[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31068-31072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13599]
[[Page 31068]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0567; FRL-9979-64--Region 8]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On May 31, 2017, the State of Colorado submitted State
Implementation Plan (SIP) revisions related to attainment of the 2008
8-hour ozone National Ambient Air Quality Standard (NAAQS) for the
Denver Metro/North Front Range (DMNFR) Moderate nonattainment area by
the applicable attainment date of July 20, 2018. The Environmental
Protection Agency (EPA) is approving the majority of the submittal, as
well as revisions made to Colorado's Reg. No. 7 in a May 5, 2013 SIP
submission. The EPA is deferring action on portions of the submitted
reasonably available control technology (RACT) rules. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: Effective August 2, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R08-OAR-2017-0567. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional available information.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, (303) 312-6563,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The DMNFR nonattainment area includes Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and Jefferson Counties, and portions of
Larimer and Weld Counties. See 40 CFR 81.306. The area was designated
nonattainment for the 2008 ozone NAAQS effective July 20, 2012 (77 FR
30088, May 21, 2012) and reclassified as a Moderate ozone nonattainment
area on May 4, 2016 (81 FR 26697; see 40 CFR 81.306). Moderate areas
are required to attain the 2008 8-hour ozone NAAQS by no later than 6
years after the effective date of designation, which for the DMNFR
nonattainment area is July 20, 2018. See 40 CFR 51.903.
On April 6, 2018, 83 FR 14807, the EPA proposed approval of certain
revisions to Colorado's SIP submitted to the EPA on May 5, 2013, and
May 31, 2017. Specifically, we proposed approval of Colorado's 2017
attainment demonstration for the 2008 8-hour ozone NAAQS. In addition,
we proposed approval of the motor vehicle emissions budgets (MVEB)
contained in the State's 2017 submittal. We also proposed approval of
all other aspects of the 2017 submittal, except for certain area source
categories and major source RACT, which we will be acting on at a later
date. We proposed approval of the revisions to Colorado's Reg. 7 and
11, except for Sections X.E and XIX of Reg. 7, which we will be acting
on at a later date. We proposed approval of the revisions to Colorado
Reg. 7 Section XII from the State's May 5, 2013 submittal.
The factual and legal background for this action is discussed in
detail in our April 6, 2018 proposed approval. 83 FR 14807. The
proposal provides a detailed description of the revisions and the
rationale for the EPA's proposed actions.
II. Response to Comments
We received nineteen comments during the public comment period.
After reviewing the comments, the EPA has determined that sixteen of
the comments are outside the scope of our proposed action or fail to
identify any material issue necessitating a response. We received two
comments supporting our proposal to approve the DMNFR moderate
nonattainment area attainment demonstration and related revisions, and
one adverse comment. Below is a summary of the material comments and
the EPA's responses.
Comments From Colorado Department of Public Health and Environment
The Colorado Department of Public Health and Environment (CDPHE)
stated that ``Colorado supports EPA's proposal to approve the DMNFR
moderate nonattainment area attainment demonstration and many of the
related revisions.'' The State further requested that the EPA delay
taking action on the combustion adjustment and tuning work practice
requirements in Reg. 7, Section XVI.D, due to ``Colorado's ongoing
efforts to further establish RACT for combustion sources on a
categorical basis.'' Colorado stated that it anticipates submitting to
the EPA additional RACT standards for combustion equipment in Summer
2019, and requested that the EPA delay action on Reg. 7, Section XVI.D
revisions from the May 31, 2017 submittal so that the Agency ``can
incorporate and approve Colorado's RACT standards for combustion
equipment all at once.''
Response: The Agency acknowledges the State's support for this
action. We agree with the request that we refrain from acting on Reg.
7, Section XVI.D of Colorado's May 31, 2017 submittal, which
established RACT as a work practice for combustion equipment at major
sources of nitrogen oxide (NOX) emissions. In our notice of
proposed rulemaking, we proposed to approve all of Reg. 7, Section XVI,
but explained that we would be acting on Colorado's RACT demonstration
for major sources in a future rulemaking and identified provisions for
which we were taking no action on at the time (see sections H and N of
the proposed rulemaking). The State's desire to incorporate Section
XVI.D into its anticipated combustion equipment RACT submission is
reasonable, and because Colorado did not rely on any emission
reductions from control requirements in Section XVI.D in its 2017
modeling analysis, we are able to act on this revision in a separate
action. We, therefore, agree with the State's comment and will act on
revisions to Reg. 7, XVI.D from the May 31, 2017 submittal at a later
time.
