Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution Revisions for the 1997 PM2.5, 1027-1039 [2012-70]
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health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g. specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
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action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34) (g), of the Instruction. This rule
involves amending a security zone
regulation by removing the reference to
shore area in security zones for moored
cruise ships. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket were indicated under
ADDRESSES.
moored, or anchored, the stationary
vessel must stay moored or anchored
while it remains within the cruise ship’s
security zone unless it is either ordered
by, or given permission from, the COTP
Los Angeles-Long Beach to do
otherwise.
*
*
*
*
*
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. In § 165.1154, revise paragraphs (b)
and (c) to read as follows:
■
§ 165.1154 Security Zones; Moored Cruise
Ships, San Pedro Bay, California.
*
*
*
*
*
(b) Location. The following areas are
security zones: All navigable waters,
extending from the surface to the sea
floor, within a 100-yard radius around
any cruise ship that is located within
the San Pedro Bay area landward of the
sea buoys bounding the port of Los
Angeles or Port of Long Beach or
designated anchorages within 3 nautical
miles seaward of the Federal
Breakwaters.
(c) Regulations. Under regulations in
33 CFR part 165, subpart D, a person or
vessel may not entry into or remain in
the security zones created by this
section unless authorized by the Coast
Guard Captain of the Port, Los
Angeles—Long Beach (COTP) or a COTP
designated representative.
(1) Persons desiring to transit these
security zones may contact the COTP at
telephone number (310) 521–3801 or on
VHF–FM channel 16 (156.8 MHz) to
seek permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
his or her designated representative.
(2) When a cruise ship approaches
within 100 yards of a vessel that is
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Dated: December 23, 2011.
R.R. Laferriere,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
[FR Doc. 2012–109 Filed 1–6–12; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–1037; FRL–9506–8]
Approval and Promulgation of State
Implementation Plans; State of
Colorado; Interstate Transport of
Pollution Revisions for the 1997 PM2.5
and 8-Hour Ozone NAAQS:
‘‘Significant Contribution,’’
‘‘Interference With Maintenance,’’ and
‘‘Interference With Prevention of
Significant Deterioration’’
Requirements; Revisions to Regulation
No. 3
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving portions of
a State Implementation Plan (SIP)
revision submitted by the State of
Colorado for the purpose of addressing
the ‘‘good neighbor’’ provisions of Clean
Air Act (‘‘Act’’ or ‘‘CAA’’) section
110(a)(2)(D)(i) for the 1997 8-hour ozone
National Ambient Air Quality Standards
(‘‘NAAQS’’ or ‘‘standards’’) and the
1997 fine particulate matter (‘‘PM2.5’’)
NAAQS. This SIP revision addresses the
requirement that the State of Colorado’s
SIP (‘‘Interstate Transport SIP’’) have
adequate provisions to prohibit air
emissions from adversely affecting
another state’s air quality through
interstate transport. In this action, EPA
is approving the Colorado Interstate
Transport SIP provisions that address
the requirement of section
110(a)(2)(D)(i) that emissions from
Colorado sources do not significantly
contribute to nonattainment of the 1997
PM2.5 NAAQS in any other state,
interfere with maintenance of the 1997
PM2.5 NAAQS by any other state, or
interfere with any other state’s required
measures to prevent significant
deterioration of air quality for the 1997
PM2.5 and 8-hour ozone NAAQS. EPA is
SUMMARY:
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also approving certain revisions to
Colorado Regulation No. 3 submitted by
the State of Colorado in separate prior
submissions. This action is being taken
under section 110 of the CAA.
DATES: Effective Date: This final rule is
effective February 8, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2007–1037.
Documents related to EPA’s December
7, 2005 proposed approval of changes to
Colorado Regulation No. 3 (70 FR
72744) can be found in a docket under
Docket ID No. R08–OAR–2005–CO–
0003. All documents in the dockets are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
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 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
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 Colorado and State
mean the State of Colorado.
I . Background
II. Response to Comments
III. Section 110(l)
16:19 Jan 06, 2012
I. Background
Colorado Interstate Transport SIP for
the 1997 8-hour Ozone and PM2.5
NAAQS
On July 18, 1997, EPA promulgated
new NAAQS for ozone and for PM2.5.
Section 110(a)(1) of the CAA requires
states to submit SIPs to address a new
or revised NAAQS within 3 years after
promulgation of such standards, or
within such shorter period as EPA may
prescribe. Section 110(a)(2) lists the
elements that such new SIPs must
address, as applicable, including section
110(a)(2)(D)(i), which pertains to
interstate transport of certain emissions.
On August 15, 2006, EPA issued its
‘‘Guidance for State Implementation
Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality
Standards’’ (‘‘2006 Guidance’’).1 The
2006 Guidance recommends ways states
may, in their submissions, meet the
requirements of section 110(a)(2)(D)(i)
for the 1997 8-hour ozone and PM2.5
standards.
As identified in the 2006 Guidance,
the ‘‘good neighbor’’ provisions in
section 110(a)(2)(D)(i) require each state
to submit a SIP that prohibits emissions
that adversely affect another state in the
ways contemplated in the statute.
Section 110(a)(2)(D)(i) identifies four
distinct requirements related to the
impacts of interstate transport. The SIP
must prevent sources in the state from
emitting pollutants in amounts which
will: (1) Contribute significantly to
nonattainment of the NAAQS in any
other state; (2) interfere with
maintenance of the NAAQS by any
other state; (3) interfere with required
measures to prevent significant
deterioration of air quality in any other
state; or (4) interfere with efforts to
protect visibility in any other state.
Requirements (1) and (2) are found
under 110(a)(2)(D)(i)(I), and
requirements (3) and (4) are found
under 110(a)(2)(D)(i)(II).
On June 11, 2008, the State of
Colorado submitted to EPA an Interstate
Transport SIP addressing all four
requirements of CAA section
110(a)(2)(D)(i) for the 1997 8-hour ozone
and PM2.5 NAAQS. In response to EPA’s
concerns regarding the June 11, 2008
1 Memorandum from William T. Harnett entitled,
‘‘Guidance for State Implementation Plan (SIP)
Submissions to Meet Current Outstanding
Obligations Under Section 110(a)(2)(D)(i) for the 8hour Ozone and PM2.5 National Ambient Air
Quality Standards’’ (Aug. 15, 2006).
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IV. Final Action
V. Statutory and Executive Order Reviews
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submission, the State later submitted
two superseding interstate transport SIP
revisions: (a) a June 18, 2009 submission
addressing requirements (1) and (2) of
section 110(a)(2)(D)(i) for the 1997 8hour ozone NAAQS; and (b) a March 31,
2010 submission addressing
requirements (3) and (4) for the 1997 8hour ozone NAAQS and requirements
(1) through (4) for the 1997 PM2.5
NAAQS. EPA approved Colorado’s
Interstate Transport SIP with respect to
the ‘‘significant contribution to
nonattainment’’ and the ‘‘interfere with
maintenance’’ requirements for the 1997
8-hour ozone NAAQS in final rule
actions published June 3 and November
22, 2010 (75 FR 31306; 75 FR 71029).
EPA approved Colorado’s Interstate
Transport SIP with respect to the
‘‘interfere with visibility’’ requirement
for the 1997 8-hour ozone and PM2.5
NAAQS on April 20, 2011 (76 FR
22036).
After those actions, the pending
portions of Colorado’s Interstate
Transport SIP are those that address
requirements (1), (2), and (3) for the
1997 PM2.5 NAAQS and requirement (3)
for the 1997 8-hour ozone NAAQS. On
April 19, 2011, EPA published a notice
of proposed rulemaking (NPR) for the
State of Colorado (76 FR 21835) to act
on the pending portions. Specifically, in
the NPR EPA proposed approval of the
language and demonstration of the
March 31, 2010 submission that
addresses three requirements of section
110(a)(2)(D)(i) with respect to the 1997
PM2.5 NAAQS: (1) Prohibition of
significant contribution to
nonattainment of the NAAQS in any
other state, (2) prohibition of
interference with maintenance of the
NAAQS by any other state, and (3)
prohibition of interference with other
states’ required measures to prevent
significant deterioration of air quality.
EPA is also approving the language and
demonstration that addresses
requirement (3) of section
110(a)(2)(D)(i)—prohibition of
interference with other states’ required
measures to prevent significant
deterioration of air quality—with
respect to the 1997 8-hour ozone
NAAQS.
Colorado Regulation No. 3, Part D: New
Source Review and Prevention of
Significant Deterioration (PSD)
The 2006 Guidance states that the
interference with PSD requirement of
section 110(a)(2)(D)(i)(II) may be met by
the State’s confirmation in a SIP
submission that new major sources and
major modifications in the State are
subject to PSD and (if the State contains
a nonattainment area for the relevant
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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
pollutant) Nonattainment New Source
Review (NNSR) programs that
implement the relevant standards
according to current requirements.2
Colorado’s SIP-approved PSD and
NNSR programs are contained in
Colorado Regulation No. 3.
The State of Colorado submitted
revisions to Colorado Regulation No. 3
on July 11, 2005, and submitted a
supplement to those revisions on
October 25, 2005, in response to EPA’s
concerns. The two submissions
reorganized Regulation No. 3 by moving
much of the previously approved
language from other sections of
Regulation 3 into the newly created Part
D. The submissions then incorporated
EPA’s December 31, 2002 NSR Reform
rule (67 FR 80186) into Part D, applying
the reforms to both the State’s PSD and
NNSR programs. In its submissions,
Colorado distinguished the revised
language that incorporated NSR Reform
from the language for the existing PSD
and NSR programs (as reorganized into
part D) by italicizing language that was
to be added to the existing programs and
by underlining language that was to be
removed from the existing programs.
Colorado’s submission indicated that
the addition of the italicized language
and removal of the underlined language
was to become effective only after EPA
approved those changes into Colorado’s
SIP. EPA proposed approval of the
October 25, 2005 submission on
December 7, 2005 (70 FR 72744).3 EPA’s
proposed approval received extensive
comments, and EPA has not yet
finalized it.
On August 1, 2007, the State
submitted to EPA revisions to
Regulation No. 3. These revisions
(among other things) updated the State’s
PSD and NNSR programs to meet the
requirements of EPA’s Phase 2
implementation rule for the 1997 8-hour
ozone NAAQS (‘‘Phase 2 Rule’’) (70 FR
71612, Nov. 29, 2005). In the April 19,
2011 NPR (76 FR 21835) for today’s
action, EPA proposed approval of
portions of the August 1, 2007
submission, specifically the portions
that implement the Phase 2 rule by
treating nitrogen oxides as an ozone
precursor. Because these portions are in
part D of Regulation No. 3, which was
created by the July 11, 2005 and the
October 25, 2005 submissions, the
August 1, 2007 revisions depend on
those earlier submissions. Specifically,
the August 1, 2007 revisions depend on
2 2006
Guidance at 6.
December 7, 2005 proposed approval and
all supporting documentation, including both the
July 11, 2005 and October 25, 2005 submissions can
be found in docket R08–OAR–2005–CO–0003–FRL–
8005–6.
3 The
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the following parts: The reorganization
of the existing PSD and NNSR programs
into part D of Regulation No. 3, the
introduction of the term ‘‘regulated NSR
pollutant,’’ and the associated
replacement in existing portions of the
PSD and NNSR program of the
regulatory phrase ‘‘air pollutant subject
to regulation under the Act’’ with the
term ‘‘regulated NSR pollutant.’’ As
explained in greater detail in section IV
below, in this action we also finalize the
December 7, 2005 proposed approval of
these portions of the July 11, 2005 and
October 25, 2005 submissions.
