filed 10-11-17; 8:45 am]
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