Approval and Promulgation of Air Quality Implementation Plans; Colorado; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions, 22772-22774 [2014-09251]
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace
Designations and Reporting Points,
dated August 7, 2013, effective
September 15, 2013, is amended as
follows:
■
Paragraph 6003 Class E Airspace
Designated as an Extension to a Class C
Surface Area.
*
*
*
*
*
ASO TN E3 Nashville, TN [New]
Nashville International Airport, TN
(Lat. 36°07′31″ N., long. 86°40′35″ W.)
Nashville VORTAC
(Lat. 36°07′62″ N., long. 86°40′95″ W.)
That airspace extending upward from the
surface extending from the 5-mile radius of
Nashville International Airport to an 11.7mile radius southeast of the airport, from the
Nashville VORTAC 161° radial clockwise to
the 195° radial, and to an 8.9-mile radius
southwest of the airport from the 195° radial
of the VORTAC clockwise to the 231° radial
of the VORTAC.
Issued in College Park, Georgia, on April
14, 2014.
Myron A. Jenkins,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2014–09155 Filed 4–23–14; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2013–0801; FRL–9907–58–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Prevention of Significant
Deterioration; Greenhouse Gas
Tailoring Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
pmangrum on DSK3VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions
and additions to the Colorado State
Implementation Plan (SIP) submitted by
the Colorado Department of Public
SUMMARY:
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Health and the Environment (CDPHE) to
EPA on May 25, 2011. The SIP revision
to Colorado Regulation Number 3 and
the Common Provisions Regulation
addresses the permitting of sources of
greenhouse gases (GHGs). Specifically,
we are approving revisions to portions
of Parts A, B and D of Regulation
Number 3 to incorporate the provisions
of EPA’s 2010 Prevention of Significant
Deterioration (PSD) and Title V
Greenhouse Gas Tailoring Rule. The SIP
revisions establish emission thresholds
for determining which new stationary
sources and modifications to existing
stationary sources become subject to
Colorado’s PSD permitting requirements
for their GHG emissions. EPA is
approving the May 25, 2011 SIP revision
to the Colorado PSD permitting program
as being consistent with federal
requirements for PSD permitting. EPA is
also approving several grammar and
punctuation changes to Regulation
Number 3 made by the State and
included in the May 25, 2011 submittal.
EPA is finalizing this action under
section 110 and part C of the Clean Air
Act (the Act or CAA).
DATES: This final rule is effective May
27, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R08–OAR–
2013–0801. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop St., Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jody
Ostendorf, Air Program, Mailcode 8P–
AR, Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop St.,
Denver, Colorado 80202–1129, (303)
312–7814, ostendorf.jody@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, the
following definitions apply:
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(i) The words or initials Act or CAA
mean or refer to the federal Clean Air
Act, unless the context indicates
otherwise.
(ii) The initials CDPHE mean or refer
to the Colorado Department of Public
Health and the Environment.
(iii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iv) The initials GHG mean or refer to
Greenhouse Gas.
(v) The initials NSR mean or refer to
New Source Review.
(vi) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(vii) The initials SIP mean or refer to
State Implementation Plan.
(viii) The words State or CO mean the
State of Colorado, unless the context
indicates otherwise.
Table of Contents
I. Background for Our Final Action
II. What final action is EPA taking?
III. Statutory and Executive Orders Review
I. Background for Our Final Action
The May 25, 2011 SIP submittal
includes PSD permitting provisions that
establish (1) GHG as a regulated
pollutant under the PSD program, and
(2) emission thresholds for determining
which new stationary sources and
modification projects become subject to
Colorado’s PSD permitting requirements
for their GHG emissions consistent with
EPA’s GHG Tailoring Rule. The
background for today’s final rule and
EPA’s national actions pertaining to
GHGs is discussed in detail in our
proposal (see 79 FR 2144, January 13,
2014). The comment period was open
for 30 days and we received no written
comments.
II. What final action is EPA taking?
Colorado has adopted and submitted
regulations that are substantively
similar to the federal requirements for
the permitting of GHG-emitting sources
subject to PSD. EPA is approving the
May 25, 2011 submittal for
incorporation into the SIP. The
submitted revisions establish thresholds
for determining which stationary
sources and modification projects
become subject to permitting
requirements for GHG emissions under
Colorado’s New Source Review (NSR)
PSD program. Specifically, EPA is
approving revisions to Regulation
Number 3 Parts A, B and D and the
Common Provisions Regulation. EPA
has determined that these May 25, 2011
revisions are approvable into Colorado’s
SIP because they are consistent with the
requirements of 40 CFR 51.166, in
particular requirements set out in EPA’s
final GHG Tailoring Rule.