Finally, the NPR included language
explaining that EPA would approve the
State’s 110(a)(2)(D)(i) submission for the
PSD requirement in its entirety for both
NAAQS if the State submitted a letter
clarifying that its Interstate Transport
SIP submission should be read to rely
only on the portion of Colorado’s PSD
program that remains approved after the
PSD SIP Narrowing Rule (75 FR 82536,
Dec. 30, 2010) took effect. The State
submitted to EPA a letter making this
clarification on May 10, 2011.4
II. Response to Comments
EPA received no comments on its
April 19, 2011 proposed approval of
portions of Colorado’s Interstate
Transport SIP and of portions of
Colorado’s August 1, 2007 submission
addressing requirements of the Phase 2
Rule. EPA did receive comments on the
December 7, 2005 proposal to approve
Colorado’s July 11, 2005 and October
25, 2005 submissions. EPA does not
consider any of these comments
applicable to the portions of the
December 7, 2005 proposal we are
finalizing with today’s action. However,
to the extent that some comments could
be understood to apply to the portions
we are approving with this action, EPA
addresses these particular comments
below. These comments fell into three
categories: (1) Comments that argued
that approval would violate the
requirements of section 110(l) of the
Act; (2) comments that argued that
approval would violate the
requirements of section 193 of the Act;
and (3) comments that generally
(without a specific legal basis) opposed
approval.
First, with regards to section 110(l),
the only substantive change to
Colorado’s PSD and NNSR programs in
the submissions that EPA approves
today is the addition of the defined term
‘‘regulated NSR pollutant’’ and the use
of that term in place of the previous
regulatory phrase, ‘‘air pollutant subject
4 This letter is available for view in the docket for
this action.
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to regulation under the Federal Act.’’ As
noted in the preamble to the NSR
Reform rules, (67 FR at 80239–40), the
effect of introducing the term ‘‘regulated
NSR pollutant’’ was to exclude from the
PSD program hazardous air pollutants
(HAPS) listed under section 112 of the
Act, except for HAPS that are a
constituent or precursor of a more
general pollutant regulated under
section 108 of the Act. EPA explained
that this change clarified which
pollutants are covered under the PSD
program and responded to the addition
of section 112(b)(6) in the 1990 Clean
Air Act Amendments.
Section 110(l) provides in relevant
part: ‘‘The Administrator shall not
approve a revision of a plan if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress * * *, or any other applicable
requirement of [the Act].’’ The exclusion
of HAPS from the PSD program to the
extent described above does not affect
any applicable requirement concerning
attainment and reasonable further
progress, as those requirements are
specific to criteria pollutants and their
precursors. Furthermore, the exclusion
does not interfere with any other
applicable requirement; in fact, it
implements the requirement of section
112(b)(6) of the Act. Finally, this
revision does not relax any applicable
requirements, and is merely a
clarification of the applicability of the
PSD program. Therefore, approval of the
specified portions of the October 25,
2005 submission does not violate
section 110(l).
Similarly, approval of these portions
does not violate section 193 of the Act.
Section 193 prohibits modification after
November 15, 1990 of any ‘‘control
requirement in effect, or required to be
adopted by an order, settlement
agreement or plan in effect before
November 15, 1990, in any area which
is a nonattainment area for any air
pollutant * * * unless the modification
insures equivalent or greater emission
reductions of such air pollutant.’’ As the
introduction of the term ‘‘regulated NSR
pollutant’’ leaves unchanged control
requirements for criteria pollutants, the
portions of the July 11, 2005 and
October 25, 2005 submissions approved
in this action do not violate the
prohibition of section 193. Finally, in
response to comments that generally
(without a specific legal basis) opposed
EPA’s proposed approval of the July 11,
2005 and October 25, 2005 submissions,
EPA notes that section 110(k)(3)
requires us to approve SIP submissions
that meet all of the applicable
requirements of the Act. Although we
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acknowledge the opposition to our
approval of the 2005 submissions, the
comments do not provide a basis for us
to act otherwise.
III. Section 110(l)
Section 110(l) of the CAA prohibits
EPA from approving a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of the
NAAQS or any other applicable
requirements of the Act. As explained in
section II above, EPA’s approval of
specific portions of the July 11, 2005
and October 25, 2005 submissions
revising Regulation No. 3 does not
violate section 110(l). EPA’s approval of
the Interstate Transport SIP also does
not violate section 110(l), as the
Interstate Transport SIP does not revise
or remove any existing emissions
limitation for any NAAQS, or any other
existing substantive SIP provision
relevant to the 1997 8-hour ozone or
PM2.5 NAAQS. Finally, the portions of
the August 1, 2007 submission acted on
here, in treating NOX as a precursor to
ozone, make the Colorado SIP more
stringent; EPA’s approval of these
portions therefore does not violate
section 110(l).
IV. Final Action
EPA is approving portions of the
Colorado Interstate Transport SIP
revisions submitted by the State on
March 31, 2010. Specifically, in this
action EPA is approving the language
and demonstration of the March 31,
2010 submission that addresses three
requirements of section 110(a)(2)(D)(i)
with respect to the 1997 PM2.5 NAAQS:
(1) Prohibition of significant
contribution to nonattainment of the
NAAQS in any other state, (2)
prohibition of interference with
maintenance of the NAAQS by any
other state, and (3) prohibition of
interference with other states’ required
measures to prevent significant
deterioration of air quality. EPA is also
approving the language and
demonstration that addresses
requirement (3) of section
110(a)(2)(D)(i)—prohibition of
interference with other states’ required
measures to prevent significant
deterioration of air quality—with
respect to the 1997 8-hour ozone
NAAQS. The reasons for this action are
detailed in our notice proposing
approval of the portions of the March
31, 2010 submission for these
requirements (76 FR 21835). In brief,
our analysis of the weight of evidence
indicated that emissions from Colorado
do not have the impacts prohibited by
the requirements (1) and (2) with
respect to the 1997 PM2.5 NAAQS. In
addition, we noted that a clarification
by Colorado of its interpretation of
EPA’s interim guidance on use of PM10
as a surrogate for PM2.5 allowed us to
propose approval of Colorado’s
Interstate Transport SIP with regards to
requirement (3) for the 1997 PM2.5
NAAQS. Finally, we explained that
concurrent approval of the portions of
the August 1, 2007 submittal (finalized
below) implementing the Phase 2 Rule
would allow us to approve the Interstate
Transport SIP with regards to
requirement (3) for the 1997 ozone
NAAQS.
EPA is also approving certain
revisions to Colorado’s PSD and NNSR
programs in this action. These revisions
were submitted by the State on July 11,
2005 and October 25, 2005, and
proposed for approval by EPA on
December 7, 2005 (70 FR 72744); in
part, the revisions reorganize the
previously approved PSD and NNSR
programs in Regulation 3 into Part D.
With the exception of the provisions
submitted in 2007 that implement the
requirements of the Phase 2 Rule (listed
in Table 2.) and that supersede the 2005
submittals, we are approving the
following provisions from the 2005
submittals. We are generally approving
the text in Part D that is plain or (except
as described below) underlined; this
language reflects the reorganization of
the PSD and NNSR programs into Part
D. EPA is also approving portions of
Regulation 3 Part D that were added or
revised by the State in response to
EPA’s December 31, 2002 NSR Reform
rule and that were included in the July
11, 2005 and October 25, 2005
submissions. These particular portions
were also proposed for approval in the
December 7, 2005 NPR (70 FR 72744).
Specifically, these portions are: (1) The
addition of the term ‘‘regulated NSR
pollutant’’ in italicized text (including
when used in the phrase ‘‘With respect
to any regulated NSR pollutant emitted
by any major stationary source’’); and
(2) the addition of italicized text and
removal of underlined text that reflects
the replacement of the term ‘‘air
pollutant subject to regulation under the
Federal Act’’ (or an equivalent phrase)
with ‘‘regulated NSR pollutant.’’
TABLE 1
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
Provision description
EPA is incorporating all or
part of revision
or addition into
the SIP 5
A–I.B.1. .............................
D–II.A.1. ............
Actual emissions definition ..........
A–I.B.7. .............................
D–II.A.3. ............
A–I.B.8. .............................
A–I.B.7. .............
Air Quality Related Value definition.
Allowable Emissions definition ....
A–I.B.10. ...........................
D–II.A.5. ............
Baseline Area definition ...............
A–I.B.11. ...........................
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Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
D–II.A.6. ............
A–I.B.12. ...........................
D–II.A.8. ............
A–I.B.15. ...........................
D–II.A.12. ..........
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Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Comment
(if applicable, see footnote)
Yes ....................
51.166(b)(21) ..................
51.165(a)(1)(xii) ..............
Yes ....................
NA ..................................
No .....................
Yes ....................
51.166(b)(16) ..................
51.165(a)(1)(xi)
51.166(b)(15) ..................
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.
See footnote 5.
EPA is approving this definition.
See footnote 2.
See footnote 1.
Baseline Concentration definition
Yes ....................
51.166(b)(13) ..................
Best Available Control Technology definition.
Complete definition (for PSD/NSR
purposes).
Yes ....................
51.166(b)(12) ..................
51.165(a)(1)(xl)
51.166(b)(22) ..................
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EPA is approving this definition.
See footnote 2.
EPA is approving this definition.
See footnote 2.
EPA is approving this definition.
See footnote 4.
EPA is approving 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.
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
1031
TABLE 1—Continued
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
Provision description
EPA is incorporating all or
part of revision
or addition into
the SIP 5
A–I.B.21. ...........................
D–II.A.16. ..........
Federal Land Manager definition
Yes ....................
A–I.B.31. ...........................
D–II.A.19. ..........
D–II.A.21. ..........
Innovative Control Technology
definition.
Lowest Achievable Emission Rate
definition.
Yes ....................
A–I.B.32. ...........................
Yes ....................
51.166(b)(52) ..................
51.165(a)(1)(xiii)
A–I.B.33. ...........................
D–II.A.24. ..........
51.166(b)(14)(i) ..............
D–II.A.26. ..........
Yes ....................
51.166(b)(14)(ii) ..............
A–I.B.35.b. ........................
D–II.A.23. (except II.A.23.a,
d(iii),(viii),(x),
(xi), and (e)—
see below).
Major Source Baseline Date definition.
Minor Source Baseline Date definition.
Major Modification definition ........
Yes ....................
A–I.B.34. ...........................
Yes, except as
noted below.
51.166(b)(2) ....................
51.165(a)(1)(v)
N/A ....................................
D–II.A.23.d.(iii) ..
51.166(b)(2)(iii)(d) ..........
51.165(a)(1)(v)(C)(4)(iv)
D–II.A.23.d(viii)
No .....................
51.166(b)(2)(iii)(h) ..........
51.165(a)(1)(v)(C)(8)
EPA is not taking action on this
section at this time.
See footnote 1.
N/A ....................................
D–II.A.23.d(x) ....
No, as noted .....
51.166(b)(2)(j) ................
EPA is not taking action on this
section at this time.
See footnotes 1 and 7.
N/A ....................................
D–II.A.23.d(xi) ...
No, as noted .....
51.166(b)(2)(k) ...............
