Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to New Source Review Rules, 72744-72757 [05-23712]

Download as PDF 72744 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules (Enhancing the Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the Agency consults with State and local officials early in the process of developing the proposed regulation. This proposed rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely proposes to partially approve and partially disapprove state rules implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. power and responsibilities between the Federal government and Indian tribes. This action does not involve or impose any requirements that affect Indian Tribes. Thus, Executive Order 13175 does not apply to this rule. EPA specifically solicits additional comment on this proposed rule from tribal officials. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Dated: November 28, 2005. Robert E. Roberts, Regional Administrator, Region 8. [FR Doc. 05–23715 Filed 12–6–05; 8:45 am] F. Executive Order 13175, Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This proposed rule does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ‘‘voluntary consensus standards’’ (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. The EPA believes that VCS are inapplicable to this action. Today’s action does not require the public to perform activities conducive to the use of VCS. VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R08–OAR–2005–CO–0003; FRL–8005–6] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to New Source Review Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve those revisions adopted by Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source Permitting and Air Pollutant Emission Notice Requirements) that incorporate EPA’s December 31, 2002 NSR Reforms. Colorado submitted the request for approval of these rule revisions into the State Implementation Plan (SIP) on July 11, 2005 and supplemented its request on October 25, 2005. At this time, EPA is proposing to approve only the portions of Colorado’s revisions to Regulation Number 3 that relate to the prevention of significant deterioration (PSD) and non-attainment new source review (NSR) construction permit programs of the State of Colorado. Other revisions, renumberings, additions, or deletions to Regulation No. 3 made by Colorado as part of the April 16, 2004 final rulemaking will be acted on by EPA in a separate action. Colorado has a Federally approved New Source Review (NSR) program for new and modified sources impacting attainment and non-attainment areas in the State. On December 31, 2002, EPA published revisions to the federal Prevention of Significant Deterioration (PSD) and non-attainment NSR regulations. These revisions are commonly referred to as ‘‘NSR Reform’’ regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. These regulatory E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules revisions include provisions for baseline emissions determinations, actual-tofuture actual methodology, plantwide applicability limits (PALs), clean units, and pollution control projects (PCPs). On November 7, 2003, EPA published a reconsideration of the NSR Reform regulations that clarified two provisions in the regulations. On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued its ruling on challenges to the December 2002 NSR Reform revisions. Although the Court upheld most of EPA’s rules, it vacated both the Clean Unit and the Pollution Control Project provisions and remanded back to EPA the ‘‘reasonable possibility’’ standard for when a source must keep certain project related records. Colorado is seeking approval, at this time, for its regulations to implement the NSR Reform provisions that have not been vacated or remanded by the June 24, 2005, court decision. DATES: Comments must be received on or before January 6, 2006. ADDRESSES: Submit comments, identified by Regional Material in EDocket (RME) ID No. R08-OAR–2005CO–0003 by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Agency Web site: https:// docket.epa.gov/rmepub. Regional RME, EPA’s electronic public docket and comments system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. E-mail: daly.carl@epa.gov. Fax: (303)312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). Mail: You may send written comments to: Richard R. Long, Director, Air and Radiation Program, U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202. Hand delivery: Deliver your comments to: Richard R. Long, Director, Air and Radiation Program, U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite 300, 3rd floor, Denver, Colorado 80202. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8 a.m. to 4:55 p.m. excluding Federal holidays. VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 Instructions: Direct your comments to RME ID No. R08-OAR–2005-CO–0003. EPA’s policy is that all comments received will be included in the public docket without change and may be made available at https://docket.epa.gov/ rmepub, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov, or e-mail. The EPA RME Web site and the federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit EDOCKET online or see the Federal Register of May 31, 2002 (67 FR 38102). For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the electronic docket are listed in the RME index at https://docket.epa.gov/rmepub. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in RME or in hard copy at Environmental Protection Agency, Region 8, Air and Radiation Program, 999 18th Street, Suite 300, Denver, Colorado 80202. We recommend that you telephone Carl Daly at (303) 312–6416 before visiting PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 72745 the Region 8 office. This Facility is open from 8 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Carl Daly, Air and Radiation Program, U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202, (303) 312– 6416, daly.carl@epa.gov. SUPPLEMENTARY INFORMATION: 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. This supplementary information section is arranged as follows: I. General Information A. Does this action apply to me? B. How can I get copies of this document and other related information? C. What should I consider as I prepare my comments for EPA? D. How and to whom do I submit comments? II. What Is Being Addressed in This Document? III. What Are the Changes That EPA Is Approving? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews I. General Information A. Does this action apply to me? This action affects major stationary sources in Colorado that are subject to or potentially subject to the PSD or nonattainment NSR construction permit program. B. How can I get copies of this document and other related information? 1. The Regional Office has established an electronic public rulemaking file available for inspection at RME under ID No. R08–OAR–2005–CO–0003, and a hard copy file which is available for inspection at the Regional Office. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include CBI or other information whose disclosure is restricted by statute. The official public rulemaking file is the collection of materials that is available for public viewing at the Air Programs Branch, Air E:\FR\FM\07DEP1.SGM 07DEP1 72746 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules and Radiation Program, EPA Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202. EPA requests that, if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8 a.m. to 4:55 p.m. excluding Federal holidays. 2. Electronic Access. You may access this Federal Register document electronically through the regulations.gov Web site located at https://www.regulations.gov where you can find, review, and submit comments on Federal rules that have been published in the Federal Register, the Government’s legal newspaper, and that are open for comment. For public commenters, it is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office and as part of the electronic public rulemaking file (EDocket), as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection. C. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). b. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. d. Describe any assumptions and provide any technical information and/or data that you used. e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. f. Provide specific examples to illustrate your concerns, and suggest alternatives. g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. h. Make sure to submit your comments by the comment period deadline identified. D. How and to whom do I submit comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ‘‘Public comment on proposed rulemaking Region 8 Air Docket R08–OAR–2005–CO–0003’’ in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. Submit comments to the email or street address given in the ADDRESSES section of this notice. II. What Is Being Addressed in This Document? We are proposing to approve portions of Colorado’s revisions to the Stationary Source Permitting and Air Pollutant Emission Notice Requirements (Regulation No. 3), submitted by Colorado on July 11, 2005 and October 25, 2005, that relate to the Prevention of Significant Deterioration (PSD) and nonattainment New Source Review (NSR) construction permit programs of the State of Colorado. These revisions, among other revisions, to Regulation No. 3 were adopted by the Colorado Air Quality Control Commission on April 16, 2004. Regulation No. 3 includes the PSD and non-attainment NSR construction permit programs of the PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 State of Colorado. On February 3, 1983, EPA determined that Colorado’s State Implementation Plan (SIP) satisfied all requirements of Part D of the Clean Air Act for regulating stationary sources in non-attainment areas (48 FR 29071). Colorado’s Regulations for a Prevention of Significant Deterioration (PSD) program for attainment areas were Federally approved (with some exceptions) and made a part of the SIP on September 2, 1986 (51 FR 31125). Finally, Colorado adopted a merged NSR/operating permit program that was approved by EPA on January 21, 1997 (62 FR 2910). On December 31, 2002, EPA published revisions to the federal PSD and non-attainment NSR regulations in 40 CFR parts 51 and 52 (67 FR 80186). These revisions are commonly referred to as ‘‘NSR Reform’’ regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. These regulatory revisions include provisions for baseline emissions determinations, actual-to-future actual methodology, plantwide applicability limits (PALs), clean units, and pollution control projects (PCPs). As stated in the rulemaking, State and local permitting agencies must adopt and submit revisions to their part 51 permitting programs implementing the minimum program elements of that rulemaking no later than January 2, 2006 (67 FR 80240). With the July 11, 2005 submittal, Colorado requested approval of program revisions into the State Implementation Plan (SIP) that satisfy this requirement. On November 7, 2003, EPA published a reconsideration of the NSR Reform regulations that clarified two provisions in the regulations by including a definition of ‘‘replacement unit’’ and by clarifying that the plantwide applicability limitation (PAL) baseline calculation procedures for newly constructed units do not apply to modified units. On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued its ruling on challenges to the December 2002 NSR Reform revisions State of New York et al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005). Although the Court upheld most of EPA’s rules, it vacated both the Clean Unit and the Pollution Control Project provisions and remanded back to EPA the recordkeeping provision that required a stationary source to keep records of projects when there was a ‘‘reasonable possibility’’ that the project could result in a significant emissions increase. Colorado’s PSD and NSR program revisions were published in the Air Quality Control Commission Regulation E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules No. 3 (5 CCR 1001–5) on June 30, 2004 and are noted as Revision 4/16/2004. In the revised regulation Colorado noted that NSR Reform revisions will become effective in Colorado when the EPA approves that language for incorporation into the State Implementation Plan. This is noted in the Style Guide to Regulation No. 3, as ‘‘italicized text will become effective when the U.S. EPA approves that language for incorporation into the state implementation plan.’’ In addition, Colorado noted that provisions superceded by the NSR Reforms will be effective in Colorado only up to when EPA approves the new NSR Reform language into the State Implementation Plan. This is noted in the Style Guide to Regulation No. 3, as ‘‘underlined text will be effective until the U.S. EPA approves the italicized text for incorporation into the state implementation plan.’’ In the transmittal letter for the July 11, 2005 submission Colorado requested that EPA not take action, at this time, on the clean unit and PCP provisions of the state rule and on the term ‘‘reasonable possibility’’ in provisions D.V.A.7.c. and D.VI.B.5. of the state rule. In a September 28, 2005 letter to EPA, Colorado provided a revised list of provisions that Colorado requested EPA, at this time, not take action on. Colorado supplemented its July 11, 2005 request in an October 25, 2005 submission that provided two correct April 16, 2004 versions of Regulation No. 3. All of these documents are available for review as part of the Docket for this action. III. What Are the Changes That EPA Is Approving? EPA is proposing to approve those revisions adopted by Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source Permitting and Air Pollutant Emission Notice Requirements) that incorporate EPA’s December 30, 2002 NSR Reforms (with the exceptions noted in the table below). EPA is also proposing to approve revisions Colorado made to Regulation No. 3 prior to the April 16, 2004 final rulemaking that VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 incorporate the revisions EPA made to the Federal NSR rules on July 21, 1992 (with the exceptions noted in the table below). These revisions are referred to as the WEPCO rule (for the Wisconsin Electric Power Company court ruling) and added definitions and provisions that have been incorporated into the April 16, 2004 version of Regulation No. 3. In addition to incorporating the NSR Reforms into the April 16, 2004 Regulation No. 3 revision, Colorado also restructured Regulation No. 3, including adding a new Part D titled Concerning Major Stationary Source New Source Review and Prevention of Significant Deterioration. The new Part D contains most of the NSR/PSD definitions, provisions, and sections that were revised or newly created by the NSR Reform rule. In addition, numerous Regulation No. 3 Part A and Part B NSR/ PSD definitions, provisions, and sections not revised by the NSR Reform rule, but already approved into the SIP, have been moved into the new Part D. EPA is proposing to approve the revisions to Regulation No. 3 creating the new Part D with the exceptions noted in the table below. The revisions adopted by Colorado on April 16, 2004 have structured Regulation No. 3 as follows: Part A now contains general provisions applicable to reporting and permitting, Part B addresses construction permits; Part C (not a part of the SIP) includes the operating permit program; and Part D deals with the Nonattainment New Source Review and Prevention of Significant Deterioration programs for major stationary sources. Minor sources will only be subject to Parts A and B; major sources (as defined for the Operating Permit program) are governed by Parts A, B and C. Major stationary sources must comply with Parts A, B, C and D. In particular, this reorganization separated the major stationary source NSR provisions from the construction permit requirements applicable to all sources. Part A Changes. EPA is proposing to approve changes Colorado made to Part PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 72747 A where the NSR Reform rule added or changed specific language used in this Part (as specified in the table below). In addition, EPA is proposing to approve changes Colorado made in Part A that moved the provisions applying to major NSR to Part D (as specified in the table below). EPA is not taking action, at this time, on any other revisions, renumberings, additions, or deletions to Part A made by Colorado as part of the April 16, 2004 final rulemaking action. These other changes will be acted on by EPA in a separate action. Changes to Part B. EPA is proposing to approve only the NSR Reform rule conforming changes Colorado made in Part B, which moved the provisions applying to major NSR to Part D (as specified in the table below). At this time, EPA is not taking action on any other revisions, renumberings, additions, or deletions to Part B made by Colorado as part of the April 16, 2004 final rulemaking action. These other changes will be acted on by EPA in a separate action. Part D Changes. Colorado created Regulation No. 3 Part D in order to make Colorado’s air quality program consistent with the EPA NSR Reform rules. The references to NSR requirements in Part D include both the nonattainment NSR and PSD programs. Based on Colorado’s request, EPA is not taking action, at this time, on provisions related to clean units, pollution control projects, and the term ‘‘reasonable possibility’’ as it appears in D–V.A.7.c. and D–VI.B.5. EPA is proposing to approve the new Part D except for the specific provisions noted in the table below. The following table specifies provisions of Regulation No. 3 that Colorado revised/renumbered or newly added in order to incorporate EPA’s NSR Reform and WEPCO rules and to create a separate NSR/PSD major stationary source part (Part D). The table also notes whether the provision is being proposed by EPA to be incorporated into the Colorado SIP. E:\FR\FM\07DEP1.SGM 07DEP1 Provision location in Colorado’s 4/16/2004 Reg. 3 Revision VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 D–II.A.6 .......................... D–II.A.5 .......................... A–I.B.7 ............................ Frm 00023 Fmt 4702 Sfmt 4702 D–II.A.19 ........................ D–II.A.16 ........................ E:\FR\FM\07DEP1.SGM A–I.B.33 ............................ D–II.A.26 ........................ D–II.A.24 ........................ A–I.B.32 ............................ D–II.A.23 (except II.A.23.d(iii), (viii), (x), (xi), and (e)—see below). D–II.A.23.d.(iii) ................ A–I.B.34 ............................ D–II.A.21 ........................ A–I.B.31 ............................ A–I.B.21 ............................ D–II.A.12. ....................... A–I.B.12 ............................ A–I.B.15. ........................... D–II.A.8 .......................... A–I.B.11 ............................ A–I.B.10 ............................ A–I.B.8 .............................. D–II.A.3 .......................... A–I.B.1 .............................. A–I.B.7 .............................. D–II.A.I ........................... Provision location in Colorado’s current SIP Reg. 3 (N/A = not in current Colorado SIP) A–I.B.35.b ......................... 07DEP1 N/A .................................... Use of an alternative fuel at a steam generating unit (part of Major Modification definition). Major Modification definition ...................... Minor Source Baseline Date definition ...... Major Source Baseline Date definition ...... Lowest Achievable Emission Rate definition. Innovative Control Technology definition .. Federal Land Manager definition .............. Complete definition (for PSD/NSR purposes). Best Available Control Technology definition. Baseline Concentration definition .............. Baseline Area definition ............................ Allowable Emissions definition .................. Air Quality Related Value definition .......... Actual emissions definition ........................ Provision description Yes ................................. Yes, except as noted below. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. EPA proposing to incorporate revision or addition into the SIP 51.166(b)(2)(iii)(d), 51.165(a)(1)(v)(C)(4)(iv). 51.166(b)(2), 51.165(a)(1)(v) ..................... 51.166(b)(14)(ii) ......................................... 51.166(b)(14)(i) .......................................... 51.166(b)(52), 51.165(a)(1)(xiii) ................ 51.166(b)(19) ............................................. 51.166(b)(24), 51.165(a)(1)(xlii) ................ 51.166(b)(22) ............................................. 51.166(b)(12), 51.165(a)(1)(xl) .................. 51.166(b)(13) ............................................. 51.166(b)(15) ............................................. 51.166(b)(16), 51.165(a)(1)(xi) .................. N/A ............................................................. 51.166(b)(21), 51.165(a)(1)(xii) ................. Equivalent provision in 40 CFR 51.165 and 40 CFR 51.166 Note that the provision in II.A.23.e that references ‘‘section II.A.2’’ should reference ‘‘II.A.31’’ and Colorado will correct this reference in a future revision of Regulation 3. See footnotes 1 and 2. EPA is proposing approval of this definition. See footnote 1. Note the reference in this definition to ‘‘I.B.1.a’’ should be to ‘‘II.A.1.a.’’ and Colorado will correct this reference in a future revision of Regulation No. 3. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 2. Colorado added ‘‘enforceable as a practical matter’’ and moved ‘‘future compliance date’’ phrase to this definition. EPA is proposing approval for this definition. See footnotes 1 and 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. The reference in II.A.12.a.(vii) of this definition to ‘‘III.G.4. of Part B’’ is not in the current codified SIP. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnotes 1 and 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for all of D– II.23. except sections D–II.A.23.d.(viii), (x), and (xi). Comment (if applicable see footnote) 72748 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules D–II.A.23.d(viii) ............... VerDate Aug<31>2005 D–II.A.23.d(xi) ................ N/A .................................... 13:00 Dec 06, 2005 Jkt 208001 PO 00000 D–II.A.27.c(iv) ................. Frm 00024 Fmt 4702 Sfmt 4702 D–II.A.43 ........................ E:\FR\FM\07DEP1.SGM A–I.B. 58. Major Stationary Source. D–II.A.25.b ..................... D–II.A.25 ........................ A–I.B.57 ............................ D–II.A.25.a ..................... D–II.A.25.c ...................... A–I.B.58.a ......................... D–II.A.44 ........................ A–I.B.55 ............................ A–I.B.35 .......................... N/A .................................... A–I.B.44 ............................ D–II.A.27.g(v) ................. N/A .................................... D–II.A.27. (except II.A.27.c.(iv) and II.A.g.(v)). N/A .................................... A–1.B.36 ........................... D–II.A.23.e ..................... N/A .................................... D–II.23.d(x) ..................... N/A .................................... A–I.B.58.b ......................... 07DEP1 A–I.B.58.c ......................... For the purpose of determining whether a source in an attainment or unclassifiable area (part of Major Stationary Source definition). Major stationary source includes any physical change that would occur at a stationary source (part of Major Stationary Source definition). For the purpose of determining whether a source in a nonattainment area is subject. (part of Major Stationary Source definition). Major Stationary Source definition (introductory). Significant definition .................................. Secondary Emissions definition ................ Net emission increase at a clean unit (part of Net Emissions Increase definition). Net emissions increase at a clean unit and pollution control project (part of Net Emissions Increase definition). Potential to Emit definition ........................ Net Emissions Increase definition ............. Addition replacement or use of a PCP * * * (part of Major Modification definition). The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering (part of Major Modification definition). The reactivation of a very clean coal fired electric utility steam generating unit. (part of Major Modification definition). This definition shall not apply * * * for a PAL (part of Major Modification definition). Yes ................................. Yes ................................. No, as noted ................... Yes, except as noted below. Yes ................................. Yes ................................. Yes ................................. No ................................... No ................................... Yes ................................. Yes ................................. No, as noted ................... No, as noted ................... No ................................... 51.166(b)(1)(i)(c), 51.165(a)(1)(iv)(A)(2) ... 51.166(b)(1)(i)(a) ....................................... 51.165(a)(1)(iv)(A)(1) ................................. 51.166(b)(1)(i), 51.165(a)(1)(iv) ................. 51.166(b)(23), 51.165(a)(1)(x) ................... 51.166(b)(18), 51.165(a)(1)(viii) ................ 51.166(b)(4), 51.165(a)(1)(iii) .................... 51.166(b)(3)(vi)(d), 51.165(a)(1)(vi)(E)(5) 51.166(b)(3)(ii)(c), 51.165(a)(1)(vi)(C)(3) .. 51.166(b)(3), 51.165(a)(1)(vi) .................... 51.166(b)(2)(iv), 51.165(a)(1)(v)(D) ........... 51.166(b)(2)(k) ........................................... 