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations
Minor grammatical and capitalization
changes made throughout the May 25,
2011 submittal are also approved. These
include minor changes to Parts A, B and
D of Regulation Number 3. The changes
do not revise the regulatory meaning in
Regulation Number 3 and are, therefore,
approved without specific reference in
this notice. We are not acting on
grammatical revisions to Part C of
Regulation Number 3 since this is the
State’s Title V operating permit program
and it is not part of the SIP.
pmangrum on DSK3VPTVN1PROD with RULES
III. Statutory and Executive Orders
Review
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 that meets federal
requirements and disapproves state law
that does not meet federal requirements;
when finalized, this action would 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
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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 June 23, 2014.
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 CAA
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.
Authority: 42 U.S.C. 7401 et seq.
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22773
Dated: February 24, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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)(128) to read as
follows:
■
§ 52.320
Identification of plan.
*
*
*
*
*
(c) * * *
(128) On May 25, 2011, the State of
Colorado submitted revisions to 5 CCR
1001–5, Regulation 3, Stationary Source
Permitting and Air Pollutant Emission
Notice Requirements, parts A, B, and D.
The May 25, 2011 submittal addresses
the permitting of sources of greenhouse
gases (GHGs). The revisions to portions
of parts A, B, and D incorporate the
provisions of the Prevention of
Significant Deterioration (PSD) and Title
V Greenhouse Gas Tailoring Rule. The
revisions establish thresholds for
determining which new stationary
sources and modifications to existing
stationary sources become subject to
Colorado’s PSD permitting requirements
for their GHG emissions. These
revisions are consistent with federal
requirements for PSD permitting.
(i) Incorporation by reference.
(A) 5 CCR 1001–5, Regulation Number
3, Stationary Source Permitting and Air
Pollutant Emission Notice
Requirements, Part A, Concerning
General Provisions Applicable to
Reporting and Permitting, I.B.,
Definitions, I.B.10, Carbon Dioxide
Equivalent (CO2e); I.B.23., Greenhouse
Gas (GHG); I.B.25., Major Source,
I.B.25b; and I.B.44., Subject to
Regulation; VI., Fees, VI.D., Fee
Schedule; Part B, Concerning
Construction Permits, II.A.4. and II.A.7;
Part D, Concerning Major Stationary
Source New Source Review and
Prevention of Significant Deterioration,
II., Definitions, II.A., introductory
paragraph, II.A.8, Best Available Control
Technology (BACT); II.A.22., Major
Modification; II.A.24., Major Stationary
Source; II.A.24.a., introductory
paragraph, II.A.24.a.(ii); II.A.24.b.;
II.A.38., Regulated NSR Pollutant,
II.A.38.e. and II.A.38.f.; adopted October
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations
21, 2010 and effective December 15,
2010.
[FR Doc. 2014–09251 Filed 4–23–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0951; FRL–9800–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts; Revisions to Fossil
Fuel Utilization Facilities and Source
Registration Regulations and Industrial
Performance Standards for Boilers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving several State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts. The revisions add new
monitoring, inspection, maintenance
and testing requirements for certain
fossil fuel utilization facilities, rename
and clarify stationary source emission
reporting requirements, and establish
compliance and certification standards
for new boilers. The intended effect of
this action is to approve the
Commonwealth’s revised ‘‘Fossil Fuel
Utilization Facility’’ regulation, ‘‘Source
Registration’’ regulation, and new
‘‘Industrial Performance Standards for
Boilers.’’ This action is being taken
under the Clean Air Act.
DATES: This rule is effective on May 27,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R01–OAR–
2012–0951. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Permits, Toxics and Indoor
Programs Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
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SUMMARY:
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14:15 Apr 23, 2014
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section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at the Division of
Air Quality Control, Department of
Environmental Protection, One Winter
Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT:
Brendan McCahill, Air Permits, Toxics
and Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency
Region 1, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912, Telephone number (617)
918–1652, Fax number (617) 918–0652,
Email McCahill.Brendan@EPA.GOV.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
INFORMATION CONTACT
Table of Contents
I. What action is EPA approving in this
document?
II. What portions of the SIP submittals will
EPA incorporate into the SIP?
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. What action is EPA approving in this
document?