EPA is not taking action on this
section at this time.
See footnotes 1 and 7.
N/A ....................................
D–II.A.23.e. .......
Use of an alternative fuel at a
steam generating unit.
(part of Major Modification 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).
No .....................
N/A ....................................
No .....................
51.166(b)(2)(iv) ...............
51.165(a)(1)(v)(D)
A–I.B.36. ...........................
tkelley on DSK3SPTVN1PROD with RULES
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
D–II.A.27. (except
II.A.27.c.(iv)
and
II.A.27.g.(v)).
Net Emissions Increase definition
Yes, except as
noted below.
51.166(b)(3) ....................
51.165(a)(1)(vi)
N/A ....................................
D–II.A.27.c.(iv) ..
Net emissions increase at a clean
unit.
(part of Net Emissions Increase
definition).
No .....................
51.166(b)(3)(iii)(c) ...........
51.165(a)(1)(vi)(C)(3)
EPA is not taking action on this
section at this time.
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 approving the renumbering of this provision and the
addition of the phrase ‘‘With respect to any regulated NSR
pollutant emitted by a major
stationary source,’’ in II.A.27.a.
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 footnote 5.
EPA is not taking action on this
part of the definition at this
time.
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Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Comment
(if applicable, see footnote)
51.166(b)(24) ..................
51.165(a)(1)(xlii)
51.166(b)(19) ..................
EPA is approving this definition.
See footnote 2.
EPA is approving this definition.
See footnote 2.
EPA is approving the renumbering of this definition.
See footnote 3.
EPA is approving this definition.
See footnote 2.
EPA is approving this definition.
See footnote 2.
EPA is approving the renumbering of all of II.23 (except
sections D–II.A.23.d.(viii), (x),
and (xi)), and, in II.A.23, prior
to subsection II.A.23.a, the replacement of the term ‘‘air pollutant subject to regulation
under the Federal Act or the
State Act’’ with the term ‘‘regulated NSR pollutant.’’
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 Footnote 5.
EPA is not taking action on this
section at this time.
See footnote 1.
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1032
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
TABLE 1—Continued
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
N/A ....................................
D–II.A.27.g.(v) ...
A–I.B.44 ............................
Provision description
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Comment
(if applicable, see footnote)
No .....................
51.166(b)(3)(vi)(d) ..........
51.165(a)(1)(vi)(E)(5)
EPA is not taking action on this
part of the definition at this
time.
A–I.B.35. ...........
Net emissions increase at a clean
unit and pollution control
project.
(part of Net Emissions Increase
definition).
Potential to Emit definition ...........
No .....................
51.166(b)(4) ....................
51.165(a)(1)(iii) ...............
A–I.B.55. ...........................
D–II.A.43. ..........
Secondary Emissions definition ...
Yes ....................
51.166.(b)(18) .................
51.165(a)(1)(viii)
A–I.B.57. ...........................
D–II.A.44. (except II.A.44.a).
D–II.A.25. ..........
Significant definition .....................
Yes ....................
Major Stationary Source definition
(introductory).
Yes, except as
noted below.
51.166.(b)(23) .................
51.165(a)(1)(x)
51.166(b)(1)(i) ................
51.165(a)(1)(iv)
EPA is not taking action on this
definition.
See footnote 1.
EPA is approving the renumbering of this definition.
See footnote 3.
EPA is approving this definition.
See footnote 2.
EPA is approving 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.
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 1.
EPA is approving this definition.
See footnote 2.
A–I.B.58. Major Stationary
Source.
D–II.A.25.b. .......
For the purpose of determining No, as noted .....
whether a source in a nonattainment area is subject * * *.
(part of Major Stationary Source
definition).
51.165(a)(1)(iv)(A)(1) .....
A–I.B.58.b. ........................
D–II.A.25.a. .......
51.166(b)(1)(i)(a) ............
D–II.A.25.c. .......
Yes ....................
51.166(b)(1)(i)(c) ............
51.165(a)(1)(iv)(A)(2)
EPA is approving this definition.
See footnote 2.
A–I.B.58.d. ........................
D–II.A.25.d. .......
No .....................
51.166(b)(1)(ii) ................
51.165(a)(1)(iv)(B)
EPA is not approving this definition.
See footnote 1.
A–I.B.58.f. .........................
D–II.A.25.e. .......
Yes ....................
51.166(b)(1)(iii) ...............
51.165(a)(1)(iv)(C)
EPA is approving this definition.
See footnote 2.
A–I.B.58.e. ........................
D–II.A.25.f. ........
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).
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 stationary source shall not be included.
(part of Major Stationary Source
definition).
Emissions caused by indirect air
pollution sources.
(part of Major Stationary Source
definition).
Yes ....................
A–I.B.58.c. ........................
Yes ....................
NA ..................................
A–I.B.58.g. ........................
D–II.A.25.g. .......
A major stationary source in the
Denver Metro PM10 * * *.
(part of Major Stationary Source
definition).
No .....................
NA ..................................
N/A ....................................
D–III. .................
Permit Review Procedures ..........
Yes ....................
NA ..................................
N/A ....................................
D–III.A. ..............
NA ..................................
D–III.B. ..............
Yes ....................
NA ..................................
N/A ....................................
D–IV. .................
Major Stationary Sources must
apply for CP or OP.
Process PSD applications w/in 12
months.
Public Comment Requirements ...
Yes ....................
B–IV.B.5. ...........................
tkelley on DSK3SPTVN1PROD with RULES
A–I.B.58.a. ........................
Yes ....................
51.166(q) ........................
N/A ....................................
D–IV.A. .............
Public Notice ................................
Yes ....................
51.166(q) ........................
EPA is approving this definition.
The reference in this definition to
‘‘I.B.22. of Part A’’ is at is at A–
I.B.58. in the current codified
SIP.
See footnote 2.
EPA is not acting on this definition in this action. This definition was not included in Colorado’s October 25, 2005 submission of Regulation No. 3,
and was therefore proposed for
approval erroneously in EPA’s
December 7, 2005 proposed
approval.
See footnote 1.
EPA is approving this section.
See footnote 6.
EPA is approving this section.
See footnote 6.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 6.
Copied from Part B, IV.C.4. of
current codified SIP.
EPA is approving 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 6.
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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
1033
TABLE 1—Continued
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
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.1. ..........
D–IV.A.2. ..........
B–IV.C.5. ...........................
D–IV.A.3. ..........
B–IV.C.6. ...........................
D–IV.A.4. ..........
B–IV.C.7. ...........................
D–IV.A.5. ..........
B–IV.C.8. ...........................
D–IV.A.6. ..........
B–IV.C.9. ...........................
D–IV.A.7. ..........
B–IV.D.2. ...........................
D–V. ..................
B–IV.D.2.a. ........................
D–V.A. ..............
B–IV.D.2.a.(i) through (iii)
B–IV.D.2.a.(iii)(C) 2nd par
D–V.A.1.
through 3..
D–V.A.3.d. ........
B–IV.D.2.a.(iv) ...................
D–V.A.4. ...........
B–IV.D.2.a.(v) ...................
D–V.A.5. ...........
B–IV.D.2.a.(vi) ...................
D–V.A.6. ...........
B–IV.D.2.b. ........................
D–V.A.7. ...........
B–IV.D.2.b.(i) ....................
D–V.A.7.a. ........
B–IV.D.2.b.(ii) ....................
D–V.A.7.b. ........
N/A ....................................
D–V.A.7.c. .........
N/A ....................................
D–V.A.7.d. ........
B–IV.D.2.c. (and subsections).
B–IV.D.3. ...........................
D–V.A.8. ...........
D–VI. .................
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Public notice of NSR and PSD
permit applications.
Yes ....................
51.166(q)(ii) and (iv) .......
EPA is approving this section.
See footnote 2.
Additionally, for permit applications * * * (request comment
on).
Within 15 days after prepare PA
Yes ....................
51.166(q)(iii) ...................
EPA is approving this section.
See footnote 2.
Yes ....................
NA ..................................
Yes ....................
NA ..................................
Yes ....................
NA ..................................
Yes ....................
51.166(q)(v) ....................
Yes ....................
51.166(q)(viii) .................
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving 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 approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
Provision description
Hearing request for innovative
control.
Hearing request transmitted to
commission.
Commission shall hold public
comment hearing.
15 days after division makes final
decision on application.
Requirements Applicable to Nonattainment Areas (Introductory).
Major Stationary Sources ............
Yes ....................
NA ..................................
Yes ....................
51.165, Appx. S.IV.A. .....
Major Stationary Sources ............
Yes ....................
With respect to offsets from outside nonattainment area.
The permit application shall include an analysis of alternative
sites * * *.
Offsets for which emission reduction credit is taken * * *.
The applicant will demonstrate
that emissions from the proposed source will not adversely
impact visibility * * *.
Applicability of Certain Nonattainment Area Requirements.
Any major stationary source in a
nonattainment area * * *.
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.
Requirements Applicable to Attainment Areas.
(Introductory)
Yes ....................
51.165, Appx. S.IV.A. .....
Conditions 1–4
51.165, Appx. S.IV.D. ....
Yes ....................
51.165, Appx. S.IV.D. ....
Yes ....................
51.165, Appx. S.V.A. ......
Yes ....................
NA ..................................
Yes ....................
NA ..................................
Yes ....................
NA ..................................
Yes ....................
51.165(a)(5)(ii) ................
No .....................
51.165(a)(6) ....................
EPA is not taking action on this
provision at this time.
See footnote 1.
No .....................
51.165(a)(7) ....................
EPA is not taking action on this
section at this time.
See footnote 1.
Yes ....................
51.165, Appx. S.IV.B.. ....
Yes ....................
NA ..................................
EPA is approving this section.
See footnote 2.
EPA is approving this provision.
See footnote 2.
tkelley on DSK3SPTVN1PROD with RULES
B–IV.D.3.a. (and subsections not listed
below).
D–VI.A. .............
Major Stationary Sources and
Major Modifications.
Yes ....................
51.166(j) .........................
B–IV.D.3.a.(i)(C) ...............
D–VI.A.1.c. ........
For phased construction * * * .....
Yes ....................
51.166(j)(4) .....................
B–IV.D.3.a.(iii)(D) ..............
D–VI.A.3.d. .......
In general, the continuous air
monitoring data.
Yes ....................
51.166(m)(1)(iv) ..............
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(if applicable, see footnote)
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EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this section.
See footnote 2.
EPA is approving this provision.
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 approving the renumbering of this provision.
See footnote 3.
EPA is approving this provision.
See footnote 2.
1034
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
TABLE 1—Continued
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
Provision description
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Comment
(if applicable, see footnote)
B–IV.D.3.a.(iii)(D) ..............
D–VI.A.4. ..........
Post-construction monitoring .......
Yes ....................
51.166(m)(2) ...................
B–IV.D.3.a(vi) ....................
D–VI.A.6 ...........
Additional Impact Analysis ...........
Yes ....................
.........................................
B–IV.D.3.b. ........................
D–VI.B. .............
NA ..................................
D–VI.B.1. ..........
Yes ....................
51.166(i)(1) and (2) ........
B–IV.D.3.b.(ii) ....................
D–VI.B.2. ..........
Yes ....................
51.166(i)(3) and (4) ........
B–IV.D.3.b.(iii) ...................
D–VI.B.3. (including D–
VI.B.3.b., c.,
and d.).
Yes ....................
51.166(i)(5) .....................
