Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to New Source Review Rules, 5140-5143 [2013-00579]
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations
periods and any changes through
broadcast notice to mariners.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry
into or passage through a safety zone
must request permission from the
Captain of the Port Pittsburgh or a
designated representative. They may be
contacted on VHF–FM Channel 13 or
16, or through Coast Guard Sector Ohio
Valley at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Dated: January 8, 2013.
Lindsay N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port, Pittsburgh.
[FR Doc. 2013–01412 Filed 1–23–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R08–OAR–2011–1025, FRL–9762–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to New Source
Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve revisions adopted by the State
of Colorado on December 15, 2005, to
Regulation No. 3 (Air Pollutant
Emission Notice and Permitting
Requirements). Colorado submitted the
request for approval of these rule
revisions into the State Implementation
Plan (SIP) on August 21, 2006. The
revisions remove repealed provisions in
Regulation No. 3 that pertain to the
issuance of Colorado air quality permits;
the revisions also implement other
minor administrative changes and
renumbering. The intended effect of this
action is to take final action to approve
the rules that are consistent with the
Clean Air Act (CAA.) This action is
being taken under section 110 of the
CAA.
DATES: This final rule is effective
February 25, 2013.
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–1025. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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 you contact
the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background Information
II. Response to Comments
III. What are the changes EPA is taking final
action to approve?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
I. Background Information
On December 31, 2002, EPA
published revisions to the federal
Prevention of Significant Deterioration
(PSD) and non-attainment NSR
regulations. These revisions are
commonly referred to as ‘‘NSR Reform’’
and became effective nationally in areas
not covered by a SIP on March 3, 2003.
The NSR Reform revisions included
provisions for baseline emissions
determinations, actual-to-future actual
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methodology, plantwide applicability
limits (PALs), clean units, and pollution
control projects (PCPs). On June 24,
2005, the United States Court of
Appeals for the District of Columbia
Circuit issued its decision and opinion
in the case of New York v. U. S.
Environmental Protection Agency, 413
F.3d 3 (D.C. Cir. 2005). The court
concluded that, regarding the clean unit
exemption from NSR, the plain language
of the Clean Air Act indicated that
Congress intended to apply NSR to
changes that increase actual emissions
instead of potential or allowable
emissions. As a result, the court vacated
the clean units portions of the Federal
Rule. The court also concluded that EPA
lacks the authority to create pollution
control project exemptions from NSR
and vacated the PCP portions of both
the 1992 WEPCO Rule and the 2002
NSR Reform rule. By vacating those
portions of the Federal NSR rule, the
court terminated those exemptions to
new source review. The court also
remanded back to EPA the ‘‘reasonable
possibility’’ standard for when a source
must keep certain project related
records.
The State of Colorado submitted a
formal SIP revision on July 11, 2005,
followed by a supplemental submittal
on October 25, 2005. These submittals
requested approval for regulations to
implement the NSR Reform provisions
that were not vacated or remanded by
the June 24, 2005 court decision;
including renumbering, reorganizing,
and revised definitions. On April 10,
2012 (77 FR 21453), EPA published a
notice of final rulemaking for the July
11, 2005, and October 25, 2005
submittals. In that action, EPA approved
renumbering, reorganizing and portions
of Colorado’s revisions to the Stationary
Source Permitting and Air Pollutant
Emission Notice Requirements
(Regulation No. 3) that incorporate
EPA’s December 31, 2002 NSR Reform;
however, EPA considered as withdrawn
the portions of the submittals that
implemented the clean unit and
pollution control project exemptions.
EPA also approved a version of the
recordkeeping requirements that
removed the ‘‘reasonable possibility’’
standard.
Colorado adopted revisions on
December 15, 2005, and submitted these
revisions, which we are addressing in
this action, on August 21, 2006. These
revisions reflect the removal of
references to clean units, pollution
control projects, and the ‘‘reasonable
possibility’’ standard from the State’s
rules. As a result of the deletion of these
references, many provisions were
renumbered and references to them
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updated. The submittal also included
other minor administrative changes to
Regulation No. 3.