51.166(b)(2)(j) ............................................ 51.166(b)(2)(iii)(h), 51.165(a)(1)(v)(C)(8) .. EPA is proposing approval for this definition. See footnote 2. Provision A–I.B.58.a. in the current codified SIP remains in effect as part of the definition of Major Stationary Source. See footnote 4. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. Note that provision II.A.27.a.(i) references ‘‘I.A.4.’’ However, there is no I.A.4. and this reference will be deleted by Colorado. See footnotes 1 & 2. EPA is not taking action on this part of the definition at this time at the request of Colorado. EPA is not taking action on this part of the definition at this time at the request of Colorado. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition except for section D–II.A.25.b. See footnote 2. EPA is not taking action, at this time, on this part of the definition. Note that the reference in this definition should be to II.A.31 not II.A.2., and Colorado will correct this reference in a future revision of Regulation 3. See footnote 1. Colorado has added additional language at II.A.27.c.(iii), and II.A.27.g.(i). EPA is not taking action, at this time, on this part of the definition. See footnote 3. EPA is proposing approval for this definition EPA is not taking action on this part of the definition at this time at the request of Colorado. EPA is not taking action, at this time, on this part of the definition. See footnote 3. Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72749 Provision location in Colorado’s 4/16/2004 Reg. 3 Revision VerDate Aug<31>2005 D–II.A.25.e ..................... A–I.B.58.d ......................... 13:00 Dec 06, 2005 Jkt 208001 PO 00000 D–III.A ............................ D–III. ............................... Frm 00025 D–IV ............................... B–IV.B.5 ............................ Fmt 4702 Sfmt 4702 Public notice of NSR and PSD permit applications. Public Notice ............................................. Public Comment Requirements ................ Major Stationary Sources must apply for CP or OP. Process PSD applications w/in 12 months A major stationary source in the Denver Metro PM10 (part of Major Stationary Source definition). Permit Review Procedures ........................ A major stationary source that is major for volatile organic compounds shall be considered major (part of Major Stationary Source definition). The fugitive emissions of a stationery source shall not be included (part of Major Stationary Source definition). Emissions caused by indirect air pollution sources (part of Major Stationery Source definition). Provision description E:\FR\FM\07DEP1.SGM D–IV.A.3 ......................... D–IV.A.4 ......................... D–IV.A.5 ......................... D–IV.A.6 ......................... D–IV.A.7 ......................... B–IV.C.6 ............................ 07DEP1 B–IV.C.7 ............................ B–IV.C.8 ............................ B–IV.C.9 ............................ 15 days after division makes final decision on application. Commission shall hold public comment hearing. Hearing request transmitted to commission. Hearing request for innovative control ...... Within 15 days after prepare PA ............... D–IV.A.2 ......................... B–IV.C.5 ............................ Additionally, for permit applications * * * (request comment on). D–IV.A.1 ......................... N/A .................................... B–IV.C.4.–from ‘‘For sources subject to the provisions of section IV.D.3.’’ to ‘‘The newspaper notice’’. B–IV.C.4.f .......................... D–IV.A ............................ N/A .................................... D–III.B ............................ N/A .................................... N/A .................................... D–II.A.25.g ..................... A–I.B.58.e ......................... A–I.B.58.g ......................... D–II.A.25.f ...................... A–I.B.58.f .......................... D–II.A.25.d ..................... Provision location in Colorado’s current SIP Reg. 3 (N/A = not in current Colorado SIP) Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. EPA proposing to incorporate revision or addition into the SIP 51.166(q)(viii) ............................................. 51.166(q)(v) ............................................... N/A ............................................................. N/A ............................................................. N/A ............................................................. 51.166(a)(iii) .............................................. ............................................................... 51.166(g)(ii) and (iv) .................................. 51.166(q) ................................................... 51.166(q) ................................................... .................................................................... .................................................................... .................................................................... .................................................................... N/A ............................................................. 51.166(b)(1)(iii), 51.165(a)(1)(iv)(C) .......... 51.166(b)(1)(ii), 51.165(as)(1)(iv)(B) ......... Equivalent provision in 40 CFR 51.165 and 40 CFR 51.166 EPA is proposing tion. See footnote 2. EPA is proposing tion. See footnote 2. EAP is proposing tion. See footnote 2. EPA is proposing tion. See footnote 2. EPA is proposing tion. See footnote 2. EPA is proposing tion. See footnote 2. approval for this sec- approval for this sec- approval for this sec- approval for this sec- approval for this sec- approval for this sec- EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this definition. The reference in this definition to ‘‘I.B.22. of Part A’’ is at A–I.B.58. in the current codified SIP. See footnote 2. EPA is proposing approval for this definition. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. EPA is proposing approval for this section. See footnote 2. EPA is propoosing approval for this section. See footnote 2. Copied from Part B, IV.C.4. of current codified SIP. EPA is proposing approval for this section. The reference in D–IV.A. to ‘‘III.C.3. of Part B’’ is at B–IV.C.3 in the current codified SIP. See footnote 2. EPA is proposing approval for this section See footnote 2. EPA is proposing approval for this definition. See footnote 2. Comment (if applicable see footnote) 72750 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules D–V ................................ VerDate Aug<31>2005 D–V.A.1. through 3 ........ B–IV.D.2.a ......................... 14:03 Dec 06, 2005 D–V.A.4 .......................... B–IV.D.2.a.(iii)(C) 2nd par Jkt 208001 PO 00000 D–V.A.7 .......................... Frm 00026 Fmt 4702 Sfmt 4702 D–V.A.7.d ....................... D–V.A.7.c ....................... E:\FR\FM\07DEP1.SGM B–IV.D.3 ............................ D–VI.A ............................ D–VI ............................... B–IV.D.2.c (and subsections). D–VI.A.1.c ...................... D–VI.A.3.d ...................... D–VI.A.4 ......................... B–IV.D.3.a. (and subsections not listed below). D–V.A.8 .......................... N/A .................................... N/A .................................... D–V.A.7.b ....................... B–IV.D.2.b.(i) .................... B–IV.D.2.b(ii) ..................... D–V.A.7.a ....................... B–IV.D.2.b ......................... D–V.A.6 .......................... B–IV.D.2.a.(v) ................... B–IV.D.2.a(vi) .................... D–V.A.5 .......................... B–IV.D.2.a.(iv) ................... D–V.A.3.d ....................... B–IV.D.2.a(i) through (iii) .. D–V.A ............................. B–IV.D.2 ............................ B–IV.D.3.a(i)(C) ................ 07DEP1 B–IV.D.3.a.(iii)(D) .............. B–IV.D.3.a.(iii)(D) .............. Post-construction monitoring ..................... In general, the continuous air monitoring data. For phased construction * * *. ................. Major Stationary Sources and Major Modifications. Requirements Applicable to Attainment Areas (Introductory). The requirements of section V.A. shall apply at such time that any stationary source * * *. The following provisions apply to projects at existing emissions units * * * (‘‘Reasonable possibility’’ provisions in nonattainment areas) (part of Applicability of Certain Nonattainment Area Requirements). Documents available for review upon request (part of Applicability of Certain Nonattainment Area Requirements). Exemptions from Certain Nonattainment Area Requirements. Any major stationary source in a nonattainment area * * *. The applicant will demonstrate that emissions from the proposed source will not adversely impact visibility * * *. Applicability of Certain Nonattainment Area Requirements. Offsets for which emission reduction credit is taken * * *. The permit application shall include an analysis of alternative sites * * *. With respect to offsets from outside nonattainment area. Major Stationary Sources .......................... Major Stationary Sources .......................... Requirements Applicable to Non-attainment Areas (Introductory). Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes, except as noted in comment section. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. 51.166(m)(2) .............................................. 51.166(m)(1)(iv) ......................................... 51.166(j)(4) ................................................ 51.166(j) .................................................... N/A ............................................................. 51.165, Appx. S.IV.B ................................. 51.165(a)(7) ............................................... 51.165(a)(6) ............................................... 51.165(a)(5)(ii) ........................................... N/A ............................................................. N/A ............................................................. N/A ............................................................. 51.165, Appx. S.V.A .................................. 51.165, Appx. S.IV.D ................................. 51.165, Appx. S.IV.D ................................. 51.165, Appx. S.IV.A Condiitons 1–4 ....... 51.165, Appx. S.IV.A ................................. N/A ............................................................. The reference in D–VI.A. to ‘‘III.D.1. of Part B’’ is at B–IV.D.1. in the current codified SIP. See footnote 2. EPA is proposing approval for this provision. See footnote 1 and 2. EPA is proposing approval for this provision. See footnotes 1 and 2. EPA is proposing approval for this provision. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this section. See footnote 2. Colorado has deleted unnecessary introductory language from this provision. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this section. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. The reference in D–V.A. to ‘‘III.D.1. of Part B’’ is at B–IV.D.1. in the current codified SIP. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is proposing approval for this section. See footnote 2. EPA is not taking action on the terms ‘‘clean unit’’ or ‘‘reasonable possiblity’’ used in this provision at this time at the request of Colorado See footnote 1 and 5. Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72751 VerDate Aug<31>2005 D–VI.B ............................ Provision location in Colorado’s 4/16/2004 Reg. 3 Revision 13:00 Dec 06, 2005 D–VI.B.2 ......................... B–IV.D.3.b.(i) .................... Jkt 208001 PO 00000 D–VI.B.3.a.(i)–(ix) ........... B–IV.D.3.b(iii) .................... Frm 00027 Fmt 4702 Sfmt 4702 D–VI.B.6 ......................... E:\FR\FM\07DEP1.SGM D–VI.C ............................ B–IV.D.3.b(v) .................... D–VI.D ............................ D–VII .............................. D–VIII ............................. B–IV.D.3.c ......................... D–VI.B.7 ......................... N/A .................................... D–VI.B.5 ......................... B–IV.D.3.b.(iv) ................... N/A .................................... D–VI.B.4 ......................... B–IV.D.3.b.(iii)(A)(1)–(12) D–VI.B.3. (including D– VI.B.3.b., c., and d.). B–IV.D.3.b.(ii) .................... D–VI.B.1 ......................... B–IV.D.3.b ......................... Provision location in Colorado’s current SIP Reg. 3 (N/A = not in current Colorado SIP) B–IV.D.3.d ......................... 07DEP1 B–IV.D.4 ............................ B–V ................................... Area Classifications ................................... Negligibly Reactive VOCs ......................... Major Stationary Sources in attainment areas affecting nonattainment area. Notice to EPA ............................................ documents available for review upon request. (part of Applicability of Certain PSD Requirements). A stationary source or modification may apply. The following provisions apply to projects at existing emissions units * * * (‘‘Reasonable possibly’’ provisions PSD). (Part of Applicability of Certain PSD Requirements). The requirements of this Part D shall apply * * *. deleted Mercury, Beryllium, Vinyl chloride The division may exempt a proposed major stationary source or major modification from the requirements of sections VI.A.3. through VI.A.5. of this Part, with respect to monitoring for a particular pollutant if: * * *. The requirements contained in sections VI.A.2 through VI.A.4. The requirements of section VI.A. do not apply. Applicability of Certain PSD Requirements Provision description Yes, with the exception of D–VIII.B. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes, except as noted in comment section. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. EPA proposing to incorporate revision or addition into the SIP 51.166(e) ................................................... 51.100(s) ................................................... 51.165(b) ................................................... 51.166(p)(1) ............................................... 51.166(i)(9) ................................................ 51.166(r)(7) ................................................ 51.166(r)(6) ................................................ 51.166(i)(6) ................................................ 51.166(i)(5)(i) ............................................. 51.166(i)(5) ................................................ 51.166(i)(3) and 4 ...................................... 51.166(i)(1) and (2) ................................... N/A ............................................................. Equivalent provision in 40 CFR 51.165 and 40 CFR 51.166 EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision. See footnotes 1 & 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this section with the exception that EPA is not taking action on the terms ‘‘clean unit’’ or ‘‘reasonable possibility’’ used in this provision, at this time, at the request of Colorado. See footnote 1 and 5. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this section. The reference in D–VI.D. to ‘‘III.D.I. of Part B’’ is at B–IV.D.1 in the current codified SIP. See footnote 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provisions with the exception of D–VIII.B. See footnote 2. Colorado has revised this provision to make post construction monitoring at the director’s discretion as allowed by 51.166(m)(2). See footnotes 1 and 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision. See footnote 2. Colorado has reworded D–VI.B.3. and deleted unnecessary language. Comment (if applicable see footnote) 72752 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules D–VIII.B .......................... VerDate Aug<31>2005 D–X ................................ B–VI .................................. 13:00 Dec 06, 2005 Jkt 208001 D–XII .............................. B–VIII ................................ B–IX .................................. PO 00000 Frm 00028 A–I.B.13 .......................... D–XIV ............................. Fmt 4702 Sfmt 4702 N/A .................................... A–I.B.33 .......................... A–I.B.15 .......................... N/A .................................... E:\FR\FM\07DEP1.SGM N/A .................................... D–I.B. (except 1.b.3. and second sentence of 1.B.4.). D–I.B.3 ........................... D–I.A .............................. N/A .................................... 07DEP1 D–I.C .............................. D–I.D .............................. N/A .................................... N/A .................................... N/A .................................... N/A .................................... D–I.B.4. Second sentence. N/A .................................... A–I.B.36 .......................... N/A .................................... A–I.B.14 .......................... N/A .................................... B–XI .................................. D–XIII ............................. D–XI ............................... N/A .................................... B–X ................................... D–X.A.5 .......................... B–VII ................................. D–IX ............................... N/A .................................... For any major statioN/Ary source requesting, or operating under, a Plantwide Applicability Limitation. An owner or operator undertaking a Pollution Control Project. For example, for a project involves both an existing unit and a clean unit. Emissions tests at clean units (part of Applicability Tests). Applicability Tests ...................................... General Applicability (Introductory) ........... PEMS definition ......................................... Pollution Prevention definition ................... CPMS definition ......................................... CERMS definition ...................................... CEMS definition ......................................... Visibility ...................................................... Federal Class I Areas ............................... Innovative Control Technology .................. Exclusions from Increment Consumption Increment Consumption Restriction (part of Air Quality Limitations). Air Quality Limitations ............................... Redesignation ............................................ All other areas of Colorado, (part of Area Classifications). No ................................... Yes ................................. No ................................... No ................................... Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. No ................................... Yes ................................. Yes ................................. Yes ................................. No ................................... Yes, with the exception of D–X.A.5. Yes ................................. No ................................... (f), (b), 51.166(a)(7)(vi), 51.165(a)(2)(iv) ............... 51.166(a)(7)(v), 51.165(a)(2)(iii) ................ 51.166(a)(7)(iv)(f) second sentence, 51.165(a)(2)(ii)(F) second sentence. 51.166(a)(7)(iv)(e), 51.165(a)(2)(ii)(E) ....... 51.166(a)(7)(iv)(c), (d), and 51.165(a)(2)(ii)(C), (D), and (F). 51.166(a)(7), (iv)(a) and 51.165(a)(2)(iii) (A) and (B). 51.166(b)(44), 51.165(a)(1)(xxxii) ............. 51.166(b)(38), 51.165(a)(1)(xxvi) .............. 51.166(b)(45), 51.165(a)(1)(xxxiv) ............ 51.166(b)(46), 51.165(a)(1)(xxxiv) ............ 51.166(b)(43), 51.165(a)(1)(xxxiv) ............ N/A ............................................................. 51.166(p) ................................................... 51.166(s) ................................................... 51.166(f) .................................................... N/A ............................................................. 51.166(c) ................................................... 51.166(e) ................................................... N/A ............................................................. This provision is not in the currently codified SIP. EPA is not proposing approval as part of this action. See FR Notice of 3/25/98 (14357). EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision with the exception of D–X.A.5. See footnote 2. This provision is not in the currently codified SIP. EPA is not proposing approval as part of this action. See FR Notice of 3/25/98 (14357). EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this provision. See footnote 2. EPA is proposing approval for this section. The reference in D–XIII.C. to ‘‘III.B. of Part B’’ is at B–IV.b. in the current codified SIP. See footnote 2. EPA is not taking action on this section. This section will be acted on by EPA as a separate action. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this provision. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition with the exception of I.B.3. and the second sentence of I.B.4. EPA is not taking action on this provision at this time at the request of Colorado. The reference in D–I.B.5. to ‘‘I.B.26. of Part A’’ is at A–I.B.35.c. in the current codified SIP. See footnote 1. EPA is not taking action on this part of provision D–I.B.4 at this time at the request of Colorado. EPA is proposing approval for this provision. See footnote 1. EPA is not taking action on this provision at this time at the request of Colorado. Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72753 Provision location in Colorado’s 4/16/2004 Reg. 3 Revision VerDate Aug<31>2005 D–II.A.4 .......................... N/A .................................... 13:00 Dec 06, 2005 Jkt 208001 D–I.II.A.10 ...................... N/A .................................... N/A .................................... D–II.A.11 ........................ D–II.A.9 .......................... N/A .................................... PO 00000 D–II.A.14 ........................ N/A .................................... Frm 00029 Fmt 4702 N/A .................................... Sfmt 4702 D–II.A.20 ........................ D–II.A.22 ........................ D–II.A.28 ........................ D–II.A.29 ........................ D–II.A.30 ........................ D–II.A.31 ........................ D–II.A.32 ........................ D–II.A.33 ........................ D–II.A.34 ........................ N/A .................................... D–II.A.18 ........................ D–II.A.17 ........................ N/A .................................... N/A .................................... D–II.A.15 ........................ N/A .................................... D–II.A.13 ........................ N/A .................................... D–II.A.7 .......................... N/A .................................... D–II.A.2 .......................... Provision location in Colorado’s current SIP Reg. 3 (N/A = not in current Colorado SIP) N/A .................................... N/A .................................... N/A .................................... E:\FR\FM\07DEP1.SGM N/A .................................... N/A .................................... 07DEP1 N/A .................................... N/A .................................... N/A .................................... Plantwide Applicability Limitation (PAL) definition. PAL Pollutant definition ............................. PAL Permit definition ................................. PAL Major Modification definition .............. PAL Effective Period definition .................. PAL Effective Date definition .................... Nonattainment New Source Review definition. Major Emissions Unit definition ................. Low Terrain definition ................................ Hydrocarbon Combustion Flare definition High Terrain definition ............................... Electric Utility Steam Generating Unit definition. Emissions Unit definition (for PSD/NSR purposes). Construction definition ............................... Clean Unit definition .................................. Clean Coal Technology Demonstration Project definition. Clean Coal Technology definition ............. Begin Actual Construction definition ......... Baseline Actual Emissions definition ........ Actuals PAL Definition ............................... Provision description Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. ......................................... Yes ................................. Yes ................................. ......................................... Yes ................................. No ................................... Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. EPA proposing to incorporate revision or addition into the SIP 51.166(w)(2)(v), 51.165(f)(2)(v) ................. 51.166(w)(2)(x), 51.165(f)(2)(x) ................. 51.166(w)(2)(ix), 51.165(f)(2)(ix) ............... 51.166(w)(2)(viii), 51.165(f)(2)(viii) ............ 51.166(e)(2)(vii), 51.165(f)(2)(vii) .............. 51.166(e)(2)(iv), 51.165(f)(2)(vi) ................ 51.165(a)(1)(xxx) ....................................... 51.166(w)(2)(iv), 51.165(f)(2)(iv) ............... 51.166(b)(26) ............................................. 51.166(b)(31)(iv), 51.165(a)(1)(xx)(D) ....... 51.166(b)(25) ............................................. 51.166(b)(30), 51.165(a)(1)(xx) ................. 51.166(b)(7), 51.165(a)(1)(xvii) ................. 51.166(b)(8), 51.165(a)(1)(xxviii) ............... 51.166(b)(41), 51.165(a)(1)(xxix) .............. 51.166(b)(34), 51.165(a)(1)(xxiv) .............. 51.166(b)(33), 51.165(a)(1)(xxiii) .............. 51.166(b)(II), 51.165(a)(1)(xv) ................... 51.166(b)(47), 51.165(a)(1)(xxxv) ............. 