EPA is approving this provision.
Colorado has revised this provision to make post construction
monitoring at the director’s discretion
as
allowed
by
51.166(m)(2).
See footnote 2.
EPA is approving the renumbering of this provision.
See footnote 3.
EPA is approving this provision.
See footnote 2.
EPA is approving this provision.
See footnote 2.
EPA is approving this provision.
See footnote 2.
Colorado has reworded D–VI.B.3.
and deleted unnecessary language.
EPA is approving this provision.
See footnote 2.
B–IV.D.3.b.(iii)(A)(1)–(12)
D–VI.B.3.a.(i)–
(ix).
Applicability of Certain PSD Requirements.
The requirements of section VI.A.
do not apply * * *.
The requirements contained in
sections VI.A.2. through VI.A.4.
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 * * *.
Deleted Mercury, Beryllium, Vinyl
chloride.
Yes ....................
B–IV.D.3.b.(i) ....................
Yes ....................
51.166(i)(5)(i) ..................
B–IV.D.3.b.(iv) ...................
D–VI.B.4. ..........
51.166(i)(6) .....................
D–VI.B.5. ..........
No .....................
51.166(r)(6) ....................
N/A ....................................
D–VI.B.6. ..........
No .....................
51.166(r)(7) ....................
EPA is not taking action on this
section at this time.
See footnote 1.
B–IV.D.3.b.(v) ...................
D–VI.B.7. ..........
Yes ....................
51.166(i)(9) .....................
B–IV.D.3.c. ........................
D–VI.C. .............
The requirements of this Part D
shall apply * * *.
The following provisions apply to
projects at existing emissions
units (‘‘Reasonable possibility’’
provisions PSD).
(part of Applicability of Certain
PSD Requirements).
Documents available for review
upon request.
(part of Applicability of Certain
PSD Requirements).
A stationary source or modification may apply.
Notice to EPA ..............................
Yes ....................
N/A ....................................
Yes ....................
51.166(p)(1) ....................
B–IV.D.3.d. ........................
D–VI.D. .............
Major Stationary Sources in attainment areas affecting nonattainment area.
Yes ....................
51.165(b) ........................
B–IV.D.4. ...........................
D–VII. ................
Negligibly Reactive VOCs ...........
Yes ....................
51.100(s) ........................
B–V. ..................................
D–VIII. ...............
Area Classifications .....................
D–VIII.B. ...........
All other areas of Colorado, (part
of Area Classifications).
Yes, with the exception of D–
VIII.B.
No .....................
51.166(e) ........................
N/A ....................................
B–VI. .................................
D–IX. .................
Redesignation ..............................
Yes ....................
51.166(e) ........................
B–VII. ................................
D–X. ..................
Air Quality Limitations ..................
D–X.A.5. ...........
B–VIII. ...............................
D–XI. .................
Yes ....................
51.166(f) .........................
B–IX. .................................
D–XII. ................
Increment Consumption Restriction.
(part of Air Quality Limitations)
Exclusions from Increment Consumption.
Innovative Control Technology ....
Yes, with the exception of D–
X.A.5.
No .....................
51.166(c) ........................
N/A ....................................
tkelley on DSK3SPTVN1PROD with RULES
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
Yes ....................
51.166(s) ........................
B–X. ..................................
D–XIII. ...............
Federal Class I Areas ..................
Yes ....................
51.166(p) ........................
EPA is approving this provision.
See footnote 2.
EPA is approving this provision.
See footnote 2.
EPA is approving this section.
The reference in D–VI.D. to
‘‘III.D.1. of Part B’’ is at B–
IV.D.1. in the current codified
SIP.
See footnote 2.
EPA is approving this provision.
See footnote 2.
EPA is approving this provision
with the exception of D–VIII.B.
See footnote 2.
EPA is not taking action on this
section at this time.
See footnote 1.
EPA is approving this provision.
See footnote 2.
EPA is approving this provision
with the exception of D–X.A.5.
See footnote 2.
EPA is not taking action on this
provision at this time.
See footnote 1.
EPA is approving this provision.
See footnote 2.
EPA is approving this provision.
See footnote 2.
EPA is approving 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.
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NA ..................................
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EPA is approving this provision.
The deletion is consistent with
section 112(b)(6) of the Act.
See related discussion in section II, Response to Comments.
See footnote 2.
EPA is approving this provision.
See footnote 2.
EPA is not taking action on this
provision at this time.
See footnote 1.
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
1035
TABLE 1—Continued
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
Provision description
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
Comment
(if applicable, see footnote)
B–XI. .................................
D–XIV. ..............
Visibility ........................................
No .....................
NA ..................................
N/A ....................................
A–I.B.13. ...........
CEMS definition ...........................
No .....................
51.166(b)(43) ..................
51.165(a)(1)(xxxiv)
N/A ....................................
A–I.B.14. ...........
CERMS definition ........................
No .....................
51.166(b)(46) ..................
51.165(a)(1)(xxxiv)
N/A ....................................
A–I.B.15. ...........
CPMS definition ...........................
No .....................
51.166(b)(45) ..................
51.165(a)(1)(xxxiii)
N/A ....................................
A–I.B.33. ...........
Pollution Prevention definition .....
No .....................
51.166(b)(38) ..................
51.165(a)(1)(xxvi)
N/A ....................................
A–I.B.36. ...........
PEMS definition ...........................
No .....................
51.166(b)(44) ..................
51.165(a)(1)(xxxii)
N/A ....................................
D–I.A.–I.A.1. .....
General Applicability ....................
(Introductory)
Yes ....................
51.165(a)(2)(iii)(A) and
(B).
N/A ....................................
D–I.A.2.–I–A.3 ..
General Applicability ....................
(Continued)
No .....................
51.166(a)(7) (iv)(a)and
(b).
N/A ....................................
D–I.B .................
Applicability Tests ........................
No .....................
51.166(a)(7)(iv)(c), (d),
and (f).
51.165(a)(2)(ii)(C), (D),
and (F).
N/A ....................................
D–I.B.3. .............
Emission tests at clean units .......
(part of Applicability Tests)
No .....................
51.166 (a)(7)(iv)(e) .........
51.165(a)(2)(ii)(E)
N/A ....................................
D–I.B.4. second
sentence.
No .....................
N/A ....................................
D–I.C. ................
51.166(a)(7)(iv)(f) second
sentence.
51.165(a)(2)(ii)(F) second sentence.
51.166 (a)(7)(v) ..............
51.165(a)(2)(iii)
N/A ....................................
D–I.D. ................
N/A ....................................
D–II.A.2. ............
For example, for a project involves both an existing unit and
a clean unit * * *.
(part of Applicability Tests)
For any major stationary source
requesting, or operating under,
a Plantwide Applicability Limitation * * *.
An owner or operator undertaking
a Pollution Control Project
* * *.
Actuals PAL Definition .................
EPA is not taking action on this
section at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is approving the language in
section I.A.1 only.
See footnote 6.
EPA is not taking action on these
sections at this time.
See footnote 1.
EPA is not taking action on this
section at this time.
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
provision at this time.
See footnote 1.
EPA is not taking action on this
part of provision D–I.B.4. at this
time.
See footnote 1.
EPA is not taking action on this
section at this time.
See footnote 1,
N/A ....................................
D–II.A.4. ............
N/A ....................................
No .....................
51.166 (a)(7)(vi) .............
51.165(a)(2)(iv)
No .....................
51.166(w)(2)(i) ................
51.165(f)(2)(i)
Baseline Actual Emissions definition.
No .....................
51.166(b)(47) ..................
51.165(a)(1)(xxxv)
D–II.A.7. ............
Begin Actual Construction definition.
No .....................
51.166(b)(11) ..................
51.165(a)(1)(xv)
N/A ....................................
D–II.A.9. ............
Clean Coal Technology definition
No .....................
51.166(b)(33) ..................
51.165(a)(1)(xxiii)
N/A ....................................
D–II.A.10. ..........
Clean Coal Technology Demonstration Project definition.
No .....................
51.166(b)(34) ..................
51.165(a)(1)(xxiv)
N/A ....................................
D–II.A.11. ..........
Clean Unit definition ....................
No .....................
51.166(b)(41) ..................
51.165(a)(1)(xxix)
N/A ....................................
D–II.A.13. ..........
Construction definition .................
No .....................
51.166(b)(8) ....................
51.165(a)(1)(xxviii)
N/A ....................................
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No .....................
D–II.A.14. ..........
Emissions Unit definition
PSD/NSR purposes).
(for
No .....................
51.166(b)(7) ....................
51.165(a)(1)(vii)
N/A ....................................
D–II.A.15. ..........
Electric Utility Steam Generating
Unit definition.
No .....................
51.166(b)(30) ..................
51.165(a)(1)(xx)
N/A ....................................
D–II.A.17. ..........
High Terrain definition .................
No .....................
51.166(b)(25) ..................
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EPA is not taking action
provision at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
EPA is not taking action
definition at this time.
See footnote 1.
on this
on this
on this
on this
on this
on this
on this
on this
on this
on this
on this
1036
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
TABLE 1—Continued
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
N/A ....................................
D–II.A.18. ..........
Hydrocarbon Combustion Flare
definition.
N/A ....................................
D–II.A.20. ..........
N/A ....................................
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Comment
(if applicable, see footnote)
No .....................
51.166(b)(31)(iv) .............
51.165(a)(1)(xv)(D)
Low Terrain definition ..................
No .....................
51.166(b)(26) ..................
D–II.A.22. ..........
Major Emissions Unit definition ...
No .....................
51.166(w)(2)(iv) ..............
51.165(f)(2)(iv)
N/A ....................................
D–II.A.28. ..........
Nonattainment New Source Review definition.
No .....................
51.165(a)(1)(xxx) ............
N/A ....................................
D–II.A.29. ..........
PAL Effective Date definition .......
No .....................
51.166(w)(2)(vi) ..............
51.165(f)(2)(vi)
N/A ....................................
D–II.A.30. ..........
PAL Effective Period definition ....
No .....................
51.166(w)(2)(vii) .............
51.165(f)(2)(vii)
N/A ....................................
D–II.A.31. ..........
PAL Major Modification definition
No .....................
51.166(w)(2)(viii) ............
51.165(f)(2)(viii)
N/A ....................................
D–II.A.32. ..........
PAL Permit definition ...................
No .....................
51.166(w)(2)(ix) ..............
51.165(f)(2)(ix)
N/A ....................................
D–II.A.33. ..........
PAL Pollutant definition ...............
No .....................
51.166(w)(2)(x) ...............
51.165(f)(2)(x)
N/A ....................................
D–II.A.34. ..........
Plantwide Applicability Limitation
(PAL) definition.
No .....................
51.166(w)(2)(v) ...............
51.165(f)(2)(v)
NA .....................................
D–II.A.35. ..........
Pollution Control Project definition
No .....................
N/A ....................................
D–II.A.36. ..........
Prevention of Significant Deterioration Permit definition.
No .....................
51.166(b)(31) ..................
51.165(a)(1)(xxv)
51.166(b)(42) ..................
51.165(a)(1)(xli)
N/A ....................................
D–II.A.37. ..........
Project definition ..........................
No .....................
51.166(b)(51) ..................
51.165(a)(1)(xxxix)
N/A ....................................
D–II.A.38. ..........
Projected Actual Emissions definition.
No .....................
51.166(b)(40) ..................