Comment From Anonymous
The comment described the approval of the State's revised SIP as
``a necessary step'' that ``will hold owners and operators more
accountable for their actions,'' and cited several specific provisions
as beneficial. The commenter urged future action on the changes made to
Reg. 7, Sections X and section XIX, and also urged ``every revision and
action'' to meet the ozone standard.
Response: The EPA agrees that the SIP provisions we are approving,
which will be enforceable as a matter of federal law, are necessary
steps to comply with the CAA and protect air quality. We are taking no
action in this final rule on the State submissions concerning Reg. No.
7, Sections X.E. and XIX, but do intend to act on them in a later
rulemaking. Further, we will continue our ongoing work to assist the
State in its
[[Page 31069]]
development of measures to improve air quality.
Comments From the Center for Biological Diversity
Comment 1
The comment stated that the ``EPA must disapprove the attainment
designation [sic; rightly ``demonstration''] because the N. Front Range
nonattainment area did not attain by the attainment deadline'' and that
the ``EPA must disapprove the attainment demonstration because it was
demonstrable [sic] wrong.'' The comment said that ``EPA has used the
excuse of ignoring ozone values if the comment period or decision is
before the May 1 deadline for certifying data'' and that the time the
comment was submitted was after May 1. The comment also explained that
``EPA uses the exceptional event provision as another excuse. However,
in Table 1 [from the commenter], which is generated from data from
EPA's Air Quality System (AQS), we have excluded exceptional events
even though Colorado's claims of exceptional events are not valid.''
Response: We do not agree with the commenter's argument that the
EPA should disapprove the attainment demonstration because the area did
not attain by the attainment deadline, or with the commenter's
assertions concerning exceptional events and the timing of the
submission.
Colorado has satisfied the legal and regulatory criteria for
approving attainment demonstration SIPs. An attainment demonstration
uses photochemical grid modeling to show that SIP controls are
sufficient to reduce predicted ambient ozone levels to a level at or
below the standard, assuming identical meteorology in the baseline and
future (modeled) years. As explained in section IV.D and E of the
proposed rulemaking, to predict future ozone levels the modeled
attainment demonstration uses a baseline design value derived from
historical data (in this case 2009-2013), historical meteorological
data from the baseline period, emission inventories representing the
baseline design value period, and modeled reductions in emissions based
on SIP control measures. The attainment demonstration is not required
to identically match actual monitored ozone levels for the future years
described in the model.\1\ Rather, it is intended to assess whether SIP
controls are adequate to reduce ambient ozone to a level at or below
the NAAQS by the attainment date, and such an assessment is based on
modeling. The modeled attainment demonstration can be an approvable SIP
element, even if actual monitored data do not show attainment.
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\1\ As noted above, attainment demonstration modeling assumes
that the future meteorology will be identical to that in the
baseline period, but year-to-year variability in meteorology means
that actual measurements of ozone in future modeled years cannot
match that predicted by models. In addition, monitoring data may not
always accurately reflect conditions in the area, such as during
times of exceptional events.
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Applying this standard, Colorado's attainment demonstration
qualifies for EPA approval. As described in the 2008 Ozone
Implementation Rule (80 FR 12292), ``[t]o demonstrate attainment, the
modeling results for the nonattainment area must predict that emissions
reductions implemented by the beginning of the last full ozone season
preceding the attainment date will result in ozone concentrations that
meet the level of the standard'' (80 FR 12270, March 6, 2015). We find
the attainment demonstration submitted on May 31, 2017, adequate to
meet this requirement.
