[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4540-4542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1497]
[[Page 4540]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1033; A-1-FRL-9209-3]
Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Colorado; Revisions to Regulation 1
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving and partially disapproving a State
Implementation Plan (SIP) revision submitted by the State of Colorado
regarding its Regulation 1. Regulation 1 provides certain emission
controls for opacity, particulates, carbon monoxide and sulfur dioxide.
The revision involves the deletion of obsolete, the adoption of new,
and the clarification of ambiguous provisions within Regulation 1. The
intended effect of EPA's action is to make Federally enforceable the
revised portions of Colorado's Regulation 1 that EPA is approving and
to disapprove portions of the regulation that EPA deems are not
consistent with the Clean Air Act. This action is being taken under
section 110 of the Clean Air Act.
DATES: This final rule is effective February 25, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1033. 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, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, U.S.
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303)
312-6022, fax number (303) 312-6064, [email protected].
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.
(v) The words Provision or Regulation refer to Colorado's
Regulation 1.
(vi) The initials SO2 mean or refer to sulfur dioxide, HC mean or
refer to hydrocarbons and CO mean or refer to Carbon Monoxide.
(vii) The initials RACT mean or refer to Reasonably Available
Control Technology.
Table of Contents
I. Background Information Regarding Colorado's Submittal
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background Information Regarding Colorado's Submittal
On July 31, 2002, the State of Colorado submitted a formal revision
to its SIP. The July 31, 2002 revision deleted obsolete provisions in
Sections II.A.6, A.7, A.9 and C.3 \1\ regarding, respectively, alfalfa
dehydrating plant drum dryers, wigwam burners, the static firing of
Pershing missiles and a notice regarding waste materials. The
provisions were deleted from the regulation because these sources no
longer exist in the State and the notice regarding waste materials
appears in other Colorado regulations.
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\1\ All references in this notice to particular section numbers
are to the designated sections within Regulation 1.
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Colorado added language to its open burning provisions (Section
II.C.2.d) to clarify that the open burning of animal parts and
carcasses are not exempt from permit requirements. However, a special
allowance to conduct open burning activities without a permit is
provided where the State Agricultural Commission declares a public
health emergency or a contagious or infectious outbreak of disease that
imperils livestock is evident. Such activities require a telephone
notice to State and local health departments prior to conducting such
open burning activities. All necessary safeguards must be used to
minimize impacts on public health or welfare.
The State revised the method in Section III.A.1.d for calculating
emissions from multiple fuel burning units ducting to a common stack.
Emissions are to be calculated on a pound per million British thermal
unit (lbs/mmBtu) input and must be based on a weighted average of the
individual allowable limits for each unit.
The State added clarifying language in several provisions of
Regulation 1 stating that alternative performance test methods may be
used with approval from the State. It also specified that ASTM or
equivalent methods approved by the State may be used for fuel sampling
from sources subject to Regulation 1.
In sections VI A.3.e. and VI.B.4.g. regarding SO2
emissions, the State changed the overall emission limit for petroleum
and oil shale refineries from 0.3 lbs per barrel of oil processed per
day to 0.7 lbs per barrel of oil processed per day. The State also
added new language that modifies the method for calculating compliance
with emission limits for petroleum refining and cement manufacturing.
The State deleted Section VI.B.5, which stipulates that new sources of
SO2 emissions that do not fall in specific source categories
are subject to a 2 ton per day emission limit and are to utilize best
available control technology.
II. Response to Comments
EPA did not receive comments on our July 21, 2010 Federal Register
proposed action regarding the partial approval and partial disapproval
of Colorado's SIP revisions to their Regulation 1.
III. Section 110(l) of the CAA
Section 110(l) of the Clean Air Act 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 requirement of the Act. Those portions of the
revision to Colorado's Regulation 1 that we are approving satisfy
section 110(l), because those portions do not relax existing SIP
requirements. Instead, the portions of the July 31, 2002 submittal EPA
is
[[Page 4541]]
approving increase stringency of existing requirements, clarify
existing requirements, or remove obsolete requirements. Therefore,
section 110(l) is satisfied.