51.165(a)(1)(xxviii)
N/A ....................................
D–II.A.39. ..........
Reactivation of Very Clean CoalFired EUSGU definition.
No .....................
51.166(b)(37) ..................
N/A ....................................
D–II.A.40. (except II.A.40.c).
D–II.A.41. ..........
Regulated NSR Pollutant definition.
Replacement Unit definition .........
Yes ....................
N/A ....................................
No .....................
51.166(b)(49) ..................
51.165(a)(1)(xxxvii)
51.166(b)(32) ..................
51.165(a)(1)(xxi)
N/A ....................................
D–II.A.42. ..........
Repowering definition ..................
No .....................
51.166(b)(36) ..................
N/A ....................................
D–II.A.45. ..........
D–II.A.46. ..........
Significant Emissions Increase
definition.
Significant Emissions Unit definition.
Yes ....................
N/A ....................................
51.166(b)(39) ..................
51.165(a)(1)(xxvii)
51.166(w)(2)(xi) ..............
51.165(f)(2)(xi)
N/A ....................................
D–II.A.47. ..........
Small Emissions Unit definition ...
No .....................
51.166(w)(2)(iii) ..............
51.165(a)(1)(iii)
N/A ....................................
D–II.A.48. ..........
Temporary Clean Coal Demonstration Project definition.
No .....................
51.166(b)(35) ..................
51.165(a)(1)(xxii)
N/A ....................................
D–XV. ...............
Clean Units ..................................
No .....................
51.166(t) and (u) ............
51.165(c) and (d)
N/A ....................................
tkelley on DSK3SPTVN1PROD with RULES
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
D–XVI. ..............
Pollution Control Projects ............
No .....................
51.166(v) ........................
51.165(e)
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is approving this definition.
See footnote 6.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is approving this definition.
See footnote 6.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
definition at this time.
See footnote 1.
EPA is not taking action on this
section at this time.
See footnote 1.
EPA is not taking action on this
section at this time.
See footnote 1.
EPA is not taking action on this
section at this time.
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.
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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
1037
TABLE 1—Continued
Provision location in
Colorado’s
current SIP Reg 3
(NA = not in current Colorado SIP)
N/A ....................................
Provision location in
Colorado’s 4/16/
2004 Reg 3 revision
D–XVII. .............
EPA is incorporating all or
part of revision
or addition into
the SIP 5
Provision description
Plantwide Applicability Limitations
No .....................
Equivalent provision in
40 CFR 51.165 and 40
CFR 51.166
51.166(w) .......................
51.165(f)
Comment
(if applicable, see footnote)
Colorado has revised D–XVII.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 not taking action on this provision with this rulemaking. Approval of the change to or addition of the provision is not a necessary prerequisite for
our action on the August 1, 2007 submittal, or the provision was not proposed for approval in our December 7, 2005 notice. We will take final action on this provision
in a subsequent action.
Footnote 2: We are approving this change of an existing Regulation No. 3 provision because the provision has only been renumbered, contains nonsubstantive
changes to the provision 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 provision and all subsections within this provision (unless otherwise noted) supersede and replace the prior numbered rule and subsections in Colorado’s federally approved SIP.
Footnote 3: We are approving the renumbering of this existing provision. We are not taking action on the language in the provision that has been modified in the
2005 submissions. All language that has been added to the existing provision is italicized in the submission, and all language that has been deleted from the existing
provision is underlined in the submission. We will address these additions and removals in subsequent actions.
Footnote 4: We are approving both the renumbering of the existing provision and the language in the provision that has been modified.
Footnote 5: We are approving the renumbering of the existing provision, and the modification of the provision to the extent that the term ‘‘regulated NSR pollutant’’
replaces the phrase ‘‘air pollutant regulated under the Federal Act’’ (or equivalent phrase), but not any other modification of the provision.
Footnote 6: We are approving the new provision.
Footnote 7: 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.
EPA is also approving portions of the
Regulation No. 3 revisions submitted to
EPA by the State on August 1, 2007 that
update the State’s PSD program to treat
nitrogen oxides as an ozone precursor in
accordance with the Phase 2
implementation rule for the 1997 8-hour
ozone NAAQS (70 FR 71612, November
29, 2005). Other portions of the
revisions submitted August 1, 2007 will
be acted upon separately. The portions
of the August 1, 2007 submission we are
approving with this action are set out in
the table below. As discussed above,
this approval allows us to also finalize
our concurrently proposed approval of
the Colorado Interstate Transport SIP
with respect to requirement (3) of
section 110(a)(2)(D)(i) for the 1997
ozone NAAQS.
TABLE 2
Provision location in Colorado’s 8/1/07 Reg 3 submission
Provision location in Colorado’s 7/11/05 and 10/25/05
submission
Description of provision—language adopted for
the 8/1/07 submission to conform to the Phase II
Ozone implementation rule is italicized.
Corresponding provision in
40 CFR 51.166
D–II.A.22.a ..............................
D–II.A.23.a .............................
51.166(b)(2)(ii)
D–II.A.24.d ..............................
D–II.A.25.d .............................
D–II.A.38.c ..............................
D–II.A.40.c .............................
D–II.A.42.a ..............................
D–II.A.44.a .............................
Significant emissions increase or net emissions
increase (at a major source) that is significant
for VOCs or NOX is significant for ozone.
Major source that is major for VOCs or NOX is
considered major for ozone.
(E.G. volatile organic compounds and oxides of
nitrogen are precursors for ozone).
Ozone: 40 tons per year of volatile organic compounds or NOX.
51.166(b)(1)(ii)
51.166(b)(49)(i)
51.166(b)(23)(i)
tkelley on DSK3SPTVN1PROD with RULES
The discrepancy in the numbering of
the provisions is the result of removal
of provisions in other SIP revisions
submitted between the 2005 and 2007
submissions. In this action, EPA is
treating the 2007 submission as revising
the provisions as numbered in the 2005
submission. When EPA acts on the
intervening submissions that changed
the numbering, the discrepancy will be
resolved.
V. Statutory and Executive Order
Review
5 When footnote 3 appears in the ‘‘comment’’
column for a provision which EPA is approving, we
are only incorporating the language in that
provision that was previously approved into the SIP
and subsequently renumbered for the July 11, 2005
and October 25, 2005 submissions. The modified
language for any such provision, which is italicized
for additions and underlined for removals in the
submissions, is not being addressed in this action
and will be addressed in a future action. Similarly,
when footnote 5 appears, we are only incorporating
the language in that provision that was previously
approved into the SIP and subsequently
renumbered for the July 11, 2005 and October 25,
2005 submissions, and the modification to the
extent that the term ‘‘regulated NSR pollutant’’
replaces the phrase ‘‘air pollutant regulated under
the Federal Act’’ (or equivalent phrase), and not any
other modified language.
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Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
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1038
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
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
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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 9, 2012.
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Dated: May 31, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.
Note: This document was received at the
Office of the Federal Register on January 3,
2012.
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)(120) to read as
follows:
■
§ 52.320
Identification of plan.
*
*
*
*
*
(c) * * *
(120) The State of Colorado submitted
revisions on October 25, 2005 and
August 1, 2007 to Colorado’s 5 CCR
1001–5 Regulation Number 3, Part D.
The October 25, 2005 submittal
included a renumbering of Regulation
PO 00000
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Number 3. The incorporation by
reference in paragraph (c)(120)(i)(A) on
this section reflects the renumbered
sections as of the October 25, 2005
submittal. Sections were removed from
Part D between the October 25, 2005
and August 1, 2007 submittal. The
incorporation by reference in paragraph
(c)(120)(i)(B) of this section reflects the
numbering of the sections as of the
August 1, 2007 submittal.
(i) Incorporation by reference.
(A) 5 CCR 1001–5, Regulation 3,
Stationary Source Permitting and Air
Pollutant Emission Notice
Requirements, Part D, Concerning Major
Stationary Source New Source Review
and Prevention of Significant
Deterioration, adopted April 16, 2004
and effective June 30, 2004:
(1) Section I, Applicability, Sections
I.A., General Applicability; I.A.1;
(2) Section II, Definitions,
(i) II.A;
(ii) II.A.1, Actual Emissions; II.A.1.a
(only the language that appears in plain
or underlined text and not the language
that appears as italicized text); II.A.1.b;
II.A.1.c; II.A.1.e;
(iii) II.A.3, Air Quality Related Value;
(iv) II.A.5, Baseline Area;
(v) II.A.6, Baseline Concentration;
(vi) II.A.8, Best Available Control
Technology (BACT) (the language that
appears in plain or underlined text but
not language that appears as italicized
text, with the following exception—EPA
is incorporating italicized text and is not
incorporating underlined text when the
combined effect of that action is to
replace the phrase ‘‘air pollutant
regulated under the Federal Act’’ (or an
equivalent phrase) with the term
‘‘regulated NSR pollutant’’);
(vii) II.A.12, Complete;
(viii) II.A.16, Federal Land Manager
(FLM);
(ix) II.A.19, Innovative Control
Technology;
(x) II.A.21, Lowest Achievable
Emission Rate (LAER); II.A.21.a;
II.A.21.b (only the language that appears
in plain or underlined text and not the
language that appears as italicized text);
(xi) II.A.23, Major Modification (the
language that appears in plain or
underlined text but not language that
appears as italicized text, with the
following exception—EPA is
incorporating italicized text and is not
incorporating underlined text when the
combined effect of that action is to
replace the phrase ‘‘air pollutant
regulated under the Federal Act’’ (or an
equivalent phrase) with the term
‘‘regulated NSR pollutant’’); II.A.23.b;
II.A.23.c; II.A.23.d; II.A.23.d(i);
II.A.23.d(ii); II.A.23.d(iv); II.A.23.d.(v);
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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
II.A.23.d.(vi); II.A.23.d.(vii);
II.A.23.d.(ix); II.A.23.f;
(xii) II.A.24, Major Source Baseline
Date;
(xiii) II.A.25, Major Stationary Source;
II.A.25.a; II.A.25.c; II.A.25.e; II.A.25.f;
(xiv) II.A.26, Minor Source Baseline
Date;
(xv) II.A.27, Net Emissions Increase;
II.A.27.a; (the language that appears in
plain or underlined text and the
addition of the italicized phrase ‘‘With
respect to any regulated NSR pollutant
emitted by any major stationary
source’’); II.A.27.a.(i) (only the language
that appears in plain or underlined text
and not the language that appears as
italicized text); II.A.27.a.(ii) (only the
language that appears in plain or
underlined text and not the language
that appears as italicized text); II.A.27.b
(only the language that appears in plain
or underlined text and not the language
that appears as italicized text); II.A.27.c;
II.A.27.c.(i); II.A.27.c(ii); II.A.27.c(iii);
II.A.27.d; II.A.27.e; II.A.27.f; II.A.27.g;
II.A.27.g.(i); II.A.27.g.(ii); II.A.27.g.(iii)
(only the language that appears in plain
or underlined text and not the language
that appears as italicized text);
II.A.27.g.(iv); II.A.27.h; II.A.27.j;
II.A.27.k, Creditable Decreases for Fuel
Switching;
(xvi) II.A.40, Regulated NSR
Pollutant; II.A.40.a; II.A.40.b; II.A.40.d;
II.A.40.e;
(xvii) II.A.43, Secondary Emissions
(only the language that appears in plain
or underlined text and not the language
that appears as italicized text);
(xviii) II.A.44, Significant; II.A.44.b;
II.A.44.c;
(xix) II.A.45, Significant Emissions
Increase;
(3) Section III, Permit Review
Procedures;
(4) Section IV, Public Comment
Requirements;
(5) Section V, Requirements
Applicable to Nonattainment Areas,
Sections V.A, Major Stationary Sources;
V.A.1; V.A.2; V.A.3; V.A.3.d; V.A.4;
V.A.5; V.A.6; V.A.7, Applicability of
Certain Nonattainment Area
Requirements; V.A.7.a; V.A.7.b; V.A.8,
Exemptions from certain nonattainment
area requirements;
(6) Section VI, Requirements
applicable to attainment and
unclassifiable areas and pollutants
implemented under section 110 of the
Federal Act (Prevention of Significant
Deterioration Program), Sections VI.A,
Major Stationary Sources and Major
Modifications; VI.A.1, Control
Technology Review; VI.A.1.a; VI.A.1.b;
VI.A.1.c (only the language that appears
in plain or underlined text and not the
language that appears as italicized text);
VerDate Mar<15>2010
16:19 Jan 06, 2012
Jkt 226001
VI.A.2, Source Impact Analysis; VI.A.3,
Pre-construction Monitoring and
Analysis; VI.A.4, Post-Construction
Monitoring; VI.A.5, Operation of
Monitoring Stations; VI.A.6, Additional
Impact Analysis (only the language that
appears in plain or underlined text and
not the language that appears as
italicized text); VI.B, Applicability of
Certain PSD Requirements; VI.B.1
through VI.B.4; VI.B.7; VI.C, Notice to
the U.S. EPA; VI.D, Major Stationary
Sources in attainment areas affecting
nonattainment areas;
(7) Section VII, Negligibly Reactive
Volatile Organic Compounds (NRVOCs);
(8) Section VIII, Area Classifications,
Sections VIII.A; VIII.C; VIII.D;
(9) Section IX, Redesignation;
(10) Section X, Air Quality
Limitations, Sections X.A, Ambient Air
Increments; X.A.1, X.A.2; X.A.3; X.A.4,
Periodic Review;
(11) Section XI, Exclusions From
Increment Consumption;
(12) Section XII, Innovative Control
Technology;
(13) Section XIII, Federal Class I
Areas; adopted April 16, 2004 and
effective June 30, 2004.