Colorado’s August 21, 2006 submittal
supersedes the portions of the
Colorado’s July 11, 2005 and October
25, 2005, submittals which were
considered withdrawn in our April 10,
2012 action. EPA is taking final action
on these revisions in this rulemaking.
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II. Response to Comments
EPA proposed action on these
revisions on July 9, 2012 (77 FR 40315.)
We accepted comments from the public
on this proposal through August 8,
2012. EPA received no comments
during the public comment period.
III. What are the changes EPA is taking
final action to approve?
EPA is taking final action to approve
all revisions to Regulation No. 3 as
submitted on August 21, 2006, with one
exception, including renumbering that
resulted from removing provisions that
were vacated or remanded in the June
24, 2005 court decision, as well as
minor administrative changes. We are
not approving the removal of provisions
that were considered withdrawn in our
April 10, 2012 action (77 FR 21453), as
these provisions were never approved
into the SIP. We are only approving the
renumbering that resulted from
Colorado’s removal of those provisions
from Regulation Number 3. In a number
of instances, the provisions that were
approved in our April 10, 2012 action
contain italicized and underlined text.
As explained in our April 10, 2012
notice, the italicized text was to be
added to the SIP and the underlined text
removed from the SIP upon our
approval of the NSR reform provisions.
As that approval was completed in our
April 10, 2012 action, in this action we
incorporate only the plain and italicized
text of the renumbered provisions.
The exception stems from a final
action EPA took on January 9, 2012 (77
FR 1027). In that action, we approved
revisions to Regulation Number 3, Part
C, that were submitted on August 1,
2007 to meet the requirements of the
Phase 2 Implementation Rule for the
1997 ozone NAAQs (70 FR 71612, Nov.
29, 2005). As the August 1, 2007
submittal was subsequent to the August
21, 2006 submittal we are approving
today, the provisions we approved in
our January 9, 2012 action (listed in
Table 2 of 77 FR 1027) already reflect
the renumbering of Part C and
supersede the provisions in the August
21, 2006 submittal. As explained in our
January 9, 2012 notice, the subsequent
approval of the remaining renumbering
of Part C—which we are carrying out
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today—resolves any discrepancy in the
numbering of Part C.
As part of the NSR Reform rule, EPA
allowed sources to calculate their actual
and projected actual emissions to
determine whether a modification will
trigger NSR. If a source concludes that
there is no ‘‘reasonable possibility’’ that
emissions from a project will trigger
NSR, the source is not required to keep
records substantiating that calculation.
However, the data and records would
necessarily be generated by the owner or
operator to calculate its emissions.
Colorado did not follow the federal
rule in this regard. In Section I.B.5.,
Colorado imposes a requirement that
owners or operators using the actual-toprojected-actual applicability test for a
project that requires a minor source
permit or modification [pursuant to Part
A, Section I.B.26.; Part C, Section I.A.3.;
or Part C, Section X.; or any minor
source permit under any provisions of
Part B], submit an otherwise-required
permit application and include
documentation adequate to substantiate
calculations made for the test.
The June 24, 2005, DC Circuit court
opinion also addressed the
recordkeeping and reporting
requirements of the federal rule. The
2002 rule excused a source from
maintaining records of the information
and calculations used in the actual-toprojected actual applicability test if the
source determined that there was no
‘‘reasonable possibility’’ that the
modification would trigger NSR. These
are the same records necessary to
substantiate calculations made for the
applicability test. The court concluded
that lack of evidence, in the form of data
and records, could inhibit enforceability
of the NSR program in this context. The
court remanded this part of the rule. On
December 21, 2007, EPA published a
final rule in response to the DC Circuit
Court’s remand of the recordkeeping
provisions of EPA’s 2002 NSR Reform
Rules (see 72 FR 72607) in which EPA
clarified what constitutes ‘‘reasonable
possibility’’. 72 FR 72607 established a
‘‘percentage increase trigger’’ by which
there is a reasonable possibility that a
change would result in a significant
emissions increase if the projected
emissions increase of a pollutant—
determined by comparing baseline
actual emissions to projected actual
emissions—equaled or exceeded fifty
percent of the applicable NSR
significant level for that pollutant.
