Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation 1, 4540-4542 [2011-1497]
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4540
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
Wynkoop Street, Denver, Colorado
80202–1129, telephone number (303)
312–6022, fax number (303) 312–6064,
komp.mark@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–1033; A–1–FRL–
9209–3]
Approval and Disapproval and
Promulgation of Air Quality
Implementation Plans; Colorado;
Revisions to Regulation 1
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving a State
Implementation Plan (SIP) revision
submitted by the State of Colorado
regarding its Regulation 1. Regulation 1
provides certain emission controls for
opacity, particulates, carbon monoxide
and sulfur dioxide. The revision
involves the deletion of obsolete, the
adoption of new, and the clarification of
ambiguous provisions within Regulation
1. The intended effect of EPA’s action is
to make Federally enforceable the
revised portions of Colorado’s
Regulation 1 that EPA is approving and
to disapprove portions of the regulation
that EPA deems are not consistent with
the Clean Air Act. This action is being
taken under section 110 of the Clean Air
Act.
DATES: This final rule is effective
February 25, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2007–1033. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Komp, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mail Code 8P–AR, 1595
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SUMMARY:
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Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
(v) The words Provision or Regulation
refer to Colorado’s Regulation 1.
(vi) The initials SO2 mean or refer to
sulfur dioxide, HC mean or refer to
hydrocarbons and CO mean or refer to
Carbon Monoxide.
(vii) The initials RACT mean or refer
to Reasonably Available Control
Technology.
Table of Contents
I. Background Information Regarding
Colorado’s Submittal
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background Information Regarding
Colorado’s Submittal
On July 31, 2002, the State of
Colorado submitted a formal revision to
its SIP. The July 31, 2002 revision
deleted obsolete provisions in Sections
II.A.6, A.7, A.9 and C.3 1 regarding,
respectively, alfalfa dehydrating plant
drum dryers, wigwam burners, the static
firing of Pershing missiles and a notice
regarding waste materials. The
provisions were deleted from the
regulation because these sources no
longer exist in the State and the notice
regarding waste materials appears in
other Colorado regulations.
Colorado added language to its open
burning provisions (Section II.C.2.d) to
clarify that the open burning of animal
parts and carcasses are not exempt from
permit requirements. However, a special
allowance to conduct open burning
activities without a permit is provided
where the State Agricultural
Commission declares a public health
emergency or a contagious or infectious
outbreak of disease that imperils
livestock is evident. Such activities
1 All references in this notice to particular section
numbers are to the designated sections within
Regulation 1.
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require a telephone notice to State and
local health departments prior to
conducting such open burning
activities. All necessary safeguards must
be used to minimize impacts on public
health or welfare.
The State revised the method in
Section III.A.1.d for calculating
emissions from multiple fuel burning
units ducting to a common stack.
Emissions are to be calculated on a
pound per million British thermal unit
(lbs/mmBtu) input and must be based
on a weighted average of the individual
allowable limits for each unit.
The State added clarifying language in
several provisions of Regulation 1
stating that alternative performance test
methods may be used with approval
from the State. It also specified that
ASTM or equivalent methods approved
by the State may be used for fuel
sampling from sources subject to
Regulation 1.
In sections VI A.3.e. and VI.B.4.g.
regarding SO2 emissions, the State
changed the overall emission limit for
petroleum and oil shale refineries from
0.3 lbs per barrel of oil processed per
day to 0.7 lbs per barrel of oil processed
per day. The State also added new
language that modifies the method for
calculating compliance with emission
limits for petroleum refining and
cement manufacturing. The State
deleted Section VI.B.5, which stipulates
that new sources of SO2 emissions that
do not fall in specific source categories
are subject to a 2 ton per day emission
limit and are to utilize best available
control technology.
II. Response to Comments
EPA did not receive comments on our
July 21, 2010 Federal Register proposed
action regarding the partial approval
and partial disapproval of Colorado’s
SIP revisions to their Regulation 1.