(B) Regulation 3, Stationary Source
Permitting and Air Pollutant Emission
Notice Requirements, Part D,
Concerning Major Stationary Source
New Source Review and Prevention of
Significant Deterioration, Section II,
Definitions; Sections II.A; II.A.22.a;
II.A.24.d; II.A.38.c; II.A.42.a; adopted
August 17, 2006 and effective October
30, 2006.
3. Section 52.352 is revised to read as
follows:
■
§ 52.352
Interstate transport.
(a) Addition to the Colorado State
Implementation Plan of the Colorado
Interstate Transport regarding the 1997
8-Hour Ozone Standard for the
‘‘significant contribution,’’ the
‘‘interference with maintenance’’
requirements, and the addition of
‘‘interference with visibility protection’’
requirements regarding the 1997 8-Hour
Ozone and PM2.5 Standards, submitted
by the Governor’s designee on June 18,
2009 and March 31, 2010.
(b) Addition to the Colorado State
Implementation Plan of the Colorado
Interstate Transport SIP regarding the
1997 8-Hour Ozone and 1997 PM2.5
Standards for the ‘‘interference with
prevention of significant deterioration’’
requirement, and the addition of the
‘‘significant contribution’’ and
‘‘interference with maintenance’’
requirements regarding the 1997 PM2.5
PO 00000
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1039
Standards, submitted by the Governor’s
designee on March 31, 2010.
[FR Doc. 2012–70 Filed 1–6–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 10–191; Report No. 2939]
Internet-Based Telecommunications
Relay Service Numbering
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding concerning rules that govern
access to toll-free numbers by users of
Internet-based Telecommunications
Relay Services (iTRS).
DATES: Oppositions to the Petition must
be filed by January 24, 2012. Replies to
an opposition must be filed February 3,
2012.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Heather Hendrickson, Wireline
Competition Bureau, (202) 418–1580.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 2939, released
December 23, 2011. The full text of this
document is available for viewing and
copying in Room CY–B402, 445 12th
Street, SW., Washington, DC or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
(BCPI) (1–(800) 378–3160). The
Commission will not send a copy of this
Notice pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A),
because this Notice does not have an
impact on any rules of particular
applicability.
Subject: Internet-Based
Telecommunications Relay Service
Numbering, published at 76 FR 59551,
September 27, 2011, in WC Docket No.
10–191, and published pursuant to 47
CFR 1.429(e). See 1.4(b)(1) of the
Commission’s rules (47 CFR 1.4(b)(1)).
Number of Petitions Filed: 1.
SUMMARY:
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
the Managing Director.
[FR Doc. 2012–72 Filed 1–6–12; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\09JAR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1027-1039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-70]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1037; FRL-9506-8]
Approval and Promulgation of State Implementation Plans; State of
Colorado; Interstate Transport of Pollution Revisions for the 1997
PM2.5 and 8-Hour Ozone NAAQS: ``Significant Contribution,''
``Interference With Maintenance,'' and ``Interference With Prevention
of Significant Deterioration'' Requirements; Revisions to Regulation
No. 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving portions of a State Implementation Plan (SIP)
revision submitted by the State of Colorado for the purpose of
addressing the ``good neighbor'' provisions of Clean Air Act (``Act''
or ``CAA'') section 110(a)(2)(D)(i) for the 1997 8-hour ozone National
Ambient Air Quality Standards (``NAAQS'' or ``standards'') and the 1997
fine particulate matter (``PM2.5'') NAAQS. This SIP revision
addresses the requirement that the State of Colorado's SIP
(``Interstate Transport SIP'') have adequate provisions to prohibit air
emissions from adversely affecting another state's air quality through
interstate transport. In this action, EPA is approving the Colorado
Interstate Transport SIP provisions that address the requirement of
section 110(a)(2)(D)(i) that emissions from Colorado sources do not
significantly contribute to nonattainment of the 1997 PM2.5
NAAQS in any other state, interfere with maintenance of the 1997
PM2.5 NAAQS by any other state, or interfere with any other
state's required measures to prevent significant deterioration of air
quality for the 1997 PM2.5 and 8-hour ozone NAAQS. EPA is
[[Page 1028]]
also approving certain revisions to Colorado Regulation No. 3 submitted
by the State of Colorado in separate prior submissions. This action is
being taken under section 110 of the CAA.
DATES: Effective Date: This final rule is effective February 8, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1037. Documents related to EPA's December 7, 2005
proposed approval of changes to Colorado Regulation No. 3 (70 FR 72744)
can be found in a docket under Docket ID No. R08-OAR-2005-CO-0003. All
documents in the dockets are listed on the www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
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 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
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 Colorado and State mean the State of Colorado.
Table of Contents
I . Background
II. Response to Comments
III. Section 110(l)
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
Colorado Interstate Transport SIP for the 1997 8-hour Ozone and PM2.5
NAAQS
On July 18, 1997, EPA promulgated new NAAQS for ozone and for
PM2.5. Section 110(a)(1) of the CAA requires states to
submit SIPs to address a new or revised NAAQS within 3 years after
promulgation of such standards, or within such shorter period as EPA
may prescribe. Section 110(a)(2) lists the elements that such new SIPs
must address, as applicable, including section 110(a)(2)(D)(i), which
pertains to interstate transport of certain emissions. On August 15,
2006, EPA issued its ``Guidance for State Implementation Plan (SIP)
Submissions to Meet Current Outstanding Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards'' (``2006 Guidance'').\1\ The 2006
Guidance recommends ways states may, in their submissions, meet the
requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone and
PM2.5 standards.
---------------------------------------------------------------------------
\1\ Memorandum from William T. Harnett entitled, ``Guidance for
State Implementation Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
Ozone and PM2.5 National Ambient Air Quality Standards''
(Aug. 15, 2006).
---------------------------------------------------------------------------
As identified in the 2006 Guidance, the ``good neighbor''
provisions in section 110(a)(2)(D)(i) require each state to submit a
SIP that prohibits emissions that adversely affect another state in the
ways contemplated in the statute. Section 110(a)(2)(D)(i) identifies
four distinct requirements related to the impacts of interstate
transport. The SIP must prevent sources in the state from emitting
pollutants in amounts which will: (1) Contribute significantly to
nonattainment of the NAAQS in any other state; (2) interfere with
maintenance of the NAAQS by any other state; (3) interfere with
required measures to prevent significant deterioration of air quality
in any other state; or (4) interfere with efforts to protect visibility
in any other state. Requirements (1) and (2) are found under
110(a)(2)(D)(i)(I), and requirements (3) and (4) are found under
110(a)(2)(D)(i)(II).
On June 11, 2008, the State of Colorado submitted to EPA an
Interstate Transport SIP addressing all four requirements of CAA
section 110(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5
NAAQS. In response to EPA's concerns regarding the June 11, 2008
submission, the State later submitted two superseding interstate
transport SIP revisions: (a) a June 18, 2009 submission addressing
requirements (1) and (2) of section 110(a)(2)(D)(i) for the 1997 8-hour
ozone NAAQS; and (b) a March 31, 2010 submission addressing
requirements (3) and (4) for the 1997 8-hour ozone NAAQS and
requirements (1) through (4) for the 1997 PM2.5 NAAQS. EPA
approved Colorado's Interstate Transport SIP with respect to the
``significant contribution to nonattainment'' and the ``interfere with
maintenance'' requirements for the 1997 8-hour ozone NAAQS in final
rule actions published June 3 and November 22, 2010 (75 FR 31306; 75 FR
71029). EPA approved Colorado's Interstate Transport SIP with respect
to the ``interfere with visibility'' requirement for the 1997 8-hour
ozone and PM2.5 NAAQS on April 20, 2011 (76 FR 22036).
After those actions, the pending portions of Colorado's Interstate
Transport SIP are those that address requirements (1), (2), and (3) for
the 1997 PM2.5 NAAQS and requirement (3) for the 1997 8-hour
ozone NAAQS. On April 19, 2011, EPA published a notice of proposed
rulemaking (NPR) for the State of Colorado (76 FR 21835) to act on the
pending portions. Specifically, in the NPR EPA proposed approval of the
language and demonstration of the March 31, 2010 submission that
addresses three requirements of section 110(a)(2)(D)(i) with respect to
the 1997 PM2.5 NAAQS: (1) Prohibition of significant
contribution to nonattainment of the NAAQS in any other state, (2)
prohibition of interference with maintenance of the NAAQS by any other
state, and (3) prohibition of interference with other states' required
measures to prevent significant deterioration of air quality. EPA is
also approving the language and demonstration that addresses
requirement (3) of section 110(a)(2)(D)(i)--prohibition of interference
with other states' required measures to prevent significant
deterioration of air quality--with respect to the 1997 8-hour ozone
NAAQS.
Colorado Regulation No. 3, Part D: New Source Review and Prevention of
Significant Deterioration (PSD)
The 2006 Guidance states that the interference with PSD requirement
of section 110(a)(2)(D)(i)(II) may be met by the State's confirmation
in a SIP submission that new major sources and major modifications in
the State are subject to PSD and (if the State contains a nonattainment
area for the relevant
[[Page 1029]]
pollutant) Nonattainment New Source Review (NNSR) programs that
implement the relevant standards according to current requirements.\2\
Colorado's SIP-approved PSD and NNSR programs are contained in Colorado
Regulation No. 3.