51.166(w)(2)(i) 51.165(f)(2)(i) .................... Equivalent provision in 40 CFR 51.165 and 40 CFR 51.166 EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition See footnote 1. EPA is not taking action on this definition at this time at the request of Colorado. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. Comment (if applicable see footnote) 72754 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules D–II.A.35 ........................ VerDate Aug<31>2005 N/A .................................... D–II.A.38 ........................ D–II.A.37 ........................ N/A .................................... 13:00 Dec 06, 2005 Jkt 208001 D–II.A.41 ........................ N/A .................................... N/A .................................... D–II.A.42 ........................ D–II.A.40 ........................ N/A .................................... PO 00000 Frm 00030 N/A .................................... D–II.A.47 ........................ D–II.A.46 ........................ N/A .................................... Fmt 4702 Sfmt 4702 N/A .................................... D–XVI ............................. D–XV .............................. N/A .................................... E:\FR\FM\07DEP1.SGM 07DEP1 N/A .................................... Deterioration Plantwide Applicability Limitations ............ Pollution Control Projects .......................... Clean Units ................................................ Temporary Clean Coal Demonstration Project definition. Small Emissions Unit definition ................. Significant Emissions Unit definition ......... Significant Emissions Increase definition .. Repowering definition ................................ Replacement Unit definition ...................... Regulated NSR Pollutant definition ........... Reactivation of Very Clean Coal-Fired EUSGU definition. Projected Actual Emissions definition ....... Project definition ........................................ Prevention of Significant Permit definition. Pollutant Control Project definition ............ Yes ................................. No ................................... No ................................... Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. Yes ................................. No ................................... 51.166(v), 51.165(f) ................................... 51.166(v), 51.165(e) .................................. 51.166(t) and (u), 51.165(c) and (d) ......... 51.166(b)(35), 51.165(a)(1)(XXII) .............. 51.166(w)(2)(iii), 51.165(a)(1)(iii) ............... 51.166(w)(2)(xi), 51.165(f)(2)(xi) ............... 51.166(b)((39), 51.165(a)(1)(xxvii) ............ 51.166(b)(36) ............................................. 51.166(b)(32), 51.165(a)(1)(xxi) ................ 51.166(b)(49), 51.165(a)(1)(xxxvii) ............ 51.166(b)(37) ............................................. 51.166(b)(40), 51.165(a)(1)(xxviii) ............. 51.166(b)(51), 51.165(a)(1)(xxix) .............. 51.166(b)(42), 51.165(a)(1)(xli) ................. 51.166(b)(31), 51.165(a)(1)(xxv) ............... EPA is not taking action on this definition at this time at the request of Colorado. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is proposing approval for this definition. See footnote 1. EPA is not taking action on this section, at this time, at the request of Colorado. EPA is not taking action on this section, at this time, at the request of Colorado. EPA is proposing approval for this section. The references in XVII.N.1.g and XVII.N.2.d of this section to ‘‘I.B.38. of Part A’’ are at A–I.B.53 in the current codified SIP. Colorado has revised D–SVII.I.2. (application deadline) to 12 months prior to expiration instead of 6 months. Colorado has revised XVII.N.1. (Semi-Annual Report) to require submission of QA/QC data as requested, not as part of the semi annual report specified in 51.166(w)(14)(i)(c). See footnote 1. Footnote 1: We are proposing to approve this new rule in Regulation No. 3 because the rule is identical or consistent with the Federal New Source Review regulations found at 40 CFR 51.165 and 51.166 and contain no changes to the language that would effect the meaning of the rule. Footnote 2: We are proposing to approve this change of an existing Regulation No. 3 rule because the rule has only been renumbered, contains nonsubstantive changes to the rule that do not effect the meaning of the rule and/or has been modified to move a definition that has already been approved into the SIP to a specific rule section in which the definition applies. This renumbered rule and all subsections within this rule supersede and replace the prior numbered rule and subsections in Colorado’s federally approved SIP. Footnote 3: Colorado has marked this part of the definition of Major Modification as underlined, meaning that the State intends it will only be effective until EPA approves the NSR Reform revisions for incorporation into the SIP. Colorado has since clarified that they intended that this provision remain as part of the definition of Major Modification as it applies to PSD sources located in attainment areas only, consistent with 40 CFR 51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior to EPA taking final action, EPA proposes to approve this addition to the definition of Major Modification into the SIP. Footnote 4: Colorado’s SIP submittal deletes the following language in D–II.A.25.b from what is in the current codified SIP definition of Major Stationary Source (at A–I.B.58.a.): D–XVII ............................ N/A .................................... D–II.A.48 ........................ N/A .................................... D–II.A.45 ........................ N/A .................................... D–II.A.39 ........................ N/A .................................... D–II.A.36 ........................ N/A .................................... Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72755 In the Denver Metro PM10 nonattainment area, sulfur dioxide and nitrogen oxides shall be treated as PM10 precursors, and any source which is major for these precursors is subject to the nonattainment new source review provisions. Additionally, a source causing or contributing to a violation of a NAAQS for any pollutant regulated under Section 110 of the Federal Act shall be considered major when it has the potential to emit 100 tons per year or more of that pollutant. The source will be considered to cause or contribute to a violation when the source exceeds the significance levels in the table under Section IV.D.3.d(ii), Part B. Such source is subject to the requirements of IV.D.3. Colorado’s deletion of the first sentence that refers to the Denver Metro PM10 nonattainment area could be proposed for approval by EPA since the Denver Metro area is now in attainment for PM–10. However, EPA is not proposing to approve D–II.A.25.b into the SIP at this time because of the deletion of the remaining language in the second and third sentences. Colorado has not provided a justification for the deletion of the second and third sentences. These sentences appear to provide a link between Colorado’s use of the phrase ‘‘significantly affect ambient air quality’’, as used in D–VI.D.1. of Regulation No. 3, and the phrase ‘‘cause or contribute to a violation of any NAAQS’’, as used in 40 CFR 51.165(b)(1). If Colorado revises Regulation No. 3 to add this deleted language back into the definition of Major Stationary Source prior to EPA taking final action, EPA proposes to approve this part of the definition of Major Stationary Source into the SIP. Otherwise the currently codified SIP language that is part of the definition of Major Stationary Source at A–I.B.58.a. will remain in the SIP. Footnote 5: EPA has discussed with the Colorado Department of Public Health and Environment (CDPHE) on how it intends to implement provisions D–V.A.7.c. and D–VI.B.5. without the terms ‘‘reasonable possibility’’ included as part of these provisions. CDPHE’s intent is that Colorado will implement the rule consistently with EPA’s policy and guidance. Additionally, CDPHE provided a letter to EPA dated Nov 28, 2005 that stated their intent is to also ‘‘request that the Commission make any revisions to Regulation No. 3 necessary to incorporate and implement federal program revisions should it be necessary for EPA to take further action on the remand of the Code of Federal Regulations, Title 40, sections 51.165(a)(6) and 51.166(r)(6).’’ Therefore, EPA proposes to approve Colorado’s rule without the terms ‘‘reasonable possibility’’ since Colorado will be implementing this rule provision in a manner consistent with EPA. 72756 VerDate Aug<31>2005 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules IV. What Action Is EPA Taking Today? EPA is proposing to approve portions of Colorado’s revisions to Regulation No. 3, submitted by Colorado on July 11, 2005 and October 25, 2005, that relate to the PSD and NSR construction permits program. These revisions meet the minimum program requirements of the December 31, 2002, EPA NSR Reform rulemaking. EPA will take action at a later date on the remaining revisions made by Colorado to Regulation No. 3 as adopted on April 16, 2004 by the Colorado Air Quality Control Commission. This future action will allow EPA to consider the complete Regulation No. 3 restructuring and other previously submitted SIP revision requests for Regulation No. 3. V. Statutory and Executive Order Reviews Executive Order 12866; Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant energy action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). Regulatory Flexibility Act This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (59 FR 22951, November 9, 2000). Executive Order 13132 Federalism This action also does not have federalism implications because it does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Executive Order 13045 Protection of Children From Environmental Health and Safety Risks This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Paperwork Reduction Act This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 72757 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, 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: November 28, 2005. Max H. Dodson, Acting Regional Administrator, Region 8. [FR Doc. 05–23712 Filed 12–6–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0240; FRL–7737–5] Pesticides; Revisions to Tolerance Exemptions for Polymers Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to remove the molecular weight limitations from the tolerance exemption expression for certain polymeric substances codified in 40 CFR 180.960. These exemptions from the requirement of a tolerance were established based on the polymer’s meeting the criteria established by the Agency in 40 CFR 723.250, which define a low risk polymer. The Agency is acting on its own initiative. DATES: Comments must be received on or before February 6, 2006. ADDRESSES: Submit your comments, identified by docket identification (ID) number OPP–2005–0240, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Agency Website: EDOCKET, EPA’s electronic public and comment system was replaced on November 25, 2005, by an enhanced federal-wide electronic docket management and comment system located at https:// www.regulations.gov/. Follow the online instructions. • E-mail: Comments may be sent by e-mail to: opp-docket@epa.gov, Attention: Docket ID Number OPP– 2005–0240. • Mail: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72744-72757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23712]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R08-OAR-2005-CO-0003; FRL-8005-6]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve those revisions adopted by
Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source
Permitting and Air Pollutant Emission Notice Requirements) that
incorporate EPA's December 31, 2002 NSR Reforms. Colorado submitted the
request for approval of these rule revisions into the State
Implementation Plan (SIP) on July 11, 2005 and supplemented its request
on October 25, 2005. At this time, EPA is proposing to approve only the
portions of Colorado's revisions to Regulation Number 3 that relate to
the prevention of significant deterioration (PSD) and non-attainment
new source review (NSR) construction permit programs of the State of
Colorado. Other revisions, renumberings, additions, or deletions to
Regulation No. 3 made by Colorado as part of the April 16, 2004 final
rulemaking will be acted on by EPA in a separate action. Colorado has a
Federally approved New Source Review (NSR) program for new and modified
sources impacting attainment and non-attainment areas in the State.
On December 31, 2002, EPA published revisions to the federal
Prevention of Significant Deterioration (PSD) and non-attainment NSR
regulations. These revisions are commonly referred to as ``NSR Reform''
regulations and became effective nationally in areas not covered by a
SIP on March 3, 2003. These regulatory