III. Section 110(l) of the CAA
Section 110(l) of the Clean Air Act
states that a SIP revision cannot be
approved if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress toward attainment of
the National Ambient Air Quality
Standards (NAAQS) or any other
applicable requirement of the Act.
Those portions of the revision to
Colorado’s Regulation 1 that we are
approving satisfy section 110(l), because
those portions do not relax existing SIP
requirements. Instead, the portions of
the July 31, 2002 submittal EPA is
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
Emcdonald on DSK2BSOYB1PROD with RULES
approving increase stringency of
existing requirements, clarify existing
requirements, or remove obsolete
requirements. Therefore, section 110(l)
is satisfied.
IV. Final Action
EPA is approving revisions to the
following provisions in Regulation 1: (1)
Deletion of Sections II.A.6, II.A.7, and
II.A.9 regarding emission limits for
sources that no longer exist in the State
and the deletion of Section II.C.3
regarding an obsolete notice involving
the disposal of waste materials. The
deletion of Sections II. A6, A.7 and A.9
will cause a numbering change of
subsequent paragraphs within Sections
II.A. EPA is adopting the new
numbering scheme for section II.A.; (2)
revisions to Section II.C.2.d. regarding
the burning of diseased animal carcasses
to prevent a public health emergency;
(3) revision of Section III.A.1.d
involving the State’s method for
calculating emissions from multiple fuel
burning units ducted to a common
stack; (4) the deletion of Section III.C.2
regarding the deletion of process weight
emission standards for alfalfa drum
dryers. The deletion of Section III.C.2
will cause a numbering change of
subsequent paragraphs within Section
III.C. EPA is adopting the new
numbering scheme for section III.C.; (5)
Federal adoption of Section V regarding
emission standards for electric arc
furnaces, except for a portion of Section
V.A.2 where the State has specified that
their director has discretion to approve
other credible methods for determining
emission rates; and (6) revisions to
Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and
VI.B.4.g.(ii) regarding the methods used
for the averaging of emissions over a 24
hour period.
EPA is disapproving revisions to the
following provisions in Regulation 1: (1)
Revisions to Section III.A.2. and Section
III.C.3 involving director’s discretion
regarding the method for conducting
performance tests; (2) the revision
within Section V.A.2. where the State
gives its director’s discretion regarding
the method used to determine
compliance with electric arc furnaces’
emission standards; (3) revisions to
Sections VI.B.4.e and VI.B.4.g(ii)
regarding changes in the SO2 emission
limits for petroleum and oil shale
refining; (4) revisions to Section VI.B.5
regarding SO2 emission limits for new
sources not falling in specified source
categories; and (5) revisions to Sections
VI.C. and VI.F. regarding the use of
director’s discretion for alternative
methods to show compliance with fuel
sampling plans and alternative
compliance procedures respectively.
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
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4541
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 28, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 23, 2010.
Carol Rushin,
Deputy Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.320 is amended by
adding paragraph (c)(115) to read as
follows:
■
§ 52.320
*
Identification of plan.
*
*
(c) * * *
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*
*
Emcdonald on DSK2BSOYB1PROD with RULES
4542
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
(115) On July 31, 2003, the State of
Colorado submitted revisions to
Colorado’s 5 CCR 1001–3, Regulation 1,
that deleted Sections II.A.6, A.7, A.9
and C.3, regarding, respectively, alfalfa
dehydrating plant drum dryers, wigwam
burners, the static firing of Pershing
missiles and a notice regarding waste
materials. The State also deleted
emission limitations for alfalfa plant
drum dyers by removing Section III.C.2.