The State of Colorado requires sources
retain records that, among other things,
are essential to substantiate sources’
calculations using the actual-toprojected-actual applicability test.
Colorado also requires that a source
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submit its data and calculations along
with a permit application that would
otherwise be required for the physical or
operational change. Colorado reviews
the data and calculations only to
confirm a source’s conclusions whether
it triggers NSR. The information
submitted is then included in a nonenforceable appendix to a source’s Title
V Permit or as a permit note in the
source’s construction permit.
Accordingly, Colorado elected not to
modify Part D, Section I.B.5. and to
modify Part D, Sections V.A.7.c. and
VI.B.5. in a manner that maintains
consistency with Section I.B.5. Part D,
Sections V.A.7.c. and VI.B.5 were
previously approved in 77 FR 21453
(April 10, 2012). EPA finds that the
current Regulation No. 3 recordkeeping
requirements are at least as stringent as
in 72 FR 72607.
IV. What action is EPA taking today?
Based on the discussion in this notice,
EPA finds that the renumbering
resulting from Colorado’s removal of
vacated and remanded provisions from
the June 24, 2005, court decision, and
other minor administrative changes
meet applicable requirements of the Act;
and thus, the revisions are approvable
under CAA section 110. Therefore, we
are taking final action to approve
Colorado’s Regulation No. 3 revisions as
submitted on August 21, 2006.
Specifically, we are taking final action
to approve the renumbering—with the
exception of renumbered provisions
already approved in our January 9, 2012
action—resulting from the deletion of
the following provisions:1
Part C, Section I.A.7.j
Part D, Section II.A.23.d.(viii)
Part D, Section II.A.27.c.(iv)
Part D, Section II.A.27.g.(v)
Part D, Section I.B.3.
Part D, Section I.D.
Part D, Section II.A.11.
Part D, Section II.A.35.
Part D, Section XV.
Part D, Section XVI.
We are approving the renumbering of
the existing Regulation No. 3 rule
because these changes are nonsubstantive and do not affect the
meaning of the rule. The renumbering
1 The provisions approved in our January 9, 2012
action are Regulation Number 3, Part C, Sections
II.A.22.a, II.A.24.d, II.A.38.c, and II.A.42.a. Also, in
our proposal for this action we proposed to delete
Part A, Sections V.E.10 and V.E.11, and Part C,
Section I.A.7.j from the SIP. However, these
provisions were never approved into the SIP so
deletion of them is unnecessary. The deletion of
Part A, Sections V.E.10 and V.E.11 did not cause
any renumbering; however, the deletion of Part C,
Section I.A.7.j did cause renumbering and we are
approving the renumbered sections.
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changes are outlined in the August 21,
2006 state submittal (see docket).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this final 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
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located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 25, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds, Incorporation by
reference.
Dated: November 27, 2012.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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)(125) to read as
follows:
■
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§ 52.320
Identification of plan.
*
*
*
*
*
(c) * * *
(125) On August 21, 2006, the State of
Colorado submitted revisions to 5 CCR
1001–5, Regulation Number 3, Air
Pollution Emission Notice and
Permitting Requirements. The August
21, 2006, submittal included
renumbering and deletions of
Regulation Number 3. The incorporation
by reference in paragraphs (c)(125)(i)(A)
and (B) of this section reflect the
renumbered sections, deletions and
reference changes as of the August 21,
2006, submittal.
(i) Incorporation by reference
(A) 5 CCR 1001–5, Regulation Number
3, Stationary Source Permitting and Air
Contaminant Emission Notice
Requirements, Part C, Concerning
Operating Permits, Section I,
Applicability, I.A., Definitions; I.A.7.j.,
adopted December 15, 2005 and
effective March 2, 2006.
(B) 5 CCR 1001–5, Regulation Number
3, Stationary Source Permitting and Air
Contaminant Emission Notice
Requirements, Part D, Concerning Major
Stationary Source New Source Review
and Prevention of Significant
Deterioration, adopted December 15,
2005 and effective March 2, 2006:
(1) Section I, Applicability, I.A.,
General Applicability; I.A.2., I.B.,
Applicability Tests; I.B.3., I.B.4.