---------------------------------------------------------------------------
\2\ 2006 Guidance at 6.
---------------------------------------------------------------------------
The State of Colorado submitted revisions to Colorado Regulation
No. 3 on July 11, 2005, and submitted a supplement to those revisions
on October 25, 2005, in response to EPA's concerns. The two submissions
reorganized Regulation No. 3 by moving much of the previously approved
language from other sections of Regulation 3 into the newly created
Part D. The submissions then incorporated EPA's December 31, 2002 NSR
Reform rule (67 FR 80186) into Part D, applying the reforms to both the
State's PSD and NNSR programs. In its submissions, Colorado
distinguished the revised language that incorporated NSR Reform from
the language for the existing PSD and NSR programs (as reorganized into
part D) by italicizing language that was to be added to the existing
programs and by underlining language that was to be removed from the
existing programs. Colorado's submission indicated that the addition of
the italicized language and removal of the underlined language was to
become effective only after EPA approved those changes into Colorado's
SIP. EPA proposed approval of the October 25, 2005 submission on
December 7, 2005 (70 FR 72744).\3\ EPA's proposed approval received
extensive comments, and EPA has not yet finalized it.
---------------------------------------------------------------------------
\3\ The December 7, 2005 proposed approval and all supporting
documentation, including both the July 11, 2005 and October 25, 2005
submissions can be found in docket R08-OAR-2005-CO-0003-FRL-8005-6.
---------------------------------------------------------------------------
On August 1, 2007, the State submitted to EPA revisions to
Regulation No. 3. These revisions (among other things) updated the
State's PSD and NNSR programs to meet the requirements of EPA's Phase 2
implementation rule for the 1997 8-hour ozone NAAQS (``Phase 2 Rule'')
(70 FR 71612, Nov. 29, 2005). In the April 19, 2011 NPR (76 FR 21835)
for today's action, EPA proposed approval of portions of the August 1,
2007 submission, specifically the portions that implement the Phase 2
rule by treating nitrogen oxides as an ozone precursor. Because these
portions are in part D of Regulation No. 3, which was created by the
July 11, 2005 and the October 25, 2005 submissions, the August 1, 2007
revisions depend on those earlier submissions. Specifically, the August
1, 2007 revisions depend on the following parts: The reorganization of
the existing PSD and NNSR programs into part D of Regulation No. 3, the
introduction of the term ``regulated NSR pollutant,'' and the
associated replacement in existing portions of the PSD and NNSR program
of the regulatory phrase ``air pollutant subject to regulation under
the Act'' with the term ``regulated NSR pollutant.'' As explained in
greater detail in section IV below, in this action we also finalize the
December 7, 2005 proposed approval of these portions of the July 11,
2005 and October 25, 2005 submissions.
Finally, the NPR included language explaining that EPA would
approve the State's 110(a)(2)(D)(i) submission for the PSD requirement
in its entirety for both NAAQS if the State submitted a letter
clarifying that its Interstate Transport SIP submission should be read
to rely only on the portion of Colorado's PSD program that remains
approved after the PSD SIP Narrowing Rule (75 FR 82536, Dec. 30, 2010)
took effect. The State submitted to EPA a letter making this
clarification on May 10, 2011.\4\
---------------------------------------------------------------------------
\4\ This letter is available for view in the docket for this
action.
---------------------------------------------------------------------------
II. Response to Comments
EPA received no comments on its April 19, 2011 proposed approval of
portions of Colorado's Interstate Transport SIP and of portions of
Colorado's August 1, 2007 submission addressing requirements of the
Phase 2 Rule. EPA did receive comments on the December 7, 2005 proposal
to approve Colorado's July 11, 2005 and October 25, 2005 submissions.
EPA does not consider any of these comments applicable to the portions
of the December 7, 2005 proposal we are finalizing with today's action.
However, to the extent that some comments could be understood to apply
to the portions we are approving with this action, EPA addresses these
particular comments below. These comments fell into three categories:
(1) Comments that argued that approval would violate the requirements
of section 110(l) of the Act; (2) comments that argued that approval
would violate the requirements of section 193 of the Act; and (3)
comments that generally (without a specific legal basis) opposed
approval.
First, with regards to section 110(l), the only substantive change
to Colorado's PSD and NNSR programs in the submissions that EPA
approves today is the addition of the defined term ``regulated NSR
pollutant'' and the use of that term in place of the previous
regulatory phrase, ``air pollutant subject to regulation under the
Federal Act.'' As noted in the preamble to the NSR Reform rules, (67 FR
at 80239-40), the effect of introducing the term ``regulated NSR
pollutant'' was to exclude from the PSD program hazardous air
pollutants (HAPS) listed under section 112 of the Act, except for HAPS
that are a constituent or precursor of a more general pollutant
regulated under section 108 of the Act. EPA explained that this change
clarified which pollutants are covered under the PSD program and
responded to the addition of section 112(b)(6) in the 1990 Clean Air
Act Amendments.
Section 110(l) provides in relevant part: ``The Administrator shall
not approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable further
progress * * *, or any other applicable requirement of [the Act].'' The
exclusion of HAPS from the PSD program to the extent described above
does not affect any applicable requirement concerning attainment and
reasonable further progress, as those requirements are specific to
criteria pollutants and their precursors. Furthermore, the exclusion
does not interfere with any other applicable requirement; in fact, it
implements the requirement of section 112(b)(6) of the Act. Finally,
this revision does not relax any applicable requirements, and is merely
a clarification of the applicability of the PSD program. Therefore,
approval of the specified portions of the October 25, 2005 submission
does not violate section 110(l).
Similarly, approval of these portions does not violate section 193
of the Act. Section 193 prohibits modification after November 15, 1990
of any ``control requirement in effect, or required to be adopted by an
order, settlement agreement or plan in effect before November 15, 1990,
in any area which is a nonattainment area for any air pollutant * * *
unless the modification insures equivalent or greater emission
reductions of such air pollutant.'' As the introduction of the term
``regulated NSR pollutant'' leaves unchanged control requirements for
criteria pollutants, the portions of the July 11, 2005 and October 25,
2005 submissions approved in this action do not violate the prohibition
of section 193. Finally, in response to comments that generally
(without a specific legal basis) opposed EPA's proposed approval of the
July 11, 2005 and October 25, 2005 submissions, EPA notes that section
110(k)(3) requires us to approve SIP submissions that meet all of the
applicable requirements of the Act. Although we
[[Page 1030]]
acknowledge the opposition to our approval of the 2005 submissions, the
comments do not provide a basis for us to act otherwise.
III. Section 110(l)
Section 110(l) of the CAA prohibits EPA from approving a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. As explained in section II above, EPA's approval of specific
portions of the July 11, 2005 and October 25, 2005 submissions revising
Regulation No. 3 does not violate section 110(l). EPA's approval of the
Interstate Transport SIP also does not violate section 110(l), as the
Interstate Transport SIP does not revise or remove any existing
emissions limitation for any NAAQS, or any other existing substantive
SIP provision relevant to the 1997 8-hour ozone or PM2.5
NAAQS. Finally, the portions of the August 1, 2007 submission acted on
here, in treating NOX as a precursor to ozone, make the
Colorado SIP more stringent; EPA's approval of these portions therefore
does not violate section 110(l).
IV. Final Action
EPA is approving portions of the Colorado Interstate Transport SIP
revisions submitted by the State on March 31, 2010. Specifically, in
this action EPA is approving the language and demonstration of the
March 31, 2010 submission that addresses three requirements of section
110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS: (1)
Prohibition of significant contribution to nonattainment of the NAAQS
in any other state, (2) prohibition of interference with maintenance of
the NAAQS by any other state, and (3) prohibition of interference with
other states' required measures to prevent significant deterioration of
air quality. EPA is also approving the language and demonstration that
addresses requirement (3) of section 110(a)(2)(D)(i)--prohibition of
interference with other states' required measures to prevent
significant deterioration of air quality--with respect to the 1997 8-
hour ozone NAAQS. The reasons for this action are detailed in our
notice proposing approval of the portions of the March 31, 2010
submission for these requirements (76 FR 21835). In brief, our analysis
of the weight of evidence indicated that emissions from Colorado do not
have the impacts prohibited by the requirements (1) and (2) with
respect to the 1997 PM2.5 NAAQS. In addition, we noted that
a clarification by Colorado of its interpretation of EPA's interim
guidance on use of PM10 as a surrogate for PM2.5
allowed us to propose approval of Colorado's Interstate Transport SIP
with regards to requirement (3) for the 1997 PM2.5 NAAQS.
Finally, we explained that concurrent approval of the portions of the
August 1, 2007 submittal (finalized below) implementing the Phase 2
Rule would allow us to approve the Interstate Transport SIP with
regards to requirement (3) for the 1997 ozone NAAQS.
EPA is also approving certain revisions to Colorado's PSD and NNSR
programs in this action. These revisions were submitted by the State on
July 11, 2005 and October 25, 2005, and proposed for approval by EPA on
December 7, 2005 (70 FR 72744); in part, the revisions reorganize the
previously approved PSD and NNSR programs in Regulation 3 into Part D.
With the exception of the provisions submitted in 2007 that implement
the requirements of the Phase 2 Rule (listed in Table 2.) and that
supersede the 2005 submittals, we are approving the following
provisions from the 2005 submittals. We are generally approving the
text in Part D that is plain or (except as described below) underlined;
this language reflects the reorganization of the PSD and NNSR programs
into Part D. EPA is also approving portions of Regulation 3 Part D that
were added or revised by the State in response to EPA's December 31,
2002 NSR Reform rule and that were included in the July 11, 2005 and
October 25, 2005 submissions. These particular portions were also
proposed for approval in the December 7, 2005 NPR (70 FR 72744).
Specifically, these portions are: (1) The addition of the term
``regulated NSR pollutant'' in italicized text (including when used in
the phrase ``With respect to any regulated NSR pollutant emitted by any
major stationary source''); and (2) the addition of italicized text and
removal of underlined text that reflects the replacement of the term
``air pollutant subject to regulation under the Federal Act'' (or an
equivalent phrase) with ``regulated NSR pollutant.''
Table 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA is incorporating
Provision location in Colorado's Provision location all or part of Equivalent provision Comment (if applicable,
current SIP Reg 3 (NA = not in in Colorado's 4/16/ Provision description revision or addition in 40 CFR 51.165 and see footnote)
current Colorado SIP) 2004 Reg 3 revision into the SIP \5\ 40 CFR 51.166
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1.......................... D-II.A.1............ Actual emissions Yes................. 51.166(b)(21)....... Note the reference in
definition. 51.165(a)(1)(xii)... 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.
See footnote 5.
A-I.B.7.......................... D-II.A.3............ Air Quality Related Value Yes................. NA.................. EPA is approving this
definition. definition.
See footnote 2.
A-I.B.8.......................... A-I.B.7............. Allowable Emissions No.................. 51.166(b)(16)....... See footnote 1.
definition. 51.165(a)(1)(xi)....
A-I.B.10......................... D-II.A.5............ Baseline Area definition. Yes................. 51.166(b)(15)....... EPA is approving this
definition.
See footnote 2.