[[Page 72745]]

revisions include provisions for baseline emissions determinations,
actual-to-future actual methodology, plantwide applicability limits
(PALs), clean units, and pollution control projects (PCPs). On November
7, 2003, EPA published a reconsideration of the NSR Reform regulations
that clarified two provisions in the regulations. On June 24, 2005, the
United States Court of Appeals for the District of Columbia Circuit
issued its ruling on challenges to the December 2002 NSR Reform
revisions. Although the Court upheld most of EPA's rules, it vacated
both the Clean Unit and the Pollution Control Project provisions and
remanded back to EPA the ``reasonable possibility'' standard for when a
source must keep certain project related records.
Colorado is seeking approval, at this time, for its regulations to
implement the NSR Reform provisions that have not been vacated or
remanded by the June 24, 2005, court decision.

DATES: Comments must be received on or before January 6, 2006.

ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R08-OAR-2005-CO-0003 by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: daly.carl@epa.gov.
Fax: (303)312-6064 (please alert the individual listed in the FOR
FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: You may send written comments to: Richard R. Long, Director,
Air and Radiation Program, U.S. Environmental Protection Agency, Region
8, 999 18th Street, Suite 200, Denver, Colorado 80202.
Hand delivery: Deliver your comments to: Richard R. Long, Director,
Air and Radiation Program, U.S. Environmental Protection Agency, Region
8, 999 18th Street, Suite 300, 3rd floor, Denver, Colorado 80202. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8 a.m. to 4:55 p.m. excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R08-OAR-2005-CO-
0003. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at https://
docket.epa.gov/rmepub, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through RME, regulations.gov, or e-mail.
The EPA RME Web site and the federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET online or see the Federal Register of May 31, 2002
(67 FR 38102). For additional instructions on submitting comments, go
to Section I. General Information of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub. Although listed in the
index, some information is not publicly available, i.e., 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 either electronically in RME
or in hard copy at Environmental Protection Agency, Region 8, Air and
Radiation Program, 999 18th Street, Suite 300, Denver, Colorado 80202.
We recommend that you telephone Carl Daly at (303) 312-6416 before
visiting the Region 8 office. This Facility is open from 8 a.m. to 4
p.m., Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Air and Radiation Program,
U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite
200, Denver, Colorado 80202, (303) 312-6416, daly.carl@epa.gov.

SUPPLEMENTARY INFORMATION: 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.
This supplementary information section is arranged as follows:

I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. What should I consider as I prepare my comments for EPA?
D. How and to whom do I submit comments?
II. What Is Being Addressed in This Document?
III. What Are the Changes That EPA Is Approving?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

This action affects major stationary sources in Colorado that are
subject to or potentially subject to the PSD or nonattainment NSR
construction permit program.

B. How can I get copies of this document and other related information?

1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R08-OAR-
2005-CO-0003, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air

[[Page 72746]]

and Radiation Program, EPA Region 8, 999 18th Street, Suite 300,
Denver, Colorado 80202. EPA requests that, if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8 a.m. to 4:55 p.m.
excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at https://
www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office
and as part of the electronic public rulemaking file (EDocket), as EPA
receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.

C. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.

D. How and to whom do I submit comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 8 Air Docket R08-OAR-
2005-CO-0003'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments. Submit comments to the e-mail or street address given in the
addresses section of this notice.

II. What Is Being Addressed in This Document?

We are proposing to approve portions of Colorado's revisions to the
Stationary Source Permitting and Air Pollutant Emission Notice
Requirements (Regulation No. 3), submitted by Colorado on July 11, 2005
and October 25, 2005, that relate to the Prevention of Significant
Deterioration (PSD) and non-attainment New Source Review (NSR)
construction permit programs of the State of Colorado. These revisions,
among other revisions, to Regulation No. 3 were adopted by the Colorado
Air Quality Control Commission on April 16, 2004. Regulation No. 3
includes the PSD and non-attainment NSR construction permit programs of
the State of Colorado. On February 3, 1983, EPA determined that
Colorado's State Implementation Plan (SIP) satisfied all requirements
of Part D of the Clean Air Act for regulating stationary sources in
non-attainment areas (48 FR 29071). Colorado's Regulations for a
Prevention of Significant Deterioration (PSD) program for attainment
areas were Federally approved (with some exceptions) and made a part of
the SIP on September 2, 1986 (51 FR 31125). Finally, Colorado adopted a
merged NSR/operating permit program that was approved by EPA on January
21, 1997 (62 FR 2910).
On December 31, 2002, EPA published revisions to the federal PSD
and non-attainment NSR regulations in 40 CFR parts 51 and 52 (67 FR
80186). These revisions are commonly referred to as ``NSR Reform''
regulations and became effective nationally in areas not covered by a
SIP on March 3, 2003. These regulatory revisions include provisions for
baseline emissions determinations, actual-to-future actual methodology,
plantwide applicability limits (PALs), clean units, and pollution
control projects (PCPs). As stated in the rulemaking, State and local
permitting agencies must adopt and submit revisions to their part 51
permitting programs implementing the minimum program elements of that
rulemaking no later than January 2, 2006 (67 FR 80240). With the July
11, 2005 submittal, Colorado requested approval of program revisions
into the State Implementation Plan (SIP) that satisfy this requirement.
On November 7, 2003, EPA published a reconsideration of the NSR
Reform regulations that clarified two provisions in the regulations by
including a definition of ``replacement unit'' and by clarifying that
the plantwide applicability limitation (PAL) baseline calculation
procedures for newly constructed units do not apply to modified units.
On June 24, 2005, the United States Court of Appeals for the District
of Columbia Circuit issued its ruling on challenges to the December
2002 NSR Reform revisions State of New York et al. v. EPA, 413 F.3d 3
(D.C. Cir. 2005). Although the Court upheld most of EPA's rules, it
vacated both the Clean Unit and the Pollution Control Project
provisions and remanded back to EPA the recordkeeping provision that
required a stationary source to keep records of projects when there was
a ``reasonable possibility'' that the project could result in a
significant emissions increase.
Colorado's PSD and NSR program revisions were published in the Air
Quality Control Commission Regulation

[[Page 72747]]

No. 3 (5 CCR 1001-5) on June 30, 2004 and are noted as Revision 4/16/
2004. In the revised regulation Colorado noted that NSR Reform
revisions will become effective in Colorado when the EPA approves that
language for incorporation into the State Implementation Plan. This is
noted in the Style Guide to Regulation No. 3, as ``italicized text will
become effective when the U.S. EPA approves that language for
incorporation into the state implementation plan.'' In addition,
Colorado noted that provisions superceded by the NSR Reforms will be
effective in Colorado only up to when EPA approves the new NSR Reform
language into the State Implementation Plan. This is noted in the Style
Guide to Regulation No. 3, as ``underlined text will be effective until
the U.S. EPA approves the italicized text for incorporation into the
state implementation plan.'' In the transmittal letter for the July 11,
2005 submission Colorado requested that EPA not take action, at this
time, on the clean unit and PCP provisions of the state rule and on the
term ``reasonable possibility'' in provisions D.V.A.7.c. and D.VI.B.5.
of the state rule. In a September 28, 2005 letter to EPA, Colorado
provided a revised list of provisions that Colorado requested EPA, at
this time, not take action on. Colorado supplemented its July 11, 2005
request in an October 25, 2005 submission that provided two correct
April 16, 2004 versions of Regulation No. 3. All of these documents are
available for review as part of the Docket for this action.