The EPA acknowledges that 2014-2016 and 2015-2017 monitored design
values in the Denver nonattainment area violate the 2008 ozone NAAQS,
regardless of whether all data are used, or whether instead, potential
exceptional event data (which have not been acted on by the EPA) are
removed. But under the CAA, a determination of whether an area has
failed to attain is a separate action entirely from the review of an
attainment demonstration SIP. The EPA's SIP review occurs under CAA
section 110(k), 42 U.S.C. 7410(k), while a determination of whether an
area has failed to attain is governed by CAA section 181(b)(2), 42
U.S.C. 7511(b)(2). Under section 181(b)(2), the EPA must determine
whether an ozone nonattainment area has attained the applicable NAAQS
``[w]ithin 6 months following the applicable attainment date (including
any extension thereof).'' (Emphasis added.) Here, the applicable
attainment date is still in the future: July 20, 2018. After that date,
the EPA will analyze the pertinent information and determine whether
the DMNFR nonattainment area has attained the NAAQS by the applicable
attainment date in accordance with section 181(b)(2). In the event that
the EPA determines that the area failed to attain based on certified
air quality data, the DMNFR nonattainment area may be reclassified to
Serious by operation of law, and would then be subject to a number of
Serious area attainment planning and control requirements, including
developing and submitting a new attainment demonstration.
In addition, it is possible that Colorado will request and receive
an extension of the attainment date if that is required, as is
envisioned in section 181(b)(2). The CAA allows for up to two
attainment date extensions, if the fourth maximum 8-hour average ozone
concentration in the attainment year (2017 in this case) is below the
level of the standard.\2\ Thus, a nonattainment area may be able to
attain the NAAQS by the extended attainment date, even if the measured
design value for an area does not meet the NAAQS at the end of the
original attainment year, if the area is eligible for and is granted an
attainment date extension. The original attainment date has not yet
passed, and it is possible that the attainment date will be extended
per section 181(b)(2). As previously noted, the Colorado SIP submission
satisfies the requirements for a modeled demonstration that the area
will meet the standard in the attainment year.
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\2\ See CAA section 181(b)(2)(A), 42 U.S.C. 7511(b)(2)(A), the
EPA's implementing regulations at 40 CFR 51.1103, and 2008 Ozone
Implementation Rule (80 FR 12292).
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Comment 2
The commenter also criticized EPA's approach to calculating design
values for using figures that are ``truncated rather than rounded.''
Response: Rules for calculating monitored ozone design values for
the 2008 ozone NAAQS are in 40 CFR part 50, appendix P. Section 2.1 of
appendix P requires that hourly average ozone be truncated to the third
decimal place (0.001 ppm), as shall 8-hour averages compiled from the
individual 1-hour averages. Section 2.2 of appendix P then requires
that 3-year averages of annual fourth highest 8-hour averages also be
truncated to the third decimal place. The truncation is thus in
compliance with the procedure required by the regulations.
III. Final Action
We are approving the SIP submittal from the State of Colorado for
the DMNFR ozone nonattainment area submitted on May 31, 2017.
Specifically, we are approving the following:
Attainment demonstration with weight of evidence analysis
for the 2008 ozone NAAQS;
Base and future year emissions inventories;
RFP demonstration;
Demonstration of RACT for Volatile Organic Compounds (VOC)
Control Technique Guidelines (CTG) sources
[[Page 31070]]
(except for the following CTG source categories as to which we are not
taking any action at this time: Metal Furniture Coatings, 2007;
Miscellaneous Metal Products Coatings, 2008; Wood Furniture
Manufacturing Operations, 1996; Industrial Cleaning Solvents, 2006;
Aerospace, 1997; and Oil and Natural Gas Industry, 2016.);
Demonstration of RACM implementation;
Motor vehicle inspection and maintenance program revisions
in Colorado's Reg. No. 11;
NNSR program;
Contingency measures plan;
MVEBs; and
Revisions to Colorado's Reg. No. 7 (except for revisions
to Reg. No. 7, Section X pertaining to VOC controls of industrial
cleaning solvents, Section XVI.D revisions pertaining to RACT standards
for combustion equipment, and Section XIX revisions pertaining to RACT
requirements for major sources as to which we are not taking any
action).
We are also approving SIP revisions to Reg. No. 7 submitted by the
State on May 13, 2013, except for provisions that have been superseded
by later submissions, for which we are not taking any action. We are
approving these actions in accordance with section 110, 42 U.S.C. 7410,
and part D of the CAA.
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 Colorado
Reg. No. 11 pertaining to regulation of the State's motor vehicle
emissions inspection program and Colorado Reg. No. 7 pertaining to
regulation of sources of VOC and NOX emissions as discussed
in section IV., J. Motor Vehicle Inspection and Maintenance Program (I/
M) Program and N. SIP Control Measures (except we are not acting on
Reg. 7, Sections, X, XVI.D, and XIX in this action) of this preamble.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state actions,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves some state law provisions as meeting federal
requirements; this action 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action, because SIP approvals are exempted under
Executive Order 12866;
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 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).