On February 7, 2013 (78 FR 9016),
EPA published a Notice of Proposed
Rulemaking (NPR) for the
Commonwealth of Massachusetts.
The NPR proposed approval of the
following SIP submittals:
• A June 28, 1990 and a July 11, 2001
SIP amendment revising 310 CMR 7.04
entitled, ‘‘U Fossil Fuel Utilization
Facilities,’’
• A July 11, 2001 SIP amendment
revising 310 CMR 7.12 entitled, ‘‘U
Source Registration,’’
• A September 14, 2006 SIP
amendment adopting 310 CMR
7.26(30)–(37) entitled, ‘‘Industrial
Performance Standards—U Boiler,’’ and
• A February 13, 2008 SIP
amendment that, among other things,
revises 310 CMR 7.04, corrects several
typographical errors, clarifies certain
requirements to 310 CMR 7.12 and 310
CMR 7.26(30)–(37) and updates the list
of Massachusetts cities in 310 CMR
7.00.
The specific requirements of four SIP
submittals and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here. EPA
did not receive any public comments on
the NPR.
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II. What portions of the SIP submittals
will EPA incorporate into the SIP?
On January 18, 2013, the
Massachusetts Department of
Environmental Protection (MassDEP)
issued a letter to EPA withdrawing
outdated and obsolete submittals and
replacing them with SIP submittals
containing effective versions of the
regulations for approval into the SIP.
The letter included two attachments.
Attachment I identified the regulations
that MassDEP requests EPA to approve
into the SIP. The attachment includes
struck out versions of those regulations
MassDEP is withdrawing from
consideration and the final version of
the regulations (without strikeout) that
MassDEP requests to be included in the
SIP.
Attachment 2 includes a list of
regulations previously submitted to EPA
for approval. The list indicates the
regulation name and CMR regulation
number, CMR page number, the
MassDEP disposition of the rule (i.e.,
whether to withdraw it or have EPA act
upon it), and the reason for the
MassDEP’s disposition.
Based on the information from the
two attachments, EPA is incorporating
the latest versions of 310 CMR 7.00,
‘‘Massachusetts Cities & Towns with
Corresponding DEP Regional Offices
and Air Pollution Districts,’’ 310 CMR
7.04(2) and 7.04(4)(a), 310 CMR 7.12
and 310 CMR 7.26(30–37) into the SIP.
The February 13, 2008 SIP submittal
included the latest version of the 310
CMR 7.00, 310 CMR 7.04(2) and
7.04(4)(a) and 310 CMR 7.26(30–37).
Numerous SIP submittals provided a
portion of 310 CMR 7.12. The August 9,
2001 SIP submittal included provision
310 CMR 7.12(1)(a)1. The September 14,
2006 SIP submitted included provisions
310 CMR 7.12(2)(c), 310 CMR 7.12(3)
and 310 CMR 7.12(4). The February 13,
2008 SIP submittal included provisions
310 CMR 7.12(1)(a)2–9, (1)(b) and (1)(c),
and 310 CMR 7.12(2)(a) and (b).
These versions of the regulations are
the versions that were made available in
the docket for the February 7, 2013 NPR.
We are re-stating this information here,
not because anything has changed since
the publication of the NPR, but rather
for clarity given the complex history of
these submissions
In addition, as described in the
January 18, 2013 letter, the MassDEP
has withdrawn the following regulations
from inclusion into the SIP; 310 CMR
7.02, 310 CMR 7.03, 310 CMR 7.11, and
310 CMR 7.26(28)–(29).
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]]>Agencies
[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Rules and Regulations]
[Pages 22772-22774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09251]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2013-0801; FRL-9907-58-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Prevention of Significant Deterioration; Greenhouse Gas
Tailoring Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions and additions to the Colorado State Implementation Plan (SIP)
submitted by the Colorado Department of Public Health and the
Environment (CDPHE) to EPA on May 25, 2011. The SIP revision to
Colorado Regulation Number 3 and the Common Provisions Regulation
addresses the permitting of sources of greenhouse gases (GHGs).
Specifically, we are approving revisions to portions of Parts A, B and
D of Regulation Number 3 to incorporate the provisions of EPA's 2010
Prevention of Significant Deterioration (PSD) and Title V Greenhouse
Gas Tailoring Rule. The SIP revisions establish emission thresholds for
determining which new stationary sources and modifications to existing
stationary sources become subject to Colorado's PSD permitting
requirements for their GHG emissions. EPA is approving the May 25, 2011
SIP revision to the Colorado PSD permitting program as being consistent
with federal requirements for PSD permitting. EPA is also approving
several grammar and punctuation changes to Regulation Number 3 made by
the State and included in the May 25, 2011 submittal. EPA is finalizing
this action under section 110 and part C of the Clean Air Act (the Act
or CAA).