A-I.B.11......................... D-II.A.6............ Baseline Concentration Yes................. 51.166(b)(13)....... EPA is approving this
definition. definition.
See footnote 2.
A-I.B.12......................... D-II.A.8............ Best Available Control Yes................. 51.166(b)(12)....... EPA is approving this
Technology definition. 51.165(a)(1)(xl).... definition.
See footnote 4.
A-I.B.15......................... D-II.A.12........... Complete definition (for Yes................. 51.166(b)(22)....... EPA is approving this
PSD/NSR purposes). 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.
[[Page 1031]]
A-I.B.21......................... D-II.A.16........... Federal Land Manager Yes................. 51.166(b)(24)....... EPA is approving this
definition. 51.165(a)(1)(xlii).. definition.
See footnote 2.
A-I.B.31......................... D-II.A.19........... Innovative Control Yes................. 51.166(b)(19)....... EPA is approving this
Technology definition. definition.
See footnote 2.
A-I.B.32......................... D-II.A.21........... Lowest Achievable Yes................. 51.166(b)(52)....... EPA is approving the
Emission Rate definition. 51.165(a)(1)(xiii).. renumbering of this
definition.
See footnote 3.
A-I.B.33......................... D-II.A.24........... Major Source Baseline Yes................. 51.166(b)(14)(i).... EPA is approving this
Date definition. definition.
See footnote 2.
A-I.B.34......................... D-II.A.26........... Minor Source Baseline Yes................. 51.166(b)(14)(ii)... EPA is approving this
Date definition. definition.
See footnote 2.
A-I.B.35.b....................... D-II.A.23. (except Major Modification Yes, except as noted 51.166(b)(2)........ EPA is approving the
II.A.23.a, definition. below. 51.165(a)(1)(v)..... renumbering of all of
d(iii),(viii),(x), II.23 (except sections
(xi), and (e)--see D-II.A.23.d.(viii),
below). (x), and (xi)), and, in
II.A.23, prior to
subsection II.A.23.a,
the replacement of the
term ``air pollutant
subject to regulation
under the Federal Act
or the State Act'' with
the term ``regulated
NSR pollutant.''
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 Footnote 5.
N/A.............................. D-II.A.23.d.(iii)... Use of an alternative No.................. 51.166(b)(2)(iii)(d) EPA is not taking action
fuel at a steam 51.165(a)(1)(v)(C)(4 on this section at this
generating unit. )(iv). time.
(part of Major See footnote 1.
Modification definition).
N/A.............................. D-II.A.23.d(viii)... Addition replacement or No.................. 51.166(b)(2)(iii)(h) EPA is not taking action
use of a PCP * * *. 51.165(a)(1)(v)(C)(8 on this section at this
(part of Major ). time.
Modification definition). See footnote 1.
N/A.............................. D-II.A.23.d(x)...... The installation or No, as noted........ 51.166(b)(2)(j)..... EPA is not taking action
operation of a permanent on this section at this
clean coal technology time.
demonstration project See footnotes 1 and 7.
that constitutes
repowering* * *.
(part of Major
Modification definition).
N/A.............................. D-II.A.23.d(xi)..... The reactivation of a No, as noted........ 51.166(b)(2)(k)..... EPA is not taking action
very clean coal fired on this section at this
electric utility steam time.
generating unit. See footnotes 1 and 7.
(part of Major
Modification definition).
N/A.............................. D-II.A.23.e......... This definition shall not No.................. 51.166(b)(2)(iv).... EPA is not taking action
apply * * * for a PAL. 51.165(a)(1)(v)(D).. on this section at this
(part of Major time.
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-I.B.36......................... D-II.A.27. (except Net Emissions Increase Yes, except as noted 51.166(b)(3)........ Colorado has added
II.A.27.c.(iv) and definition. below. 51.165(a)(1)(vi).... additional language at
II.A.27.g.(v)). II.A.27.c.(iii), and
II.A.27.g.(i)
EPA is approving the
renumbering of this
provision and the
addition of the phrase
``With respect to any
regulated NSR pollutant
emitted by a major
stationary source,'' in
II.A.27.a.
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 footnote 5.
N/A.............................. D-II.A.27.c.(iv).... Net emissions increase at No.................. 51.166(b)(3)(iii)(c) EPA is not taking action
a clean unit. 51.165(a)(1)(vi)(C)( on this part of the
(part of Net Emissions 3). definition at this
Increase definition). time.
[[Page 1032]]
N/A.............................. D-II.A.27.g.(v)..... Net emissions increase at No.................. 51.166(b)(3)(vi)(d). EPA is not taking action
a clean unit and 51.165(a)(1)(vi)(E)( on this part of the
pollution control 5). definition at this
project. time.
(part of Net Emissions
Increase definition).
A-I.B.44......................... A-I.B.35............ Potential to Emit No.................. 51.166(b)(4)........ EPA is not taking action
definition. 51.165(a)(1)(iii)... on this definition.
See footnote 1.
A-I.B.55......................... D-II.A.43........... Secondary Emissions Yes................. 51.166.(b)(18)...... EPA is approving the
definition. 51.165(a)(1)(viii).. renumbering of this
definition.
See footnote 3.
A-I.B.57......................... D-II.A.44. (except Significant definition... Yes................. 51.166.(b)(23)...... EPA is approving this
II.A.44.a). 51.165(a)(1)(x)..... definition.
See footnote 2.
A-I.B.58. Major Stationary Source D-II.A.25........... Major Stationary Source Yes, except as noted 51.166(b)(1)(i)..... EPA is approving this
definition below. 51.165(a)(1)(iv).... definition except for
(introductory). 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)( EPA is not taking
determining whether a 1). action, at this time,
source in a on this part of the
nonattainment area is definition.
subject * * *. Provision A-I.B.58.a. in
(part of Major Stationary the current codified
Source definition). SIP remains in effect
as part of the
definition of Major
Stationary Source.
See footnote 1.
A-I.B.58.b....................... D-II.A.25.a......... For the purpose of Yes................. 51.166(b)(1)(i)(a).. EPA is approving this
determining whether a definition.
source in an attainment See footnote 2.
or 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 approving this
includes any physical 51.165(a)(1)(iv)(A)( definition.
change that would occur 2). See footnote 2.
at a stationary source.
(part of Major Stationary
Source definition).
A-I.B.58.d....................... D-II.A.25.d......... A major stationary source No.................. 51.166(b)(1)(ii).... EPA is not approving
that is major for 51.165(a)(1)(iv)(B). this definition.
volatile organic See footnote 1.
compounds shall be
considered major * * *.
(part of Major Stationary
Source definition).
A-I.B.58.f....................... D-II.A.25.e......... The fugitive emissions of Yes................. 51.166(b)(1)(iii)... EPA is approving this
a stationary source 51.165(a)(1)(iv)(C). definition.
shall not be included. See footnote 2.
(part of Major Stationary
Source definition).
A-I.B.58.e....................... D-II.A.25.f......... Emissions caused by Yes................. NA.................. EPA is approving this
indirect air pollution definition.
sources. The reference in this
(part of Major Stationary definition to ``I.B.22.
Source definition). of Part A'' is at 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 No.................. NA.................. EPA is not acting on
in the Denver Metro PM10 this definition in this
* * *. action. This definition
(part of Major Stationary was not included in
Source definition). Colorado's October 25,
2005 submission of
Regulation No. 3, and
was therefore proposed
for approval
erroneously in EPA's
December 7, 2005
proposed approval.
See footnote 1.
N/A.............................. D-III............... Permit Review Procedures. Yes................. NA.................. EPA is approving this
section.
See footnote 6.
N/A.............................. D-III.A............. Major Stationary Sources Yes................. NA.................. EPA is approving this
must apply for CP or OP. section.
See footnote 6.
B-IV.B.5......................... D-III.B............. Process PSD applications Yes................. NA.................. EPA is approving this
w/in 12 months. section.
See footnote 2.
N/A.............................. D-IV................ Public Comment Yes................. 51.166(q)........... EPA is approving this
Requirements. section.
See footnote 6.
N/A.............................. D-IV.A.............. Public Notice............ Yes................. 51.166(q)........... Copied from Part B,
IV.C.4. of current
codified SIP.
EPA is approving 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 6.
[[Page 1033]]
B-IV.C.4.--from ``For sources D-IV.A.1............ Public notice of NSR and Yes................. 51.166(q)(ii) and EPA is approving this
subject to the provisions of PSD permit applications. (iv). 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(q)(iii)...... EPA is approving this
applications * * * section.
(request comment on). See footnote 2.
B-IV.C.5......................... D-IV.A.3............ Within 15 days after Yes................. NA.................. EPA is approving this
prepare PA. section.
See footnote 2.
B-IV.C.6......................... D-IV.A.4............ Hearing request for Yes................. NA.................. EPA is approving this
innovative control. section.
See footnote 2.
B-IV.C.7......................... D-IV.A.5............ Hearing request Yes................. NA.................. EPA is approving this
transmitted to section.
commission. See footnote 2.
B-IV.C.8......................... D-IV.A.6............ Commission shall hold Yes................. 51.166(q)(v)........ EPA is approving this
public comment hearing. section.
See footnote 2.
B-IV.C.9......................... D-IV.A.7............ 15 days after division Yes................. 51.166(q)(viii)..... EPA is approving this
makes final decision on section.
application. See footnote 2.
B-IV.D.2......................... D-V................. Requirements Applicable Yes................. NA.................. EPA is approving this
to Non-attainment Areas section.
(Introductory). See footnote 2.
B-IV.D.2.a....................... D-V.A............... Major Stationary Sources. Yes................. 51.165, Appx. EPA is approving this
S.IV.A.. 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 3.. Major Stationary Sources. Yes................. 51.165, Appx. EPA is approving this
S.IV.A.. section.
Conditions 1-4...... 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. EPA is approving this
from outside S.IV.D.. section.
nonattainment area. See footnote 2.
B-IV.D.2.a.(iv).................. D-V.A.4............. The permit application Yes................. 51.165, Appx. EPA is approving this
shall include an S.IV.D.. section.
analysis of alternative See footnote 2.
sites * * *.
B-IV.D.2.a.(v)................... D-V.A.5............. Offsets for which Yes................. 51.165, Appx. S.V.A. EPA is approving this
emission reduction section.
credit is taken * * *. See footnote 2.
B-IV.D.2.a.(vi).................. D-V.A.6............. The applicant will Yes................. NA.................. EPA is approving this
demonstrate that section.
emissions from the See footnote 2.
proposed source will not
adversely impact
visibility * * *.
B-IV.D.2.b....................... D-V.A.7............. Applicability of Certain Yes................. NA.................. EPA is approving this
Nonattainment Area section.
Requirements. See footnote 2.
B-IV.D.2.b.(i)................... D-V.A.7.a........... Any major stationary Yes................. NA.................. EPA is approving this
source in a section.
nonattainment area * * *. See footnote 2.
B-IV.D.2.b.(ii).................. D-V.A.7.b........... The requirements of Yes................. 51.165(a)(5)(ii).... EPA is approving this
section V.A. shall apply section.
at such time that any See footnote 2.
stationary source * * *.
N/A.............................. D-V.A.7.c........... The following provisions No.................. 51.165(a)(6)........ EPA is not taking action
apply to projects at on this provision at
existing emissions units this time.
* * * (``Reasonable See footnote 1.
possibility'' provisions
in nonattainment areas).
(part of Applicability of
Certain Nonattainment