(2) Section II, Definitions; II.A.;
II.A.1., Actual Emissions; II.A.1.d.;
II.A.11., Complete; II.A.12.,
Construction; II.A.13., Emissions Unit;
II.A.14., Electric Utility Steam
Generating Unit; II.A.15., Federal Land
Manager (FLM); II.A.16., High Terrain;
II.A.17., Hydrocarbon combustion flare;
II.A.18., Innovative Control Technology;
II.A.19., Low Terrain; II.A.20., Lowest
Achievable Emission Rates (LAER)
(excluding underlined text); II.A.21.,
Major Emissions Unit; II.A.22., Major
Modification (excluding II.A.22.a. and
underlined text); II.A.23., Major Source
Baseline Date; II.A.24., Major Stationary
Source (excluding II.A.24.d. and
underlined text); II.A.25., Minor Source
Baseline Date; II.A.26., Net Emissions
Increase (excluding underlined text);
II.A.27., Nonattainment Major New
Source Review (NSR) Program; II.A.28.,
PAL Effective Date; II.A.29., PAL
Effective Period; II.A.30., PAL Major
Modification; II.A.31., PAL Permit;
II.A.32., PAL Pollutant; II.A.33.,
Plantwide Applicability Limitation
(PAL); II.A.34., Prevention of Significant
Deterioration (PSD) Permit; II.A.35.,
Project; II.A.36., Projected Actual
Emissions; II.A.37., Reactivation of Very
Clean Coal-fired Electric Utility Steam
Generating Unit; II.A.38., Regulated
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NSR Pollutant (excluding II.A.38.c.);
II.A.39., Replacement Unit; II.A.40.,
Repowering (excluding underlined text);
II.A.41., Secondary Emissions; II.A.42.,
Significant (excluding II.A.42.a.) ;
II.A.43., Significant Emissions Increase;
II.A.44., Significant Emissions Unit;
II.A.45., Small Emissions Unit; II.A.46.,
Temporary Clean Coal Technology
Demonstration Project; XV., Actual
PALs.
(ii) Additional material.
(A) Notice of Final Adoption, dated
12/15/2005, signed by Douglas A.
Lempke, Administrator, for revisions
made to Regulation Number 3, Air
Pollution Emission Notice and
Permitting Requirements.
[FR Doc. 2013–00579 Filed 1–23–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111213751–2102–02]
RIN 0648–XC441
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the Aleut
Corporation’s and the Community
SUMMARY:
Development Quota pollock directed
fishing allowances from the Aleutian
Islands subarea to the Bering Sea
subarea directed fisheries. These actions
are necessary to provide opportunity for
harvest of the 2013 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), January 24, 2013, until the
effective date of the final 2013 and 2014
harvest specifications for Bering Sea and
Aleutian Islands (BSAI) groundfish,
unless otherwise modified or
superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2013 pollock total
allowable catch (TAC) allocated to the
Aleut Corporation’s directed fishing
allowance (DFA) is 15,500 metric tons
(mt) and the Community Development
Quota (CDQ) DFA is 1,900 mt as
established by the final 2012 and 2013
harvest specifications for groundfish in
the BSAI (77 FR 10669, February 23,
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2012), and as adjusted by an inseason
adjustment (78 FR 270, January 3, 2013).