Colorado’s deletion of Sections II. A6,
A.7 and A.9 and Section III.C.2 will
cause a numbering change of
subsequent paragraphs within Sections
II.A and III.C. EPA is adopting the new
numbering scheme for sections II.A. and
III C. Section II.C.2.d. regarding
agricultural open burning is modified to
include the burning of diseased animal
carcasses to prevent a public health
emergency. Section III.A.1.d is modified
for incorporation of new State’s method
for calculating emissions from multiple
fuel burning units ducted to a common
stack. Section V is added regarding
emission standards for electric arc
furnaces, except for the director’s
discretion provision provided for in
Section V.A.2. Sections VI.A.3.e,
VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are
modified regarding the methods used
for the averaging of emissions over a 24
hour period.
(i) Incorporation by reference.
(A) 5 CCR 1001–3, Regulation 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, Section II, Smoke and Opacity,
Section II.C.2.d, effective March 2, 2002.
(B) 5 CCR 1001–3, Regulation 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, Section III, Particulate Matter,
Fuel Burning Equipment, Section
III.A.1.d, effective September 30, 2001.
(C) 5 CCR 1001–3, Regulation 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, Section V, Emission Standard
for Existing Iron and Steel Plant
Operations, effective September 30,
2001.
(1) The submittal contains Section
V.A.2 with the language:
‘‘Emissions from gas-cleaning device
shall not exceed a mass emission rate of
0.00520 gr/dscf of filterable particulates
maximum two-hour average, as
measured by EPA Methods 1–4 and the
front half of Method 5 (40 CFR 60.275,
and Appendix A, Part 60), or by other
credible method approved by the
Division. This particulate emissions
standard does not include condensable
emissions, or the back half emissions of
Method 5’’. The language ‘‘or by other
credible method approved by the
Division’’ is disapproved. The language
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‘‘Appendix A, Part 60’’ is changed to
‘‘appendices A1 through A3, Part 60’’ in
order to comply with the current
nomenclature of Part 60.
(D) 5 CCR 1001–3, Regulation 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, Section VI, Sulfur Dioxide
Emission Regulations, Sections VI.A.3.e,
VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii),
effective September 30, 2001.
(1) Sections VI.B.4.e and VI.B.4.g(ii)
list an emission rate of 0.7 lbs. sulfur
dioxide, for the sum of all SO2
emissions from a given refinery per
barrel of oil processed, per day. This
emission rate is disapproved. The
emission rate remains unchanged at 0.3
lbs. All remaining language within
Sections VI.B.4.e and VI.B.4.g(ii) is
approved.
[FR Doc. 2011–1497 Filed 1–25–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm.
S–4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
Docket Facility telephone number is
(703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7509P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7390; e-mail address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
40 CFR Part 180
A. Does this action apply to me?
[EPA–HQ–OPP–2009–0713; FRL–8855–1]
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
Mefenoxam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of mefenoxam in
or on multiple commodities which are
identified and discussed later in this
document. This regulation additionally
removes the individual tolerance on
lingonberry, as it will be superseded by
inclusion in bushberry subgroup
13–07B. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
January 26, 2011. Objections and
requests for hearings must be received
on or before March 28, 2011, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2009–0713. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
SUMMARY:
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.gpoaccess.gov/ecfr.
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Agencies
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4540-4542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1497]
[[Page 4540]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1033; A-1-FRL-9209-3]
Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Colorado; Revisions to Regulation 1
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is partially approving and partially disapproving a State
Implementation Plan (SIP) revision submitted by the State of Colorado
regarding its Regulation 1. Regulation 1 provides certain emission
controls for opacity, particulates, carbon monoxide and sulfur dioxide.
The revision involves the deletion of obsolete, the adoption of new,
and the clarification of ambiguous provisions within Regulation 1. The
intended effect of EPA's action is to make Federally enforceable the
revised portions of Colorado's Regulation 1 that EPA is approving and
to disapprove portions of the regulation that EPA deems are not
consistent with the Clean Air Act. This action is being taken under
section 110 of the Clean Air Act.
DATES: This final rule is effective February 25, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1033. All documents in the docket are listed in
the https://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, U.S.