In addition, the SIP does not 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 4, 2018. 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,
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: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
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PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320:
0
a. The table in paragraph (c) is amended by:
0
i. Revising table entries ``I,'' ``II,'' ``VI,'' ``VII,'' ``VIII,''
``IX,'' ``XII,'' and ``XVI,'' under the centered heading ``5 CCR 1001-
09, Regulation Number 7, Control of Ozone Via Ozone Precursors
(Emissions of Volatile Organic Compounds and Nitrogen Oxides).''
0
ii. Revising table entry ``II'' and adding table entry ``V'' in
numerical order under the centered heading ``5 CCR 1001-13, Regulation
Number 11, Motor Vehicle Emissions Inspection Program--Part A, General
Provisions, Area of Applicability, Schedules for Obtaining
Certification of Emissions Control, Definitions, Exemptions, and Clean
Screening/Remote Sensing.''
0
b. The table in paragraph (e) is amended by adding the entry ``2008
Ozone Moderate Area Attainment Plan'' after the last entry under the
heading ``Denver Metropolitan Area.''
The revisions and additions read as follows:
Sec. 52.320 Identification of plan.
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(c) * * *
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State EPA effective Final rule/citation
Title effective date date date Comments
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* * * * * * *
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5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
Compounds and Nitrogen Oxides)
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I. Applicability................. 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11 except for
citation], 7/3/ I.A.1.b, I.B.1.b,
2018. I.B.2.b, and I.B.2.d;
nonsubstantive changes
to I.A.1.a. and
I.A.1.c. approved 7/3/
2018.
II. General Provisions........... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11 except for
citation], 7/3/ II.A.12, II.C.1, and
2018. the repeal of
previously approved
II.D; nonsubstantive
changes to II.D
approved 7/3/2018.
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VI. Storage and Transfer of 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Petroleum Liquid. Register 05/11; nonsubstantive
citation], 7/3/ changes to
2018. VI.B.2.a.(iii)(B)
approved 7/3/2018.
VII. Crude Oil................... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11; nonsubstantive
citation], 7/3/ changes to VII.C 7/3/
2018. 2018.
VIII. Petroleum Processing and 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Refining. Register 05/11; nonsubstantive
citation], 7/3/ changes to
2018. VIII.C.4.a.(i)(A)(6) 7/
3/2018.
IX. Surface Coating Operations... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11; nonsubstantive
citation], 7/3/ changes to IX.A.3.c.,
2018. IX.A.5.a.-d., and
IX.A.12.a. 7/3/2018.
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XII. Volatile Organic Compound 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 02/
Emissions From Oil and Gas Register 13/08; substantive
Operations. citation], 7/3/ changes to Section XII;
2018. state-only provisions
excluded 7/3/2018.
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XVI. Control of Emissions from 2/15/2013, 1/ 8/2/2018 [Insert Federal Previous SIP approval 08/
Stationary and Portable Engines 14/2017 Register 19/05; nonsubstantive
in the 8-Hour Ozone Control Area. citation], 7/3/ changes to Sections
2018. XVI.A.-C. 7/3/2018.
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5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions,
Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and
Clean Screening/Remote Sensing
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[[Page 31072]]
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II. Definitions.................. 1/14/2017 8/2/2018 [Insert Federal
Register
citation], 7/3/
2018.
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* * * * * * *
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V. Expansion of the Enhanced 1/14/2017 8/2/2018 [Insert Federal
Emissions Program to the North Register
Front Range Area. citation], 7/3/
2018.
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* * * * *
(e) * * *
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State EPA effective Final rule/citation
Title effective date date date Comments
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* * * * * * *
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Maintenance Plans
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* * * * * * *
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Denver Metropolitan Area
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* * * * * * *
2008 Ozone Moderate Area 1/14/2017 8/2/2018 [Insert Federal Except RACT for Metal
Attainment Plan. Register citation], Furniture Coatings,
7/3/2018. Miscellaneous Metal
Products Coatings,
Wood Furniture
Manufacturing
Operations,
Industrial Cleaning
Solvents, Aerospace,
Oil and Natural Gas
Industry, and major
source RACT.
* * * * * * *
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[FR Doc. 2018-13599 Filed 7-2-18; 8:45 am]
BILLING CODE 6560-50-P