As of January 17, 2013, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 10,500 mt of Aleut
Corporation’s DFA and 1,900 mt of
pollock CDQ DFA in the Aleutian
Islands subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 10,500 mt of Aleut
Corporation’s DFA and 1,900 mt of
pollock CDQ DFA from the Aleutian
Islands subarea to the 2013 Bering Sea
subarea allocations. The 1,900 mt of
pollock CDQ DFA is added to the 2013
Bering Sea CDQ DFA. The remaining
10,500 mt of pollock is apportioned to
the AFA Inshore sector (50 percent),
AFA catcher/processor sector (40
percent), and the AFA mothership
sector (10 percent). The 2013 Bering Sea
subarea pollock incidental catch
allowance remains at 33,699 mt. As a
result, the harvest specifications for
pollock in the Aleutian Islands subarea
included in the final 2012 and 2013
harvest specifications for groundfish in
the BSAI (77 FR 10669, February 23,
2012) are revised as follows: 5,000 mt to
Aleut Corporation’s DFA and 0 mt to
CDQ DFA. Furthermore, pursuant to
§ 679.20(a)(5), Table 3 of the final 2012
and 2013 harvest specifications for
groundfish in the BSAI (77 FR 10669,
February 23, 2012), as adjusted by the
inseason adjustment (78 FR 270, January
3, 2013), is revised to make 2013
pollock allocations consistent with this
reallocation. This reallocation results in
adjustments to the 2013 Aleut
Corporation and CDQ pollock
allocations established at § 679.20(a)(5).
TABLE 3—FINAL 2012 AND 2013 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE
CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2012 A season 1
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Area and sector
2012
Allocations
A season DFA
2013 A season 1
2012 B
season 1
SCA harvest
limit 2
2013
Allocations
B season DFA
A season DFA
2013
B season 1
SCA harvest
limit 2
B season DFA
Bering Sea subarea ..........
CDQ DFA ..........................
ICA 1 ..................................
AFA Inshore ......................
AFA Catcher/Processors 3
Catch by C/Ps ...................
Catch by CVs 3 ..................
Unlisted C/P Limit 4 ...........
AFA Motherships ...............
Excessive Harvesting
Limit 5 .............................
Excessive Processing
Limit 6 .............................
Total Bering Sea DFA .......
1,212,400
121,900
32,400
529,050
423,240
387,265
35,975
2,116
105,810
n/a
48,760
n/a
211,620
169,296
154,906
14,390
846
42,324
n/a
34,132
n/a
148,134
118,507
n/a
n/a
n/a
29,627
n/a
73,140
n/a
317,430
253,944
232,359
21,585
1,270
63,486
1,259,400
126,600
33,699
549,551
439,640
402,271
37,369
2,198
109,910
n/a
50,640
n/a
219,820
175,856
160,908
14,948
879
43,964
n/a
35,448
n/a
153,874
123,099
n/a
n/a
n/a
30,775
n/a
75,960
n/a
329,730
263,784
241,363
22,422
1,319
65,946
185,168
n/a
n/a
n/a
192,343
n/a
n/a
n/a
317,430
1,058,100
n/a
423,240
n/a
296,268
n/a
634,860
329,730
1,099,101
n/a
439,640
n/a
307,748
n/a
659,461
Aleutian Islands subarea1
CDQ DFA ..........................
ICA ....................................
6,600
0
1,600
n/a
0
800
n/a
n/a
n/a
n/a
0
800
6,600
0
1,600
n/a
0
800
n/a
n/a
n/a
n/a
0
800
VerDate Mar<15>2010
14:44 Jan 23, 2013
Jkt 229001
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5140-5143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00579]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2011-1025, FRL-9762-5]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to New Source Review Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions adopted by the
State of Colorado on December 15, 2005, to Regulation No. 3 (Air
Pollutant Emission Notice and Permitting Requirements). Colorado
submitted the request for approval of these rule revisions into the
State Implementation Plan (SIP) on August 21, 2006. The revisions
remove repealed provisions in Regulation No. 3 that pertain to the
issuance of Colorado air quality permits; the revisions also implement
other minor administrative changes and renumbering. The intended effect
of this action is to take final action to approve the rules that are
consistent with the Clean Air Act (CAA.) This action is being taken
under section 110 of the CAA.