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303)
312-6022, fax number (303) 312-6064, komp.mark@epa.gov.
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
(v) The words Provision or Regulation refer to Colorado's
Regulation 1.
(vi) The initials SO2 mean or refer to sulfur dioxide, HC mean or
refer to hydrocarbons and CO mean or refer to Carbon Monoxide.
(vii) The initials RACT mean or refer to Reasonably Available
Control Technology.
Table of Contents
I. Background Information Regarding Colorado's Submittal
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background Information Regarding Colorado's Submittal
On July 31, 2002, the State of Colorado submitted a formal revision
to its SIP. The July 31, 2002 revision deleted obsolete provisions in
Sections II.A.6, A.7, A.9 and C.3 \1\ regarding, respectively, alfalfa
dehydrating plant drum dryers, wigwam burners, the static firing of
Pershing missiles and a notice regarding waste materials. The
provisions were deleted from the regulation because these sources no
longer exist in the State and the notice regarding waste materials
appears in other Colorado regulations.
---------------------------------------------------------------------------
\1\ All references in this notice to particular section numbers
are to the designated sections within Regulation 1.
---------------------------------------------------------------------------
Colorado added language to its open burning provisions (Section
II.C.2.d) to clarify that the open burning of animal parts and
carcasses are not exempt from permit requirements. However, a special
allowance to conduct open burning activities without a permit is
provided where the State Agricultural Commission declares a public
health emergency or a contagious or infectious outbreak of disease that
imperils livestock is evident. Such activities require a telephone
notice to State and local health departments prior to conducting such
open burning activities. All necessary safeguards must be used to
minimize impacts on public health or welfare.
The State revised the method in Section III.A.1.d for calculating
emissions from multiple fuel burning units ducting to a common stack.
Emissions are to be calculated on a pound per million British thermal
unit (lbs/mmBtu) input and must be based on a weighted average of the
individual allowable limits for each unit.
The State added clarifying language in several provisions of
Regulation 1 stating that alternative performance test methods may be
used with approval from the State. It also specified that ASTM or
equivalent methods approved by the State may be used for fuel sampling
from sources subject to Regulation 1.
In sections VI A.3.e. and VI.B.4.g. regarding SO2
emissions, the State changed the overall emission limit for petroleum
and oil shale refineries from 0.3 lbs per barrel of oil processed per
day to 0.7 lbs per barrel of oil processed per day. The State also
added new language that modifies the method for calculating compliance
with emission limits for petroleum refining and cement manufacturing.
The State deleted Section VI.B.5, which stipulates that new sources of
SO2 emissions that do not fall in specific source categories
are subject to a 2 ton per day emission limit and are to utilize best
available control technology.
II. Response to Comments
EPA did not receive comments on our July 21, 2010 Federal Register
proposed action regarding the partial approval and partial disapproval
of Colorado's SIP revisions to their Regulation 1.
III. Section 110(l) of the CAA
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the National Ambient Air Quality Standards (NAAQS)
or any other applicable requirement of the Act. Those portions of the
revision to Colorado's Regulation 1 that we are approving satisfy
section 110(l), because those portions do not relax existing SIP
requirements. Instead, the portions of the July 31, 2002 submittal EPA
is
[[Page 4541]]
approving increase stringency of existing requirements, clarify
existing requirements, or remove obsolete requirements. Therefore,
section 110(l) is satisfied.
IV. Final Action
EPA is approving revisions to the following provisions in
Regulation 1: (1) Deletion of Sections II.A.6, II.A.7, and II.A.9
regarding emission limits for sources that no longer exist in the State
and the deletion of Section II.C.3 regarding an obsolete notice
involving the disposal of waste materials. The deletion of Sections II.