III. What Are the Changes That EPA Is Approving?

EPA is proposing to approve those revisions adopted by Colorado on
April 16, 2004 to Regulation No. 3 (Stationary Source Permitting and
Air Pollutant Emission Notice Requirements) that incorporate EPA's
December 30, 2002 NSR Reforms (with the exceptions noted in the table
below). EPA is also proposing to approve revisions Colorado made to
Regulation No. 3 prior to the April 16, 2004 final rulemaking that
incorporate the revisions EPA made to the Federal NSR rules on July 21,
1992 (with the exceptions noted in the table below). These revisions
are referred to as the WEPCO rule (for the Wisconsin Electric Power
Company court ruling) and added definitions and provisions that have
been incorporated into the April 16, 2004 version of Regulation No. 3.
In addition to incorporating the NSR Reforms into the April 16,
2004 Regulation No. 3 revision, Colorado also restructured Regulation
No. 3, including adding a new Part D titled Concerning Major Stationary
Source New Source Review and Prevention of Significant Deterioration.
The new Part D contains most of the NSR/PSD definitions, provisions,
and sections that were revised or newly created by the NSR Reform rule.
In addition, numerous Regulation No. 3 Part A and Part B NSR/PSD
definitions, provisions, and sections not revised by the NSR Reform
rule, but already approved into the SIP, have been moved into the new
Part D. EPA is proposing to approve the revisions to Regulation No. 3
creating the new Part D with the exceptions noted in the table below.
The revisions adopted by Colorado on April 16, 2004 have structured
Regulation No. 3 as follows: Part A now contains general provisions
applicable to reporting and permitting, Part B addresses construction
permits; Part C (not a part of the SIP) includes the operating permit
program; and Part D deals with the Nonattainment New Source Review and
Prevention of Significant Deterioration programs for major stationary
sources. Minor sources will only be subject to Parts A and B; major
sources (as defined for the Operating Permit program) are governed by
Parts A, B and C. Major stationary sources must comply with Parts A, B,
C and D. In particular, this reorganization separated the major
stationary source NSR provisions from the construction permit
requirements applicable to all sources.
Part A Changes. EPA is proposing to approve changes Colorado made
to Part A where the NSR Reform rule added or changed specific language
used in this Part (as specified in the table below). In addition, EPA
is proposing to approve changes Colorado made in Part A that moved the
provisions applying to major NSR to Part D (as specified in the table
below). EPA is not taking action, at this time, on any other revisions,
renumberings, additions, or deletions to Part A made by Colorado as
part of the April 16, 2004 final rulemaking action. These other changes
will be acted on by EPA in a separate action.
Changes to Part B. EPA is proposing to approve only the NSR Reform
rule conforming changes Colorado made in Part B, which moved the
provisions applying to major NSR to Part D (as specified in the table
below). At this time, EPA is not taking action on any other revisions,
renumberings, additions, or deletions to Part B made by Colorado as
part of the April 16, 2004 final rulemaking action. These other changes
will be acted on by EPA in a separate action.
Part D Changes. Colorado created Regulation No. 3 Part D in order
to make Colorado's air quality program consistent with the EPA NSR
Reform rules. The references to NSR requirements in Part D include both
the nonattainment NSR and PSD programs. Based on Colorado's request,
EPA is not taking action, at this time, on provisions related to clean
units, pollution control projects, and the term ``reasonable
possibility'' as it appears in D-V.A.7.c. and D-VI.B.5. EPA is
proposing to approve the new Part D except for the specific provisions
noted in the table below.
The following table specifies provisions of Regulation No. 3 that
Colorado revised/renumbered or newly added in order to incorporate
EPA's NSR Reform and WEPCO rules and to create a separate NSR/PSD major
stationary source part (Part D). The table also notes whether the
provision is being proposed by EPA to be incorporated into the Colorado
SIP.

[[Page 72748]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Provision EPA proposing to
Provision location in location in incorporate Equivalent provision in 40
Colorado's current SIP Reg. 3 Colorado's 4/16/ Provision description revision or CFR 51.165 and 40 CFR Comment (if applicable see
(N/A = not in current 2004 Reg. 3 addition into 51.166 footnote)
Colorado SIP) Revision the SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1....................... D-II.A.I......... Actual emissions definition Yes............. 51.166(b)(21), Note the reference in this
51.165(a)(1)(xii). definition to ``I.B.1.a''
should be to
``II.A.1.a.'' and
Colorado will correct
this reference in a
future revision of
Regulation No. 3.
EPA is proposing approval
for this definition.
See footnote 1.
A-I.B.7....................... D-II.A.3......... Air Quality Related Value Yes............. N/A....................... EPA is proposing approval
definition. for this definition.
See footnote 2.
A-I.B.8....................... A-I.B.7.......... Allowable Emissions Yes............. 51.166(b)(16), Colorado added
definition. 51.165(a)(1)(xi). ``enforceable as a
practical matter'' and
moved ``future compliance
date'' phrase to this
definition.
EPA is proposing approval
for this definition.
See footnotes 1 and 2.
A-I.B.10...................... D-II.A.5......... Baseline Area definition... Yes............. 51.166(b)(15)............. EPA is proposing approval
for this definition.
See footnote 2.
A-I.B.11...................... D-II.A.6......... Baseline Concentration Yes............. 51.166(b)(13)............. EPA is proposing approval
definition. for this definition.
See footnote 2.
A-I.B.12...................... D-II.A.8......... Best Available Control Yes............. 51.166(b)(12), EPA is proposing approval
Technology definition. 51.165(a)(1)(xl). for this definition.
See footnote 2.
A-I.B.15...................... D-II.A.12........ Complete definition (for Yes............. 51.166(b)(22)............. EPA is proposing approval
PSD/NSR purposes). for this definition.
The reference in
II.A.12.a.(vii) of this
definition to ``III.G.4.
of Part B'' is not in the
current codified SIP.
See footnote 2.
A-I.B.21...................... D-II.A.16........ Federal Land Manager Yes............. 51.166(b)(24), EPA is proposing approval
definition. 51.165(a)(1)(xlii). for this definition.
See footnote 2.
A-I.B.31...................... D-II.A.19........ Innovative Control Yes............. 51.166(b)(19)............. EPA is proposing approval
Technology definition. for this definition.
See footnote 2.
A-I.B.32...................... D-II.A.21........ Lowest Achievable Emission Yes............. 51.166(b)(52), EPA is proposing approval
Rate definition. 51.165(a)(1)(xiii). for this definition.
See footnotes 1 and 2.
A-I.B.33...................... D-II.A.24........ Major Source Baseline Date Yes............. 51.166(b)(14)(i).......... EPA is proposing approval
definition. for this definition.
See footnote 2.
A-I.B.34...................... D-II.A.26........ Minor Source Baseline Date Yes............. 51.166(b)(14)(ii)......... EPA is proposing approval
definition. for this definition.
See footnote 2.
A-I.B.35.b.................... D-II.A.23 (except Major Modification Yes, except as 51.166(b)(2), EPA is proposing approval
II.A.23.d(iii), definition. noted below. 51.165(a)(1)(v). for all of D-II.23.
(viii), (x), except sections D-
(xi), and (e)-- II.A.23.d.(viii), (x),
see below). and (xi).
Note that the provision in
II.A.23.e that references
``section II.A.2'' should
reference ``II.A.31'' and
Colorado will correct
this reference in a
future revision of
Regulation 3.
See footnotes 1 and 2.
N/A........................... D-II.A.23.d.(iii) Use of an alternative fuel Yes............. 51.166(b)(2)(iii)(d), EPA is proposing approval
at a steam generating unit 51.165(a)(1)(v)(C)(4)(iv). of this definition.
(part of Major See footnote 1.
Modification definition).

[[Page 72749]]