IV. Final Action
EPA is approving revisions to the following provisions in
Regulation 1: (1) Deletion of Sections II.A.6, II.A.7, and II.A.9
regarding emission limits for sources that no longer exist in the State
and the deletion of Section II.C.3 regarding an obsolete notice
involving the disposal of waste materials. The deletion of Sections II.
A6, A.7 and A.9 will cause a numbering change of subsequent paragraphs
within Sections II.A. EPA is adopting the new numbering scheme for
section II.A.; (2) revisions to Section II.C.2.d. regarding the burning
of diseased animal carcasses to prevent a public health emergency; (3)
revision of Section III.A.1.d involving the State's method for
calculating emissions from multiple fuel burning units ducted to a
common stack; (4) the deletion of Section III.C.2 regarding the
deletion of process weight emission standards for alfalfa drum dryers.
The deletion of Section III.C.2 will cause a numbering change of
subsequent paragraphs within Section III.C. EPA is adopting the new
numbering scheme for section III.C.; (5) Federal adoption of Section V
regarding emission standards for electric arc furnaces, except for a
portion of Section V.A.2 where the State has specified that their
director has discretion to approve other credible methods for
determining emission rates; and (6) revisions to Sections VI.A.3.e,
VI.A.3.f, VI.B.4.e, and VI.B.4.g.(ii) regarding the methods used for
the averaging of emissions over a 24 hour period.
EPA is disapproving revisions to the following provisions in
Regulation 1: (1) Revisions to Section III.A.2. and Section III.C.3
involving director's discretion regarding the method for conducting
performance tests; (2) the revision within Section V.A.2. where the
State gives its director's discretion regarding the method used to
determine compliance with electric arc furnaces' emission standards;
(3) revisions to Sections VI.B.4.e and VI.B.4.g(ii) regarding changes
in the SO2 emission limits for petroleum and oil shale
refining; (4) revisions to Section VI.B.5 regarding SO2
emission limits for new sources not falling in specified source
categories; and (5) revisions to Sections VI.C. and VI.F. regarding the
use of director's discretion for alternative methods to show compliance
with fuel sampling plans and alternative compliance procedures
respectively.
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.
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 March 28, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 23, 2010.
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 paragraph (c)(115) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
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(115) On July 31, 2003, the State of Colorado submitted revisions
to Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6,
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant
drum dryers, wigwam burners, the static firing of Pershing missiles and
a notice regarding waste materials. The State also deleted emission
limitations for alfalfa plant drum dyers by removing Section III.C.2.
Colorado's deletion of Sections II. A6, A.7 and A.9 and Section III.C.2
will cause a numbering change of subsequent paragraphs within Sections
II.A and III.C. EPA is adopting the new numbering scheme for sections
II.A. and III C. Section II.C.2.d. regarding agricultural open burning
is modified to include the burning of diseased animal carcasses to
prevent a public health emergency. Section III.A.1.d is modified for
incorporation of new State's method for calculating emissions from
multiple fuel burning units ducted to a common stack. Section V is
added regarding emission standards for electric arc furnaces, except
for the director's discretion provision provided for in Section V.A.2.
Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are modified
regarding the methods used for the averaging of emissions over a 24
hour period.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and
Opacity, Section II.C.2.d, effective March 2, 2002.
(B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September
30, 2001.
(C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard
for Existing Iron and Steel Plant Operations, effective September 30,
2001.
(1) The submittal contains Section V.A.2 with the language:
``Emissions from gas-cleaning device shall not exceed a mass
emission rate of 0.00520 gr/dscf of filterable particulates maximum
two-hour average, as measured by EPA Methods 1-4 and the front half of
Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by other credible
method approved by the Division. This particulate emissions standard
does not include condensable emissions, or the back half emissions of
Method 5''. The language ``or by other credible method approved by the
Division'' is disapproved. The language ``Appendix A, Part 60'' is
changed to ``appendices A1 through A3, Part 60'' in order to comply
with the current nomenclature of Part 60.
(D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and
VI.B.4.g(ii), effective September 30, 2001.
(1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7
lbs. sulfur dioxide, for the sum of all SO2 emissions from a
given refinery per barrel of oil processed, per day. This emission rate
is disapproved. The emission rate remains unchanged at 0.3 lbs. All
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is
approved.
[FR Doc. 2011-1497 Filed 1-25-11; 8:45 am]
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