A6, A.7 and A.9 will cause a numbering change of subsequent paragraphs
within Sections II.A. EPA is adopting the new numbering scheme for
section II.A.; (2) revisions to Section II.C.2.d. regarding the burning
of diseased animal carcasses to prevent a public health emergency; (3)
revision of Section III.A.1.d involving the State's method for
calculating emissions from multiple fuel burning units ducted to a
common stack; (4) the deletion of Section III.C.2 regarding the
deletion of process weight emission standards for alfalfa drum dryers.
The deletion of Section III.C.2 will cause a numbering change of
subsequent paragraphs within Section III.C. EPA is adopting the new
numbering scheme for section III.C.; (5) Federal adoption of Section V
regarding emission standards for electric arc furnaces, except for a
portion of Section V.A.2 where the State has specified that their
director has discretion to approve other credible methods for
determining emission rates; and (6) revisions to Sections VI.A.3.e,
VI.A.3.f, VI.B.4.e, and VI.B.4.g.(ii) regarding the methods used for
the averaging of emissions over a 24 hour period.
EPA is disapproving revisions to the following provisions in
Regulation 1: (1) Revisions to Section III.A.2. and Section III.C.3
involving director's discretion regarding the method for conducting
performance tests; (2) the revision within Section V.A.2. where the
State gives its director's discretion regarding the method used to
determine compliance with electric arc furnaces' emission standards;
(3) revisions to Sections VI.B.4.e and VI.B.4.g(ii) regarding changes
in the SO2 emission limits for petroleum and oil shale
refining; (4) revisions to Section VI.B.5 regarding SO2
emission limits for new sources not falling in specified source
categories; and (5) revisions to Sections VI.C. and VI.F. regarding the
use of director's discretion for alternative methods to show compliance
with fuel sampling plans and alternative compliance procedures
respectively.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 28, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 23, 2010.
Carol Rushin,
Deputy Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. Section 52.320 is amended by adding paragraph (c)(115) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
[[Page 4542]]
(115) On July 31, 2003, the State of Colorado submitted revisions
to Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6,
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant
drum dryers, wigwam burners, the static firing of Pershing missiles and
a notice regarding waste materials. The State also deleted emission
limitations for alfalfa plant drum dyers by removing Section III.C.2.
Colorado's deletion of Sections II. A6, A.7 and A.9 and Section III.C.2
will cause a numbering change of subsequent paragraphs within Sections
II.A and III.C. EPA is adopting the new numbering scheme for sections
II.A. and III C. Section II.C.2.d. regarding agricultural open burning
is modified to include the burning of diseased animal carcasses to
prevent a public health emergency. Section III.A.1.d is modified for
incorporation of new State's method for calculating emissions from
multiple fuel burning units ducted to a common stack. Section V is
added regarding emission standards for electric arc furnaces, except
for the director's discretion provision provided for in Section V.A.2.
Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are modified
regarding the methods used for the averaging of emissions over a 24
hour period.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and
Opacity, Section II.C.2.d, effective March 2, 2002.
(B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September
30, 2001.
(C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard
for Existing Iron and Steel Plant Operations, effective September 30,
2001.
(1) The submittal contains Section V.A.2 with the language:
``Emissions from gas-cleaning device shall not exceed a mass
emission rate of 0.00520 gr/dscf of filterable particulates maximum
two-hour average, as measured by EPA Methods 1-4 and the front half of
Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by other credible
method approved by the Division. This particulate emissions standard
does not include condensable emissions, or the back half emissions of
Method 5''. The language ``or by other credible method approved by the
Division'' is disapproved. The language ``Appendix A, Part 60'' is
changed to ``appendices A1 through A3, Part 60'' in order to comply
with the current nomenclature of Part 60.
(D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and
VI.B.4.g(ii), effective September 30, 2001.
(1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7
lbs. sulfur dioxide, for the sum of all SO2 emissions from a
given refinery per barrel of oil processed, per day. This emission rate
is disapproved. The emission rate remains unchanged at 0.3 lbs. All
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is
approved.
[FR Doc. 2011-1497 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P