DATES: This final rule is effective May 27, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2013-0801. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129, (303) 312-7814,
ostendorf.jody@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, the following definitions apply:
(i) The words or initials Act or CAA mean or refer to the federal
Clean Air Act, unless the context indicates otherwise.
(ii) The initials CDPHE mean or refer to the Colorado Department of
Public Health and the Environment.
(iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iv) The initials GHG mean or refer to Greenhouse Gas.
(v) The initials NSR mean or refer to New Source Review.
(vi) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(vii) The initials SIP mean or refer to State Implementation Plan.
(viii) The words State or CO mean the State of Colorado, unless the
context indicates otherwise.
Table of Contents
I. Background for Our Final Action
II. What final action is EPA taking?
III. Statutory and Executive Orders Review
I. Background for Our Final Action
The May 25, 2011 SIP submittal includes PSD permitting provisions
that establish (1) GHG as a regulated pollutant under the PSD program,
and (2) emission thresholds for determining which new stationary
sources and modification projects become subject to Colorado's PSD
permitting requirements for their GHG emissions consistent with EPA's
GHG Tailoring Rule. The background for today's final rule and EPA's
national actions pertaining to GHGs is discussed in detail in our
proposal (see 79 FR 2144, January 13, 2014). The comment period was
open for 30 days and we received no written comments.
II. What final action is EPA taking?
Colorado has adopted and submitted regulations that are
substantively similar to the federal requirements for the permitting of
GHG-emitting sources subject to PSD. EPA is approving the May 25, 2011
submittal for incorporation into the SIP. The submitted revisions
establish thresholds for determining which stationary sources and
modification projects become subject to permitting requirements for GHG
emissions under Colorado's New Source Review (NSR) PSD program.
Specifically, EPA is approving revisions to Regulation Number 3 Parts
A, B and D and the Common Provisions Regulation. EPA has determined
that these May 25, 2011 revisions are approvable into Colorado's SIP
because they are consistent with the requirements of 40 CFR 51.166, in
particular requirements set out in EPA's final GHG Tailoring Rule.
[[Page 22773]]
Minor grammatical and capitalization changes made throughout the
May 25, 2011 submittal are also approved. These include minor changes
to Parts A, B and D of Regulation Number 3. The changes do not revise
the regulatory meaning in Regulation Number 3 and are, therefore,
approved without specific reference in this notice. We are not acting
on grammatical revisions to Part C of Regulation Number 3 since this is
the State's Title V operating permit program and it is not part of the
SIP.
III. Statutory and Executive Orders Review
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 that meets
federal requirements and disapproves state law that does not meet
federal requirements; when finalized, this action would 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 June 23, 2014. 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 CAA 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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)(128) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(128) On May 25, 2011, the State of Colorado submitted revisions to
5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, parts A, B, and D. The May 25,
2011 submittal addresses the permitting of sources of greenhouse gases
(GHGs). The revisions to portions of parts A, B, and D incorporate the
provisions of the Prevention of Significant Deterioration (PSD) and
Title V Greenhouse Gas Tailoring Rule. The revisions establish
thresholds for determining which new stationary sources and
modifications to existing stationary sources become subject to
Colorado's PSD permitting requirements for their GHG emissions. These
revisions are consistent with federal requirements for PSD permitting.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, I.B.,
Definitions, I.B.10, Carbon Dioxide Equivalent (CO2e); I.B.23.,
Greenhouse Gas (GHG); I.B.25., Major Source, I.B.25b; and I.B.44.,
Subject to Regulation; VI., Fees, VI.D., Fee Schedule; Part B,
Concerning Construction Permits, II.A.4. and II.A.7; Part D, Concerning
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, II., Definitions, II.A., introductory paragraph, II.A.8,
Best Available Control Technology (BACT); II.A.22., Major Modification;
II.A.24., Major Stationary Source; II.A.24.a., introductory paragraph,
II.A.24.a.(ii); II.A.24.b.; II.A.38., Regulated NSR Pollutant,
II.A.38.e. and II.A.38.f.; adopted October
[[Page 22774]]
21, 2010 and effective December 15, 2010.
[FR Doc. 2014-09251 Filed 4-23-14; 8:45 am]
BILLING CODE 6560-50-P