N/A........................... D-II.A.23.d(viii) Addition replacement or use No.............. 51.166(b)(2)(iii)(h), EPA is not taking action
of a PCP * * * (part of 51.165(a)(1)(v)(C)(8). on this part of the
Major Modification definition at this time
definition). at the request of
Colorado.
N/A........................... D-II.23.d(x)..... The installation or No, as noted.... 51.166(b)(2)(j)........... EPA is not taking action,
operation of a permanent at this time, on this
clean coal technology part of the definition.
demonstration project that See footnote 3.
constitutes repowering
(part of Major
Modification definition).
N/A........................... D-II.A.23.d(xi).. The reactivation of a very No, as noted.... 51.166(b)(2)(k)........... EPA is not taking action,
clean coal fired electric at this time, on this
utility steam generating part of the definition.
unit. (part of Major See footnote 3.
Modification definition).
N/A........................... D-II.A.23.e...... This definition shall not Yes............. 51.166(b)(2)(iv), EPA is proposing approval
apply * * * for a PAL 51.165(a)(1)(v)(D). for this definition
(part of Major
Modification definition).
Note that the reference in
this definition should be
to II.A.31 not II.A.2.,
and Colorado will correct
this reference in a
future revision of
Regulation 3.
See footnote 1.
A-1.B.36...................... D-II.A.27. Net Emissions Increase Yes............. 51.166(b)(3), Colorado has added
(except definition. 51.165(a)(1)(vi). additional language at
II.A.27.c.(iv) II.A.27.c.(iii), and
and II.A.g.(v)). II.A.27.g.(i).
EPA is proposing approval
for this definition.
Note that provision
II.A.27.a.(i) references
``I.A.4.'' However, there
is no I.A.4. and this
reference will be deleted
by Colorado.
See footnotes 1 & 2.
N/A........................... D-II.A.27.c(iv).. Net emission increase at a No.............. 51.166(b)(3)(ii)(c), EPA is not taking action
clean unit (part of Net 51.165(a)(1)(vi)(C)(3). on this part of the
Emissions Increase definition at this time
definition). at the request of
Colorado.
N/A........................... D-II.A.27.g(v)... Net emissions increase at a No.............. 51.166(b)(3)(vi)(d), EPA is not taking action
clean unit and pollution 51.165(a)(1)(vi)(E)(5). on this part of the
control project (part of definition at this time
Net Emissions Increase at the request of
definition). Colorado.
A-I.B.44...................... A-I.B.35......... Potential to Emit Yes............. 51.166(b)(4), EPA is proposing approval
definition. 51.165(a)(1)(iii). for this definition.
See footnote 2.
A-I.B.55...................... D-II.A.43........ Secondary Emissions Yes............. 51.166(b)(18), EPA is proposing approval
definition. 51.165(a)(1)(viii). for this definition.
See footnote 1.
A-I.B.57...................... D-II.A.44........ Significant definition..... Yes............. 51.166(b)(23), EPA is proposing approval
51.165(a)(1)(x). for this definition.
See footnote 1.
A-I.B. 58. Major Stationary D-II.A.25........ Major Stationary Source Yes, except as 51.166(b)(1)(i), EPA is proposing approval
Source. definition (introductory). noted below. 51.165(a)(1)(iv). for this definition
except for section D-
II.A.25.b.
See footnote 2.
A-I.B.58.a.................... D-II.A.25.b...... For the purpose of No, as noted.... 51.165(a)(1)(iv)(A)(1).... EPA is not taking action,
determining whether a at this time, on this
source in a nonattainment part of the definition.
area is subject. (part of
Major Stationary Source
definition).
Provision A-I.B.58.a. in
the current codified SIP
remains in effect as part
of the definition of
Major Stationary Source.
See footnote 4.
A-I.B.58.b.................... D-II.A.25.a...... For the purpose of Yes............. 51.166(b)(1)(i)(a)........ EPA is proposing approval
determining whether a for this definition.
source in an attainment or See footnote 2.
unclassifiable area (part
of Major Stationary Source
definition).
A-I.B.58.c.................... D-II.A.25.c...... Major stationary source Yes............. 51.166(b)(1)(i)(c), EPA is proposing approval
includes any physical 51.165(a)(1)(iv)(A)(2). for this definition.
change that would occur at See footnote 2.
a stationary source (part
of Major Stationary Source
definition).

[[Page 72750]]

A-I.B.58.d.................... D-II.A.25.d...... A major stationary source Yes............. 51.166(b)(1)(ii), EPA is proposing approval
that is major for volatile 51.165(as)(1)(iv)(B). for this definition.
organic compounds shall be See footnote 2.
considered major (part of
Major Stationary Source
definition).
A-I.B.58.f.................... D-II.A.25.e...... The fugitive emissions of a Yes............. 51.166(b)(1)(iii), EPA is proposing approval
stationery source shall 51.165(a)(1)(iv)(C). for this definition.
not be included (part of See footnote 2.
Major Stationary Source
definition).
A-I.B.58.e.................... D-II.A.25.f...... Emissions caused by Yes............. N/A....................... EPA is proposing approval
indirect air pollution for this definition.
sources (part of Major The reference in this
Stationery Source definition to ``I.B.22.
definition). of Part A'' is at A-
I.B.58. in the current
codified SIP.
See footnote 2.
A-I.B.58.g.................... D-II.A.25.g...... A major stationary source Yes............. .......................... EPA is proposing approval
in the Denver Metro PM10 for this definition.
(part of Major Stationary See footnote 2.
Source definition).
N/A........................... D-III............ Permit Review Procedures... Yes............. .......................... EPA is proposing approval
for this section.
See footnote 2.
N/A........................... D-III.A.......... Major Stationary Sources Yes............. .......................... EPA is proposing approval
must apply for CP or OP. for this section.
B-IV.B.5...................... D-III.B.......... Process PSD applications w/ Yes............. .......................... EPA is proposing approval
in 12 months. for this section.
See footnote 2.
N/A........................... D-IV............. Public Comment Requirements Yes............. 51.166(q)................. EPA is propoosing approval
for this section.
See footnote 2.
N/A........................... D-IV.A........... Public Notice.............. Yes............. 51.166(q)................. Copied from Part B,
IV.C.4. of current
codified SIP.
EPA is proposing approval
for this section.
The reference in D-IV.A.
to ``III.C.3. of Part B''
is at B-IV.C.3 in the
current codified SIP.
.......................... See footnote 2.
B-IV.C.4.-from ``For sources D-IV.A.1......... Public notice of NSR and Yes............. 51.166(g)(ii) and (iv).... EPA is proposing approval
subject to the provisions of PSD permit applications. for this section
section IV.D.3.'' to ``The See footnote 2.
newspaper notice''.
B-IV.C.4.f.................... D-IV.A.2......... Additionally, for permit Yes............. 51.166(a)(iii)............ EPA is proposing approval
applications * * * for this section.
(request comment on). See footnote 2.
B-IV.C.5...................... D-IV.A.3......... Within 15 days after Yes............. N/A....................... EPA is proposing approval
prepare PA. for this section.
See footnote 2.
B-IV.C.6...................... D-IV.A.4......... Hearing request for Yes............. N/A....................... EAP is proposing approval
innovative control. for this section.
See footnote 2.
B-IV.C.7...................... D-IV.A.5......... Hearing request transmitted Yes............. N/A....................... EPA is proposing approval
to commission. for this section.
See footnote 2.
B-IV.C.8...................... D-IV.A.6......... Commission shall hold Yes............. 51.166(q)(v).............. EPA is proposing approval
public comment hearing. for this section.
See footnote 2.
B-IV.C.9...................... D-IV.A.7......... 15 days after division Yes............. 51.166(q)(viii)........... EPA is proposing approval
makes final decision on for this section.
application. See footnote 2.

[[Page 72751]]

B-IV.D.2...................... D-V.............. Requirements Applicable to Yes............. N/A....................... EPA is proposing approval
Non-attainment Areas for this section.
(Introductory). See footnote 2.
B-IV.D.2.a.................... D-V.A............ Major Stationary Sources... Yes............. 51.165, Appx. S.IV.A...... EPA is proposing approval
for this section.
The reference in D-V.A. to
``III.D.1. of Part B'' is
at B-IV.D.1. in the
current codified SIP.
See footnote 2.
B-IV.D.2.a(i) through (iii)... D-V.A.1. through Major Stationary Sources... Yes............. 51.165, Appx. S.IV.A EPA is proposing approval
3. Condiitons 1-4. for this section.
See footnote 2.
B-IV.D.2.a.(iii)(C) 2nd par... D-V.A.3.d........ With respect to offsets Yes............. 51.165, Appx. S.IV.D...... EPA is proposing approval
from outside nonattainment for this section.
area. See footnote 2.
B-IV.D.2.a.(iv)............... D-V.A.4.......... The permit application Yes............. 51.165, Appx. S.IV.D...... EPA is proposing approval
shall include an analysis for this section.
of alternative sites * * *. See footnote 2.
B-IV.D.2.a.(v)................ D-V.A.5.......... Offsets for which emission Yes............. 51.165, Appx. S.V.A....... EPA is proposing approval
reduction credit is taken for this section.
* * *. See footnote 2.
B-IV.D.2.a(vi)................ D-V.A.6.......... The applicant will Yes............. N/A....................... EPA is proposing approval
demonstrate that emissions for this section.
from the proposed source See footnote 2.
will not adversely impact
visibility * * *.
B-IV.D.2.b.................... D-V.A.7.......... Applicability of Certain Yes............. N/A....................... EPA is proposing approval
Nonattainment Area for this section.
Requirements. See footnote 2.
B-IV.D.2.b.(i)................ D-V.A.7.a........ Any major stationary source Yes............. N/A....................... EPA is proposing approval
in a nonattainment area * for this section.
* *. See footnote 2.
B-IV.D.2.b(ii)................ D-V.A.7.b........ The requirements of section Yes............. 51.165(a)(5)(ii).......... EPA is proposing approval
V.A. shall apply at such for this section.
time that any stationary See footnote 2.
source * * *.
N/A........................... D-V.A.7.c........ The following provisions Yes, except as 51.165(a)(6).............. EPA is not taking action
apply to projects at noted in on the terms ``clean
existing emissions units * comment section. unit'' or ``reasonable
* * (``Reasonable possiblity'' used in this
possibility'' provisions provision at this time at
in nonattainment areas) the request of Colorado
(part of Applicability of See footnote 1 and 5.
Certain Nonattainment Area
Requirements).
N/A........................... D-V.A.7.d........ Documents available for Yes............. 51.165(a)(7).............. EPA is proposing approval
review upon request (part for this provision.
of Applicability of See footnote 1.
Certain Nonattainment Area
Requirements).
B-IV.D.2.c (and subsections).. D-V.A.8.......... Exemptions from Certain Yes............. 51.165, Appx. S.IV.B...... EPA is proposing approval
Nonattainment Area for this section.
Requirements. See footnote 2.
B-IV.D.3...................... D-VI............. Requirements Applicable to Yes............. N/A....................... Colorado has deleted
Attainment Areas unnecessary introductory
(Introductory). language from this
provision.
EPA is proposing approval
for this provision.
See footnote 2.
B-IV.D.3.a. (and subsections D-VI.A........... Major Stationary Sources Yes............. 51.166(j)................. EPA is proposing approval
not listed below). and Major Modifications. for this section.
The reference in D-VI.A.
to ``III.D.1. of Part B''
is at B-IV.D.1. in the
current codified SIP.
See footnote 2.
B-IV.D.3.a(i)(C).............. D-VI.A.1.c....... For phased construction * * Yes............. 51.166(j)(4).........

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.