DATES: This final rule is effective February 25, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-1025. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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 you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Response to Comments
III. What are the changes EPA is taking final action to approve?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
I. Background Information
On December 31, 2002, EPA published revisions to the federal
Prevention of Significant Deterioration (PSD) and non-attainment NSR
regulations. These revisions are commonly referred to as ``NSR Reform''
and became effective nationally in areas not covered by a SIP on March
3, 2003. The NSR Reform revisions included provisions for baseline
emissions determinations, actual-to-future actual methodology,
plantwide applicability limits (PALs), clean units, and pollution
control projects (PCPs). On June 24, 2005, the United States Court of
Appeals for the District of Columbia Circuit issued its decision and
opinion in the case of New York v. U. S. Environmental Protection
Agency, 413 F.3d 3 (D.C. Cir. 2005). The court concluded that,
regarding the clean unit exemption from NSR, the plain language of the
Clean Air Act indicated that Congress intended to apply NSR to changes
that increase actual emissions instead of potential or allowable
emissions. As a result, the court vacated the clean units portions of
the Federal Rule. The court also concluded that EPA lacks the authority
to create pollution control project exemptions from NSR and vacated the
PCP portions of both the 1992 WEPCO Rule and the 2002 NSR Reform rule.
By vacating those portions of the Federal NSR rule, the court
terminated those exemptions to new source review. The court also
remanded back to EPA the ``reasonable possibility'' standard for when a
source must keep certain project related records.
The State of Colorado submitted a formal SIP revision on July 11,
2005, followed by a supplemental submittal on October 25, 2005. These
submittals requested approval for regulations to implement the NSR
Reform provisions that were not vacated or remanded by the June 24,
2005 court decision; including renumbering, reorganizing, and revised
definitions. On April 10, 2012 (77 FR 21453), EPA published a notice of
final rulemaking for the July 11, 2005, and October 25, 2005
submittals. In that action, EPA approved renumbering, reorganizing and
portions of Colorado's revisions to the Stationary Source Permitting
and Air Pollutant Emission Notice Requirements (Regulation No. 3) that
incorporate EPA's December 31, 2002 NSR Reform; however, EPA considered
as withdrawn the portions of the submittals that implemented the clean
unit and pollution control project exemptions. EPA also approved a
version of the recordkeeping requirements that removed the ``reasonable
possibility'' standard.
Colorado adopted revisions on December 15, 2005, and submitted
these revisions, which we are addressing in this action, on August 21,
2006. These revisions reflect the removal of references to clean units,
pollution control projects, and the ``reasonable possibility'' standard
from the State's rules. As a result of the deletion of these
references, many provisions were renumbered and references to them
[[Page 5141]]
updated. The submittal also included other minor administrative changes
to Regulation No. 3.
Colorado's August 21, 2006 submittal supersedes the portions of the
Colorado's July 11, 2005 and October 25, 2005, submittals which were
considered withdrawn in our April 10, 2012 action. EPA is taking final
action on these revisions in this rulemaking.
II. Response to Comments
EPA proposed action on these revisions on July 9, 2012 (77 FR
40315.) We accepted comments from the public on this proposal through
August 8, 2012. EPA received no comments during the public comment
period.
III. What are the changes EPA is taking final action to approve?
EPA is taking final action to approve all revisions to Regulation
No. 3 as submitted on August 21, 2006, with one exception, including
renumbering that resulted from removing provisions that were vacated or
remanded in the June 24, 2005 court decision, as well as minor
administrative changes. We are not approving the removal of provisions
that were considered withdrawn in our April 10, 2012 action (77 FR
21453), as these provisions were never approved into the SIP. We are
only approving the renumbering that resulted from Colorado's removal of
those provisions from Regulation Number 3. In a number of instances,
the provisions that were approved in our April 10, 2012 action contain
italicized and underlined text. As explained in our April 10, 2012
notice, the italicized text was to be added to the SIP and the
underlined text removed from the SIP upon our approval of the NSR
reform provisions. As that approval was completed in our April 10, 2012
action, in this action we incorporate only the plain and italicized
text of the renumbered provisions.
The exception stems from a final action EPA took on January 9, 2012
(77 FR 1027). In that action, we approved revisions to Regulation
Number 3, Part C, that were submitted on August 1, 2007 to meet the
requirements of the Phase 2 Implementation Rule for the 1997 ozone
NAAQs (70 FR 71612, Nov. 29, 2005). As the August 1, 2007 submittal was
subsequent to the August 21, 2006 submittal we are approving today, the
provisions we approved in our January 9, 2012 action (listed in Table 2
of 77 FR 1027) already reflect the renumbering of Part C and supersede
the provisions in the August 21, 2006 submittal. As explained in our
January 9, 2012 notice, the subsequent approval of the remaining
renumbering of Part C--which we are carrying out today--resolves any
discrepancy in the numbering of Part C.
As part of the NSR Reform rule, EPA allowed sources to calculate
their actual and projected actual emissions to determine whether a
modification will trigger NSR. If a source concludes that there is no
``reasonable possibility'' that emissions from a project will trigger
NSR, the source is not required to keep records substantiating that
calculation. However, the data and records would necessarily be
generated by the owner or operator to calculate its emissions.
Colorado did not follow the federal rule in this regard. In Section
I.B.5., Colorado imposes a requirement that owners or operators using
the actual-to-projected-actual applicability test for a project that
requires a minor source permit or modification [pursuant to Part A,
Section I.B.26.; Part C, Section I.A.3.; or Part C, Section X.; or any
minor source permit under any provisions of Part B], submit an
otherwise-required permit application and include documentation
adequate to substantiate calculations made for the test.
The June 24, 2005, DC Circuit court opinion also addressed the
recordkeeping and reporting requirements of the federal rule. The 2002
rule excused a source from maintaining records of the information and
calculations used in the actual-to-projected actual applicability test
if the source determined that there was no ``reasonable possibility''
that the modification would trigger NSR. These are the same records
necessary to substantiate calculations made for the applicability test.
The court concluded that lack of evidence, in the form of data and
records, could inhibit enforceability of the NSR program in this
context. The court remanded this part of the rule. On December 21,
2007, EPA published a final rule in response to the DC Circuit Court's
remand of the recordkeeping provisions of EPA's 2002 NSR Reform Rules
(see 72 FR 72607) in which EPA clarified what constitutes ``reasonable
possibility''. 72 FR 72607 established a ``percentage increase
trigger'' by which there is a reasonable possibility that a change
would result in a significant emissions increase if the projected
emissions increase of a pollutant--determined by comparing baseline
actual emissions to projected actual emissions--equaled or exceeded
fifty percent of the applicable NSR significant level for that
pollutant.
The State of Colorado requires sources retain records that, among
other things, are essential to substantiate sources' calculations using
the actual-to-projected-actual applicability test. Colorado also
requires that a source submit its data and calculations along with a
permit application that would otherwise be required for the physical or
operational change. Colorado reviews the data and calculations only to
confirm a source's conclusions whether it triggers NSR. The information
submitted is then included in a non-enforceable appendix to a source's
Title V Permit or as a permit note in the source's construction permit.
Accordingly, Colorado elected not to modify Part D, Section I.B.5. and
to modify Part D, Sections V.A.7.c. and VI.B.5. in a manner that
maintains consistency with Section I.B.5. Part D, Sections V.A.7.c. and
VI.B.5 were previously approved in 77 FR 21453 (April 10, 2012). EPA
finds that the current Regulation No. 3 recordkeeping requirements are
at least as stringent as in 72 FR 72607.
IV. What action is EPA taking today?
Based on the discussion in this notice, EPA finds that the
renumbering resulting from Colorado's removal of vacated and remanded
provisions from the June 24, 2005, court decision, and other minor
administrative changes meet applicable requirements of the Act; and
thus, the revisions are approvable under CAA section 110. Therefore, we
are taking final action to approve Colorado's Regulation No. 3
revisions as submitted on August 21, 2006.
Specifically, we are taking final action to approve the
renumbering--with the exception of renumbered provisions already
approved in our January 9, 2012 action--resulting from the deletion of
the following provisions:\1\
---------------------------------------------------------------------------
\1\ The provisions approved in our January 9, 2012 action are
Regulation Number 3, Part C, Sections II.A.22.a, II.A.24.d,
II.A.38.c, and II.A.42.a. Also, in our proposal for this action we
proposed to delete Part A, Sections V.E.10 and V.E.11, and Part C,
Section I.A.7.j from the SIP. However, these provisions were never
approved into the SIP so deletion of them is unnecessary. The
deletion of Part A, Sections V.E.10 and V.E.11 did not cause any
renumbering; however, the deletion of Part C, Section I.A.7.j did
cause renumbering and we are approving the renumbered sections.
Part C, Section I.A.7.j
Part D, Section II.A.23.d.(viii)
Part D, Section II.A.27.c.(iv)
Part D, Section II.A.27.g.(v)
Part D, Section I.B.3.
Part D, Section I.D.
Part D, Section II.A.11.
Part D, Section II.A.35.
Part D, Section XV.
Part D, Section XVI.
We are approving the renumbering of the existing Regulation No. 3
rule because these changes are non-substantive and do not affect the
meaning of the rule. The renumbering
[[Page 5142]]
changes are outlined in the August 21, 2006 state submittal (see
docket).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 25, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds, Incorporation
by reference.
Dated: November 27, 2012.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. Section 52.320 is amended by adding paragraph (c)(125) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(125) On August 21, 2006, the State of Colorado submitted revisions
to 5 CCR 1001-5, Regulation Number 3, Air Pollution Emission Notice and
Permitting Requirements. The August 21, 2006, submittal included
renumbering and deletions of Regulation Number 3. The incorporation by
reference in paragraphs (c)(125)(i)(A) and (B) of this section reflect
the renumbered sections, deletions and reference changes as of the
August 21, 2006, submittal.
(i) Incorporation by reference
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part C, Concerning
Operating Permits, Section I, Applicability, I.A., Definitions;
I.A.7.j., adopted December 15, 2005 and effective March 2, 2006.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part D, Concerning
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted December 15, 2005 and effective March 2, 2006:
(1) Section I, Applicability, I.A., General Applicability; I.A.2.,
I.B., Applicability Tests; I.B.3., I.B.4.
(2) Section II, Definitions; II.A.; II.A.1., Actual Emissions;
II.A.1.d.; II.A.11., Complete; II.A.12., Construction; II.A.13.,
Emissions Unit; II.A.14., Electric Utility Steam Generating Unit;
II.A.15., Federal Land Manager (FLM); II.A.16., High Terrain; II.A.17.,
Hydrocarbon combustion flare; II.A.18., Innovative Control Technology;
II.A.19., Low Terrain; II.A.20., Lowest Achievable Emission Rates
(LAER) (excluding underlined text); II.A.21., Major Emissions Unit;
II.A.22., Major Modification (excluding II.A.22.a. and underlined
text); II.A.23., Major Source Baseline Date; II.A.24., Major Stationary
Source (excluding II.A.24.d. and underlined text); II.A.25., Minor
Source Baseline Date; II.A.26., Net Emissions Increase (excluding
underlined text); II.A.27., Nonattainment Major New Source Review (NSR)
Program; II.A.28., PAL Effective Date; II.A.29., PAL Effective Period;
II.A.30., PAL Major Modification; II.A.31., PAL Permit; II.A.32., PAL
Pollutant; II.A.33., Plantwide Applicability Limitation (PAL);
II.A.34., Prevention of Significant Deterioration (PSD) Permit;
II.A.35., Project; II.A.36., Projected Actual Emissions; II.A.37.,
Reactivation of Very Clean Coal-fired Electric Utility Steam Generating
Unit; II.A.38., Regulated
[[Page 5143]]
NSR Pollutant (excluding II.A.38.c.); II.A.39., Replacement Unit;
II.A.40., Repowering (excluding underlined text); II.A.41., Secondary
Emissions; II.A.42., Significant (excluding II.A.42.a.) ; II.A.43.,
Significant Emissions Increase; II.A.44., Significant Emissions Unit;
II.A.45., Small Emissions Unit; II.A.46., Temporary Clean Coal
Technology Demonstration Project; XV., Actual PALs.
(ii) Additional material.
(A) Notice of Final Adoption, dated 12/15/2005, signed by Douglas
A. Lempke, Administrator, for revisions made to Regulation Number 3,
Air Pollution Emission Notice and Permitting Requirements.
[FR Doc. 2013-00579 Filed 1-23-13; 8:45 am]
BILLING CODE 6560-50-P
